By Hawley, Delisi, Hunter, Noriega                    H.B. No. 1442
         77R4528 ESH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application to certain children of military
 1-3     personnel of the requirement of exit-level performance on
 1-4     assessment instruments for graduation from public high school.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter B, Chapter 39, Education Code, is
 1-7     amended by adding Section 39.0251 to read as follows:
 1-8           Sec. 39.0251.  EXEMPTION FROM EXIT-LEVEL PERFORMANCE
 1-9     REQUIREMENT FOR CHILDREN OF MILITARY PERSONNEL. (a)  This section
1-10     applies only to a student who:
1-11                 (1)  moves to this state because the student's parent
1-12     or guardian, or another person having lawful control of the student
1-13     under a court order:
1-14                       (A)  serves in the armed forces of the United
1-15     States; and
1-16                       (B)  is assigned to duty in this state; and
1-17                 (2)  if the student were enrolled in a public
1-18     institution of higher education, would be entitled under Section
1-19     54.058(b) to pay the tuition fees and other fees required of a
1-20     resident of this state.
1-21           (b)  A student to whom this section applies is exempt from
1-22     the requirement of Section 39.025(a) for a subject area if:
1-23                 (1)  a state in which the student previously resided
1-24     requires, as a condition of high school graduation, satisfactory
 2-1     performance on an exit-level assessment instrument in that subject
 2-2     area; and
 2-3                 (2)  the student performed satisfactorily on that
 2-4     assessment instrument.
 2-5           SECTION 2.  Section 39.0251, Education Code, as added by this
 2-6     Act, applies beginning with the 2001-2002 school year.
 2-7           SECTION 3.  This Act takes effect immediately if it receives
 2-8     a vote of two-thirds of all the members elected to each house, as
 2-9     provided by Section 39, Article III, Texas Constitution.  If this
2-10     Act does not receive the vote necessary for immediate effect, this
2-11     Act takes effect September 1, 2001.