By: Grusendorf, et al. (Senate Sponsor - Brimer) H.B. No. 316
(In the Senate - Received from the House April 28, 2005;
April 29, 2005, read first time and referred to Committee on
Education; May 20, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 20, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 316 By: West
A BILL TO BE ENTITLED
AN ACT
relating to a child's failure to attend school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.001(b), Education Code, is amended to
read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A, Chapter 29, or Subchapter E, Chapter 30, this code does not apply
to students, facilities, or programs under the jurisdiction of the
[Texas] Department of Aging [Mental Health] and Disability
Services, the Department of State Health Services, the Health and
Human Services Commission [Mental Retardation], the Texas Youth
Commission, [the Texas Department of Human Services,] the Texas
Department of Criminal Justice, a Job Corps program operated by or
under contract with the United States Department of Labor, or any
juvenile probation agency.
SECTION 2. Subtitle C, Title 2, Education Code, is amended
by adding Chapter 18 to read as follows:
CHAPTER 18. JOB CORPS DIPLOMA PROGRAMS
Sec. 18.001. DEFINITIONS. In this chapter:
(1) "Job Corps diploma program" or "diploma program"
means a public school high school diploma program established and
operated under this chapter.
(2) "Job Corps training program" means any corporate
entity authorized to do business in the state and currently under
contract with the United States Department of Labor to operate a Job
Corps training program under the Workforce Investment Act of 1998
(29 U.S.C. Section 2801 et seq.).
Sec. 18.002. ESTABLISHMENT. (a) A Job Corps training
program may establish a high school diploma program to operate
public secondary schools at Job Corps facilities throughout the
state.
(b) A Job Corps diploma program established under this
chapter is separate and distinct from the United States Department
of Labor.
Sec. 18.003. AUTHORITY. A Job Corps diploma program may
offer a secondary school curriculum, a high school diploma program,
and a General Educational Development program.
Sec. 18.004. GOALS. The goals of a Job Corps diploma
program are to:
(1) serve at-risk students who have not been
successful in a traditional school setting;
(2) increase student success rates in obtaining and
maintaining employment; and
(3) decrease future societal costs by offering a high
school diploma program to students who would benefit from Job Corps
academic and vocational programs.
Sec. 18.005. GOVERNANCE; LIMITATION ON POWERS; DUTIES. (a)
A Job Corps diploma program shall be governed as provided by this
chapter and policies established by the Job Corps training program
operating the diploma program. Unless otherwise provided by this
chapter, a provision of this code applicable to a school district
does not apply to a Job Corps diploma program.
(b) A Job Corps diploma program may not impose a tax.
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28;
(4) require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and
(5) comply with a requirement imposed under this title
or a rule adopted under this title relating to the Public Education
Information Management System (PEIMS) to the extent necessary to
determine compliance with this chapter, as determined by the
commissioner.
Sec. 18.006. ACCOUNTABILITY. (a) The commissioner shall
develop and implement a system of accountability consistent with
Chapter 39, where appropriate, to be used in assigning an annual
performance rating to Job Corps diploma programs comparable to the
ratings assigned to school districts under Section 39.072.
(b) In addition to other factors determined to be
appropriate by the commissioner, the accountability system must
include consideration of:
(1) student performance on the secondary exit-level
assessment instruments required by Section 39.023(c); and
(2) dropout rates, including dropout rates and diploma
program completion rates for the grade levels served by the diploma
program.
Sec. 18.007. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES.
(a) Any person enrolled in good standing in a Job Corps diploma
program who is not a high school graduate is eligible for programs
or services under this chapter.
(b) A person's eligibility for programs and services under
this chapter does not exclude the person from being eligible for an
educational program or service under any other chapter of this
code.
Sec. 18.008. GRANTS AND FEDERAL FUNDS. (a) A Job Corps
diploma program may accept a grant from a public or private
organization and may spend those funds to supplement programs and
provide student services.
(b) A diploma program may accept federal funds and shall use
those funds in compliance with applicable federal law, regulations,
and guidelines.
Sec. 18.009. COSTS. (a) A Job Corps training program
shall pay the cost of operating its diploma program.
(b) The operating costs of a program may not be charged to a
school district.
Sec. 18.010. PROGRAM EMPLOYEES. (a) Job Corps diploma
program employees are not considered employees of the state.
(b) A diploma program may establish personnel policies as
necessary to ensure its effective and efficient operation under
this chapter.
(c) A diploma program employee required under Chapter 21 to
hold a certificate if employed by a school district must be
certified in accordance with that chapter.
