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.