1-1 By: Bivins S.B. No. 1472
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Education; April 7, 1999,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 0; April 7, 1999, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1472 By: Bivins
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the age at which a student may take the high school
1-10 equivalency examination and the age of compulsory attendance in
1-11 public school.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 7.111, Education Code, is
1-14 amended to read as follows:
1-15 (a) The board shall provide for the administration of high
1-16 school equivalency examinations. A person who does not have a high
1-17 school diploma may take the examination in accordance with rules
1-18 adopted by the board if the person is:
1-19 (1) over 17 years of age; or[:]
1-20 (2) [(1) is] 16 years of age or older and:
1-21 (A) is enrolled in a Job Corps training program
1-22 under the Job Training Partnership Act (29 U.S.C. Section 1501 et
1-23 seq.), and its subsequent amendments; or [and]
1-24 (B) [(2)] a public agency providing supervision
1-25 of the person or having custody of the person under a court order
1-26 recommends that the person take the examination.
1-27 SECTION 2. Subsection (a), Section 25.086, Education Code,
1-28 is amended to read as follows:
1-29 (a) A child is exempt from the requirements of compulsory
1-30 school attendance if the child:
1-31 (1) attends a private or parochial school that
1-32 includes in its course a study of good citizenship;
1-33 (2) is eligible to participate in a school district's
1-34 special education program under Section 29.003 and cannot be
1-35 appropriately served by the resident district;
1-36 (3) has a physical or mental condition of a temporary
1-37 and remediable nature that makes the child's attendance infeasible
1-38 and holds a certificate from a qualified physician specifying the
1-39 temporary condition, indicating the treatment prescribed to remedy
1-40 the temporary condition, and covering the anticipated period of the
1-41 child's absence from school for the purpose of receiving and
1-42 recuperating from that remedial treatment;
1-43 (4) is expelled in accordance with the requirements of
1-44 law in a school district that does not participate in a mandatory
1-45 juvenile justice alternative education program under Section
1-46 37.011;
1-47 (5) is at least 17 years of age and:
1-48 (A) is attending a course of instruction to
1-49 prepare for the high school equivalency examination, and:
1-50 (i) has the permission of the child's
1-51 parent or guardian to attend the course;
1-52 (ii) is required by court order to attend
1-53 the course;
1-54 (iii) has established a residence separate
1-55 and apart from the child's parent, guardian, or other person having
1-56 lawful control of the child; or
1-57 (iv) is homeless as defined by 42 U.S.C.
1-58 Section 11302; or
1-59 (B) has received a high school diploma or high
1-60 school equivalency certificate;
1-61 (6) is at least 16 years of age and is attending a
1-62 course of instruction to prepare for the high school equivalency
1-63 examination, if:
1-64 (A) the child is recommended to take the course
2-1 of instruction by a public agency that has supervision or custody
2-2 of the child under a court order; or
2-3 (B) the child is enrolled in a Job Corps
2-4 training program under the Job Training Partnership Act (29 U.S.C.
2-5 Section 1501 et seq.), and its subsequent amendments;
2-6 (7) is enrolled in the Texas Academy of Mathematics
2-7 and Science;
2-8 (8) is enrolled in the Texas Academy of Leadership in
2-9 the Humanities; or
2-10 (9) is specifically exempted under another law.
2-11 SECTION 3. This Act applies beginning with the 1999-2000
2-12 school year.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.
2-20 * * * * *