SECTION 3. Section 25.086(a), Education Code, is amended to
read as follows:
(a) A child is exempt from the requirements of compulsory
school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
the course;
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C.
Section 11302; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination, if:
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or
(B) the child is enrolled in a Job Corps training
program under the Workforce Investment Act of 1998 (29 U.S.C.
Section 2801 et seq.) [Job Training Partnership Act (29 U.S.C.
Section 1501 et seq.), and its subsequent amendments];
(7) is at least 16 years of age and is enrolled in a
high school diploma program under Chapter 18;
(8) is enrolled in the Texas Academy of Mathematics
and Science;
(9) [(8)] is enrolled in the Texas Academy of
Leadership in the Humanities; or
(10) [(9)] is specifically exempted under another
law.
SECTION 4. Section 25.091, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) A peace officer serving as an attendance officer has the
following powers and duties concerning enforcement of compulsory
school attendance requirements:
(1) to investigate each case of a violation of
compulsory school attendance requirements referred to the peace
officer;
(2) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a district, county,
justice, or municipal court if the student has unexcused absences
for the amount of time specified under Section 25.094 or under
Section 51.03(b)(2), Family Code; and
(B) filing a complaint in a county, justice, or
municipal court against a parent who violates Section 25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance
by each student investigated by the officer;
(5) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(6) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent; and
(7) to take a student into custody with the permission
of the student's parent or in obedience to a court-ordered legal
process.
(a-1) A peace officer who is not serving as an attendance
officer has the following powers concerning enforcement of
compulsory school attendance requirements:
(1) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a district, county,
justice, or municipal court if the student has unexcused absences
for the amount of time specified under Section 25.094 or under
Section 51.03(b)(2), Family Code; and
(B) filing a complaint in a county, justice, or
municipal court against a parent who violates Section 25.093;
(2) to serve court-ordered legal process;
(3) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent; and
(4) to take a student into custody with the permission
of the student's parent or in obedience to a court-ordered legal
process.
(b) An attendance officer employed by a school district who
is not commissioned as a peace officer has the following powers and
duties with respect to enforcement of compulsory school attendance
requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the
attendance officer;
(2) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a district, county,
justice, or municipal court if the student has unexcused absences
for the amount of time specified under Section 25.094 or under
Section 51.03(b)(2), Family Code; and
(B) filing a complaint in a county, justice, or
municipal court against a parent who violates Section 25.093;
(3) to monitor school attendance compliance by each
student investigated by the officer;
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the attendance officer may not
enter a residence without permission of the parent or of the owner
or tenant of the residence;
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements; and
(7) if the attendance officer has or is informed of a
court-ordered legal process directing that a student be taken into
custody and the school district employing the officer does not
employ its own police department, to contact the sheriff,
constable, or any peace officer to request that the student be taken
into custody and processed according to the legal process.
SECTION 5. Section 25.093(a), Education Code, is amended to
read as follows:
(a) If a warning is issued as required by Section 25.095(b)
[25.095(a)], the parent with criminal negligence fails to require
the child to attend school as required by law, and the child has
absences for the amount of time specified under Section 25.094, the
parent commits an offense.
SECTION 6. Section 25.094, Education Code, is amended by
amending Subsections (a), (b), (c), (d), and (d-1) and adding
Subsection (e-1) to read as follows:
(a) An individual commits an offense if the individual:
(1) is required to attend school under Section 25.085;
and
(2) fails to attend school on seven [10] or more days
or parts of days within a three-month [six-month] period in the same
school year or on three or more days or parts of days within a
four-week period.
(b) An offense under this section may be prosecuted in:
(1) the constitutional county court of the county in
which the individual resides or in which the school is located, if
the county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the individual resides or in which the school is located; [or]
(3) a municipal court in the municipality in which the
individual resides or in which the school is located; or
(4) a district court for the county in which the
student resides or in which the school is located.
(c) On a finding by the district, county, justice, or
municipal court that the individual has committed an offense under
Subsection (a) or on a finding by a juvenile court in a county with a
population of less than 100,000 that the individual has engaged in
conduct that violates Subsection (a), the court may enter an order
that includes one or more of the requirements listed in Article
45.054, Code of Criminal Procedure[, as added by Chapter 1514, Acts
of the 77th Legislature, Regular Session, 2001].
(d) If the district, county, justice, or municipal court
believes that a child has violated an order issued under Subsection
(c), the court may proceed as authorized by Article 45.050, Code of
Criminal Procedure.
