79R4158 CAS-D
By: West, Royce S.B. No. 1300
A BILL TO BE ENTITLED
AN ACT
relating to an excused absence from a public institution of higher
education for a person called to active military service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9111 to read as follows:
Sec. 51.9111. EXCUSED ABSENCE FOR ACTIVE MILITARY SERVICE.
(a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Active military service" includes active
military service performed by a member of the Texas National Guard.
(b) This section applies only if:
(1) a student enrolled in an institution of higher
education fails to attend classes or engage in other required
activities because the student is called to active military service
that is of a reasonably brief duration, as determined by rule
adopted under Subsection (d); and
(2) the student chooses not to withdraw as authorized
by Section 54.006(f).
(c) An institution of higher education shall excuse a
student from attending classes or engaging in other required
activities, including examinations, in order for the student to
participate in active military service to which the student is
called, including travel associated with the service. A student
whose absence is excused under this subsection may not be penalized
for that absence and shall be allowed to complete an assignment or
take an examination from which the student is excused within a
reasonable time after the absence. An instructor may appropriately
respond if the student fails to satisfactorily complete the
assignment or examination within a reasonable time after the
absence.
(d) The Texas Higher Education Coordinating Board shall
adopt rules as necessary to administer this section. The rules must
establish a maximum period for which a student may be excused under
this section. In establishing that period, the board shall
consider the maximum period a student may be absent without
significantly interfering with the student's ability to learn the
course material, complete course assignments, and succeed
academically during the applicable semester or other academic
period.
SECTION 2. (a) This Act applies beginning with the 2005
fall semester.
(b) The Texas Higher Education Coordinating Board shall
adopt rules for administering Section 51.9111, Education Code, as
added by this Act, as soon as practicable after this Act takes
effect. For that purpose, the coordinating board may adopt the
initial rules in the manner provided by law for adoption of
emergency rules.
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, 2005.