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By: Madden H.B. No. 3097
A BILL TO BE ENTITLED
AN ACT
relating to the enrollment and absence of students in what
constitutes a school year in public primary and secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.081(b), Education Code, is amended to
read as follows:
(b) The commissioner may approve the instruction of
students for fewer than the number of days required under
Subsection (a) if disaster, flood, extreme weather conditions, fuel
curtailment, absence because of illness affecting at least 10
percent of the instructional faculty or students, or another
calamity causes the closing of schools.
SECTION 2. Sections 25.0811(b) and (c), Education Code, are
amended to read as follows:
(b) If a school district intends to apply under Section
7.056 for a waiver of the prohibition prescribed by Subsection (a),
the district must:
(1) at least 60 days before the date the district
submits the application for the waiver, publish notice
electronically on the Internet [in a newspaper having general
circulation in the district]:
(A) stating that the district intends to apply
for a waiver of the prohibition concerning the date of the first day
of instruction for students; and
(B) specifying the date on which the district
intends to begin instruction for students; and
(2) hold a public hearing concerning the date of the
first day of instruction for students.
(c) The application for a waiver of the prohibition
prescribed by Subsection (a) must include a summary of the opinions
expressed at the public hearing held under Subsection (b)(2)[,
including any consensus of opinion expressed conerning the date of
the first day of instruction for students].
SECTION 3. Section 25.087(b), Education Code, is amended to
read as follows:
(b) A school district shall excuse a student from attending
school for the purpose of observing religious holy days, including
traveling for that purpose. A school district shall excuse a
student for temporary absence resulting from health care
professionals' attendance to the student's health care needs
[professionals] if that student commences classes or returns to
school on the same day of the appointment. A student whose absence
is excused under this subsection may not be penalized for that
absence and shall be counted as if the student attended school for
purposes of calculating the average daily attendance of students in
the school district. A student whose absence is excused under this
subsection shall be allowed a reasonable time to make up school work
missed on those days. If the student satisfactorily completes the
school work, the day of absence shall be counted as a day of
compulsory attendance.
SECTION 4. Section 25.001 (b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the district free of
tuition a person who is over five and younger than 21 years of age on
the first day the school year begins in the year [of September of
the school year] in which admission is sought if:
(1) the person and either parent of the person reside
in the school district;
(2) the person does not reside in the school district
but a parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other
person having lawful control of the person under a court order
reside within the school district;
(4 the person has established a separate residence
under Subsection (d);
(5) the person is homeless, as defined by 42 U.S.C.
Section 11302, regardless of the residence of the person, of either
parent of the person, or of the person's guardian or other person
having lawful control of the person;
(6) the person is a foreign exchange student placed
with a host family that resides in the school district by a
nationally recognized foreign exchange program, unless the school
district has applied for and been granted a waiver by the
commissioner under Subsection (e);
(7) the person resides at a residential facility
located in the district; or
(8) the person resides in the school district and is 18
years of age or older or the person's disabilities of minority have
been removed.
SECTION 5. This Act applies beginning with the 2004-2005
school year.
SECTION 6. This Act takes effect September 1, 2003.