80R2853 CAE-D
 
  By: Madden H.B. No. 531
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain high school students to take
the high school equivalency examination.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 37.008, Education Code, is amended by
adding Subsection (l-1) to read as follows:
       (l-1) A school district shall recommend that a student
placed in a disciplinary alternative education program take the
high school equivalency examination if:
             (1)  the student is not likely to receive a high school
diploma before the sixth school year following the student's
enrollment in grade nine, as determined by the school district;
             (2)  the student is at least 16 years of age; and
             (3)  the student's parent or guardian consents to the
student taking the high school equivalency examination.
       SECTION 2.  Section 37.011, Education Code, is amended by
adding Subsection (d-1) to read as follows:
       (d-1) The juvenile board or the board's designee shall
recommend that a student placed in a juvenile justice alternative
education program participate in the high school equivalency
program offered by the juvenile justice alternative education
program if:
             (1)  the student is not likely to receive a high school
diploma before the sixth school year following the student's
enrollment in grade nine, as determined by the board or the board's
designee;
             (2)  the student is at least 16 years of age; and
             (3)  the student's parent or guardian consents to the
student participating in the high school equivalency program.
       SECTION 3.  Section 7.111(a), Education Code, is amended to
read as follows:
       (a)  The board shall provide for the administration of high
school equivalency examinations, including administration by the
adjutant general's department for students described by
Subdivision (2)(C). A person who does not have a high school
diploma may take the examination in accordance with rules adopted
by the board if the person is:
             (1)  over 17 years of age;
             (2)  16 years of age or older and:
                   (A)  is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.)[, and its subsequent amendments];
                   (B)  a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; [or]
                   (C)  is enrolled in the adjutant general's
department's Seaborne ChalleNGe Corps; [or]
                   (D)  a school district recommends that the person
take the examination as provided by Section 37.008(l-1); or
                   (E)  a juvenile board or the board's designee
recommends that the person take the examination as provided by
Section 37.011(d-1); or
             (3)  required to take the examination under a justice
or municipal court order issued under Article 45.054(a)(1)(C), Code
of Criminal Procedure.
       SECTION 4.  Section 25.086(a), Education Code, as amended by
Chapters 377, 887, and 1339, Acts of the 79th Legislature, Regular
Session, 2005, is reenacted and 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.);
                   [(B)  the child is enrolled in a Job Corps
training program under 29 U.S.C. Section 2881 et seq.;]
             (7)  is at least 16 years of age and is enrolled in a
high school diploma program under Chapter 18;
             (8) [(7)]  is enrolled in the Texas Academy of
Mathematics and Science under Subchapter G, Chapter 105;
             (9) [(8)]  is enrolled in the Texas Academy of
Leadership in the Humanities;
             (10) [(9)]  is enrolled in the Texas Academy of
Mathematics and Science at The University of Texas at Brownsville;
             (11) [(9)]  is enrolled in the Texas Academy of
International Studies;
             (12)  is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination or has been issued a high school equivalency
examination, if the child is recommended to take the high school
equivalency examination by a school district under Section
37.008(l-1) or a juvenile board or the board's designee under
Section 37.011(d-1); or
             (13)  [(10)] is specifically exempted under another
law.
       SECTION 5.  This Act applies beginning with the 2007-2008
school year.
       SECTION 6.  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, 2007.