(d-1) Pursuant to an order of the district, county, justice,
or municipal court based on an affidavit showing probable cause to
believe that an individual has committed an offense under this
section, a peace officer may take the individual into custody. A
peace officer taking an individual into custody under this
subsection shall:
(1) promptly notify the individual's parent, guardian,
or custodian of the officer's action and the reason for that action;
and
(2) without unnecessary delay:
(A) release the individual to the individual's
parent, guardian, or custodian or to another responsible adult, if
the person promises to bring the individual to the district,
county, justice, or municipal court as requested by the court; or
(B) bring the individual to a district, county,
justice, or municipal court with venue over the offense.
(e-1) Each day of a violation under this section may
constitute a separate offense.
SECTION 7. Section 25.095, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A school district or open-enrollment charter school
shall notify a student's parent in writing at the beginning of the
school year that if the student is absent from school on seven [10]
or more days or parts of days within a three-month [six-month]
period in the same school year or on three or more days or parts of
days within a four-week period:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to prosecution under
Section 25.094 or to referral to a juvenile court in a county with a
population of less than 100,000 for conduct that violates that
section.
(b) A school district shall notify a student's parent by
telephone and in writing if the student has been absent from school,
without excuse under Section 25.087, on three days or parts of days
within a four-week period. The notice must:
(1) inform the parent that:
(A) it is the parent's duty to monitor the
student's school attendance and require the student to attend
school; and
(B) the parent is subject to prosecution under
Section 25.093; and
(2) require the parent to attend in person or by
telephone [request] a conference between school officials and the
parent to:
(A) discuss the absences;
(B) develop a plan specifically for the student
for improving the student's school attendance; and
(C) review the legal consequences of a student's
continuing unexcused absences.
(b-1) In addition to providing notice to a student's parent
under Subsection (b), the school district shall notify a counselor
at the student's school, or in the student's school district if the
student's school does not have a counselor, if a student has been
absent from school, without excuse under Section 25.087, on three
or more days or parts of days within a four-week period. To the
extent practicable, on receiving the notification, the counselor
shall perform an assessment of the student, including the student's
academic progress, to use in developing the plan required under
Subsection (b)(2)(B).
SECTION 8. Sections 25.0951(a) and (b), Education Code, are
amended to read as follows:
(a) If a student fails to attend school without excuse on
seven [10] or more days or parts of days within a three-month
[six-month] period in the same school year, a school district may,
not later than the 15th school day after the date of the student's
last absence [shall]:
(1) file a complaint against the student or the
student's parent or both in a district, county, justice, or
municipal court for an offense under Section 25.093 or 25.094, as
appropriate, or refer the student to a juvenile court in a county
with a population of less than 100,000 for conduct that violates
Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district may, not later than the 15th school day
after the date of the student's last absence:
(1) file a complaint against the student or the
student's parent or both in a district, county, justice, or
municipal court for an offense under Section 25.093 or 25.094, as
appropriate, or refer the student to a juvenile court in a county
with a population of less than 100,000 for conduct that violates
Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
SECTION 9. Section 51.03(b), Family Code, is amended to
read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child on seven [10] or more days
or parts of days within a three-month [six-month] period in the same
school year or on three or more days or parts of days within a
four-week period from school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 484.002, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code; or
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305.
SECTION 10. Section 51.08, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) A juvenile court may not refuse to accept the transfer
of a case brought under Section 25.094, Education Code, for a child
described by Subsection (b)(1) if a prosecuting attorney for the
court determines under Section 53.012 that the case is legally
sufficient under Section 53.01 for adjudication in juvenile court.
SECTION 11. The heading to Section 54.021, Family Code, is
amended to read as follows:
Sec. 54.021. DISTRICT, COUNTY, JUSTICE, OR MUNICIPAL COURT:
TRUANCY.
SECTION 12. Sections 54.021(a), (b), and (c), Family Code,
are amended to read as follows:
(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the constitutional county
court, if the county has a population of two million or more, or to
an appropriate district, justice, or municipal court, with the
permission of the district, county, justice, or municipal court,
for disposition in the manner provided by Subsection (b) if the
child is alleged to have engaged in conduct described in Section
51.03(b)(2). A waiver of jurisdiction under this subsection may be
for an individual case or for all cases in which a child is alleged
to have engaged in conduct described in Section 51.03(b)(2). The
waiver of a juvenile court's exclusive original jurisdiction for
all cases in which a child is alleged to have engaged in conduct
described in Section 51.03(b)(2) is effective for a period of one
year.
