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                                  * * * * *