By Ogden                                               S.B. No. 265
         77R2854 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to school district high school equivalency examination
 1-3     programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 29, Education Code, is
 1-6     amended by adding Section 29.087 to read as follows:
 1-7           Sec. 29.087.  SCHOOL DISTRICT HIGH SCHOOL EQUIVALENCY
 1-8     EXAMINATION PROGRAMS.  (a)  The agency shall develop a program for
 1-9     school districts to prepare eligible students who are at risk of
1-10     dropping out of school to take a high school equivalency
1-11     examination.
1-12           (b)  A district that participates in the program shall offer
1-13     preparatory classes for the high school equivalency examination to
1-14     each eligible district student.
1-15           (c)  A student is eligible to participate in the program if:
1-16                 (1)  the student is 16 years of age or older at the
1-17     beginning of the school year or semester;
1-18                 (2)  the student and the student's parent or guardian
1-19     agree to the student's participation;
1-20                 (3)  there is a reasonable expectation that the student
1-21     will not graduate on schedule and passing a high school equivalency
1-22     examination would be in the best interest of the student;
1-23                 (4)  there is a reasonable expectation that on
1-24     completion of the program the student will be able to perform
 2-1     satisfactorily on the high school equivalency examination; and
 2-2                 (5)  any other conditions specified by the agency are
 2-3     satisfied.
 2-4           (d)  A district shall inform each student who has completed
 2-5     the program of the time and place at which the student may take the
 2-6     high school equivalency examination.
 2-7           (e)  The agency shall adopt rules to ensure that students are
 2-8     not encouraged to participate in the program solely as a means to
 2-9     divert students with discipline problems or poor academic
2-10     performance into the program as an alternative to regular high
2-11     school graduation.
2-12           (f)  The agency shall request permission from the General
2-13     Educational Development Testing Service to administer the service's
2-14     high school equivalency examination to students enrolled in high
2-15     school who participate in the program.
2-16           (g)  The agency shall include in its comprehensive biennial
2-17     report under Section 39.182 the number of students enrolled in the
2-18     program and the number of students in the program who performed
2-19     satisfactorily on the high school equivalency examination.
2-20           SECTION 2. Section 7.111(a), Education Code, as amended by
2-21     Chapters 76 and 1282, Acts of the 76th Legislature, Regular
2-22     Session, 1999, is reenacted and amended to read as follows:
2-23           (a)  The board shall provide for the administration of high
2-24     school equivalency examinations.  A person who does not have a high
2-25     school diploma may take the examination in accordance with rules
2-26     adopted by the board if the person is:
2-27                 (1)  over 17 years of age;
 3-1                 (2)  16 years of age or older and:
 3-2                       (A)  is enrolled in a Job Corps training program
 3-3     under the Job Training Partnership Act (29 U.S.C. Section 1501 et
 3-4     seq.), and its subsequent amendments; [or]
 3-5                       (B)  a public agency providing supervision of the
 3-6     person or having custody of the person under a court order
 3-7     recommends that the person take the examination; or
 3-8                       (C)  the person has completed a high school
 3-9     equivalency preparation program under Section 29.087; or
3-10                 (3)  required to take the examination under a justice
3-11     or municipal court order issued under Section 54.021(d)(1)(B),
3-12     Family Code.
3-13           SECTION 3. Section 25.086(a), Education Code, is amended to
3-14     read as follows:
3-15           (a)  A child is exempt from the requirements of compulsory
3-16     school attendance if the child:
3-17                 (1)  attends a private or parochial school that
3-18     includes in its course a study of good citizenship;
3-19                 (2)  is eligible to participate in a school district's
3-20     special education program under Section 29.003 and cannot be
3-21     appropriately served by the resident district;
3-22                 (3)  has a physical or mental condition of a temporary
3-23     and remediable nature that makes the child's attendance infeasible
3-24     and holds a certificate from a qualified physician specifying the
3-25     temporary condition, indicating the treatment prescribed to remedy
3-26     the temporary condition, and covering the anticipated period of the
3-27     child's absence from school for the purpose of receiving and
 4-1     recuperating from that remedial treatment;
 4-2                 (4)  is expelled in accordance with the requirements of
 4-3     law in a school district that does not participate in a mandatory
 4-4     juvenile justice alternative education program under Section
 4-5     37.011;
 4-6                 (5)  is at least 17 years of age and:
 4-7                       (A)  is attending a course of instruction to
 4-8     prepare for the high school equivalency examination, and:
 4-9                             (i)  has the permission of the child's
4-10     parent or guardian to attend the course;
4-11                             (ii)  is required by court order to attend
4-12     the course;
4-13                             (iii)  has established a residence separate
4-14     and apart from the child's parent, guardian, or other person having
4-15     lawful control of the child; or
4-16                             (iv)  is homeless as defined by 42 U.S.C.
4-17     Section 11302; or
4-18                       (B)  has received a high school diploma or high
4-19     school equivalency certificate;
4-20                 (6)  is at least 16 years of age and:
4-21                       (A)  is attending a course of instruction to
4-22     prepare for the high school equivalency examination, if:
4-23                             (i) [(A)]  the child is recommended to take
4-24     the course of instruction by a public agency that has supervision
4-25     or custody of the child under a court order; or
4-26                             (ii) [(B)]  the child is enrolled in a Job
4-27     Corps training program under the Job Training Partnership Act (29
 5-1     U.S.C. Section 1501 et seq.), and its subsequent amendments; or
 5-2                       (B)  has earned a high school equivalency
 5-3     certificate after completing a program under Section 29.087;
 5-4                 (7)  is enrolled in the Texas Academy of Mathematics
 5-5     and Science;
 5-6                 (8)  is enrolled in the Texas Academy of Leadership in
 5-7     the Humanities; or
 5-8                 (9)  is specifically exempted under another law.
 5-9           SECTION 4.  This Act takes effect immediately if it receives
5-10     a vote of two-thirds of all the members elected to each house, as
5-11     provided by Section 39, Article III, Texas Constitution.  If this
5-12     Act does not receive the vote necessary for immediate effect, this
5-13     Act takes effect September 1, 2001.