(b) A district, county, justice, or municipal court may
exercise jurisdiction over a person alleged to have engaged in
conduct indicating a need for supervision by engaging in conduct
described in Section 51.03(b)(2) in a case where:
(1) the juvenile court has waived its original
jurisdiction under this section; and
(2) a complaint is filed by the appropriate authority
in the district, county, justice, or municipal court charging an
offense under Section 25.094, Education Code.
(c) A proceeding in a district, county, justice, or
municipal court on a complaint charging an offense under Section
25.094, Education Code, is governed by Chapter 45, Code of Criminal
Procedure.
SECTION 13. Sections 54.04(o) and (u), Family Code, are
amended to read as follows:
(o) In a disposition under this title:
(1) a status offender may not, under any
circumstances, be committed to the Texas Youth Commission for
engaging in conduct that would not, under state or local law, be a
crime if committed by an adult;
(2) a status offender may not, under any circumstances
other than as provided under Subsection (n), be placed in a
post-adjudication secure correctional facility; and
(3) a child adjudicated for contempt of a district,
county, justice, or municipal court order may not, under any
circumstances, be placed in a post-adjudication secure
correctional facility or committed to the Texas Youth Commission
for that conduct.
(u) For the purposes of disposition under Subsection
(d)(2), delinquent conduct that violates a penal law of this state
of the grade of felony or misdemeanor does not include conduct that
violates a lawful order of a district, county, municipal, justice,
or juvenile court under circumstances that would constitute
contempt of that court.
SECTION 14. Section 264.304(c), Family Code, is amended to
read as follows:
(c) The court shall determine that the child is an at-risk
child if the court finds that the child has engaged in the following
conduct:
(1) conduct, other than a traffic offense and except
as provided by Subsection (d), that violates:
(A) the penal laws of this state; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the unexcused voluntary absence of the child on
seven [10] or more days or parts of days within a three-month
[six-month] period or three or more days or parts of days within a
four-week period from school without the consent of the child's
parent, managing conservator, or guardian;
(3) the voluntary absence of the child from the child's
home without the consent of the child's parent, managing
conservator, or guardian for a substantial length of time or
without intent to return;
(4) conduct that violates the laws of this state
prohibiting driving while intoxicated or under the influence of
intoxicating liquor (first or second offense) or driving while
under the influence of any narcotic drug or of any other drug to a
degree that renders the child incapable of safely driving a vehicle
(first or second offense); or
(5) conduct that evidences a clear and substantial
intent to engage in any behavior described by Subdivisions (1)-(4).
SECTION 15. Article 45.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On a finding by a district, county, justice, or
municipal court that an individual has committed an offense under
Section 25.094, Education Code, the court has jurisdiction to enter
an order that includes one or more of the following provisions
requiring that:
(1) the individual:
(A) attend school without unexcused absences;
(B) attend a preparatory class for the high
school equivalency examination administered under Section 7.111,
Education Code, if the court determines that the individual is too
old to do well in a formal classroom environment; or
(C) if the individual is at least 16 years of age,
take the high school equivalency examination administered under
Section 7.111, Education Code;
(2) the individual attend a special program that the
court determines to be in the best interest of the individual,
including:
(A) an alcohol and drug abuse program;
(B) a rehabilitation program;
(C) a counseling program, including
self-improvement counseling;
(D) a program that provides training in
self-esteem and leadership;
(E) a work and job skills training program;
(F) a program that provides training in
parenting, including parental responsibility;
(G) a program that provides training in manners;
(H) a program that provides training in violence
avoidance;
(I) a program that provides sensitivity
training; and
(J) a program that provides training in advocacy
and mentoring;
(3) the individual and the individual's parent attend
a class for students at risk of dropping out of school designed for
both the individual and the individual's parent;
(4) the individual complete reasonable community
service requirements; or
(5) for the total number of hours ordered by the court,
the individual participate in a tutorial program covering the
academic subjects in which the student is enrolled provided by the
school the individual attends.
SECTION 16. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies only to an
offense committed on or after September 1, 2005. An offense
committed before September 1, 2005, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this subsection, an
offense was committed before September 1, 2005, if any element of
the offense occurred before that date.
(b) Section 51.08, Family Code, as amended by this Act,
applies only to the transfer of a case to juvenile court that occurs
on or after the effective date of this Act. A transfer that occurs
before the effective date of this Act is governed by the law in
effect when the transfer occurred, and the former law is continued
in effect for that purpose.
SECTION 17. This Act takes effect September 1, 2005.
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