79R2181 SLO-D

By:  Alonzo                                                       H.B. No. 1553



A BILL TO BE ENTITLED

AN ACT

relating to the exemptions from compulsory school attendance.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 Job Training Partnership Act (29 U.S.C. 
Section 1501 et seq.), and its subsequent amendments;
		[(7)]  is enrolled in the Texas Academy of Mathematics 
and Science;
		(7) [(8)]  is enrolled in the Texas Academy of 
Leadership in the Humanities; or
		(8) [(9)]  is specifically exempted under another law.
	SECTION 2.  Section 25.086, Education Code, as amended by 
this Act, applies only to a child who is not exempt from the 
requirements of compulsory school attendance as of August 31, 2005.  
A child who is exempt from the requirements of compulsory school 
attendance as of August 31, 2005, is governed by the law as it 
existed on August 31, 2005, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.