78R7584 ESH-D

By:  Solis                                                        H.B. No. 2421



A BILL TO BE ENTITLED

AN ACT

relating to eligibility to participate in a high school equivalency 
program operated by a school district or open-enrollment charter 
school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 29.087(d), Education Code, as added by 
Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001, 
is amended to read as follows:
	(d)  A student is eligible to participate in a program 
authorized by this section if:
		(1)  the student has been ordered by a court under  
Article 45.054, Code of Criminal Procedure, as added by Chapter 
1514, Acts of the 77th Legislature, Regular Session, 2001, to:
			(A)  participate in a preparatory class for the 
high school equivalency examination; or
			(B)  take the high school equivalency examination 
administered under Section 7.111; or
		(2)  the following conditions are satisfied:                                  
			(A)  the student is at least 16 years of age at the 
beginning of the school year or semester;
			(B)  the student is a student at risk of dropping 
out of school, as defined by Section 29.081;
			(C)  the student and the student's parent or 
guardian agree in writing to the student's participation;
			(D)  at least two school years have elapsed since 
the student first enrolled in ninth grade [and the student has 
accumulated less than one quarter of the credits required to 
graduate under the minimum graduation requirements of the district 
or school]; and
			(E)  any other conditions specified by the 
commissioner.                   
	SECTION 2.  Sections 29.087(m) and (o), Education Code, as 
added by Chapter 1514, Acts of the 77th Legislature, Regular 
Session, 2001, are repealed.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.