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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain high school students to take |
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the high school equivalency examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.008, Education Code, is amended by |
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adding Subsection (l-1) to read as follows: |
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(l-1) A school district shall recommend that a student |
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placed in a disciplinary alternative education program take the |
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high school equivalency examination if: |
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(1) the student is not likely to receive a high school |
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diploma before the sixth school year following the student's |
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enrollment in grade nine, as determined by the school district; |
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(2) the student is at least 16 years of age; and |
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(3) the student's parent or guardian consents to the |
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student taking the high school equivalency examination. |
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SECTION 2. Section 37.011, Education Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) The juvenile board or the board's designee shall |
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recommend that a student placed in a juvenile justice alternative |
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education program participate in the high school equivalency |
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program offered by the juvenile justice alternative education |
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program if: |
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(1) the student is not likely to receive a high school |
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diploma before the sixth school year following the student's |
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enrollment in grade nine, as determined by the board or the board's |
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designee; |
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(2) the student is at least 16 years of age; and |
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(3) the student's parent or guardian consents to the |
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student participating in the high school equivalency program. |
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SECTION 3. Section 7.111(a), Education Code, is amended to |
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read as follows: |
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(a) The board shall provide for the administration of high |
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school equivalency examinations, including administration by the |
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adjutant general's department for students described by |
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Subdivision (2)(C). A person who does not have a high school |
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diploma may take the examination in accordance with rules adopted |
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by the board if the person is: |
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(1) over 17 years of age; |
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(2) 16 years of age or older and: |
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(A) is enrolled in a Job Corps training program |
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under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 |
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et seq.)[, and its subsequent amendments]; |
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(B) a public agency providing supervision of the |
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person or having custody of the person under a court order |
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recommends that the person take the examination; [or] |
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(C) is enrolled in the adjutant general's |
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department's Seaborne ChalleNGe Corps; [or] |
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(D) a school district recommends that the person |
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take the examination as provided by Section 37.008(l-1); or |
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(E) a juvenile board or the board's designee |
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recommends that the person take the examination as provided by |
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Section 37.011(d-1); or |
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(3) required to take the examination under a justice |
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or municipal court order issued under Article 45.054(a)(1)(C), Code |
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of Criminal Procedure. |
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SECTION 4. Section 25.086(a), Education Code, as amended by |
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Chapters 377, 887, and 1339, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted and amended to read as follows: |
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(a) A child is exempt from the requirements of compulsory |
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school attendance if the child: |
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(1) attends a private or parochial school that |
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includes in its course a study of good citizenship; |
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(2) is eligible to participate in a school district's |
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special education program under Section 29.003 and cannot be |
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appropriately served by the resident district; |
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(3) has a physical or mental condition of a temporary |
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and remediable nature that makes the child's attendance infeasible |
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and holds a certificate from a qualified physician specifying the |
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temporary condition, indicating the treatment prescribed to remedy |
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the temporary condition, and covering the anticipated period of the |
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child's absence from school for the purpose of receiving and |
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recuperating from that remedial treatment; |
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(4) is expelled in accordance with the requirements of |
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law in a school district that does not participate in a mandatory |
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juvenile justice alternative education program under Section |
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37.011; |
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(5) is at least 17 years of age and: |
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(A) is attending a course of instruction to |
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prepare for the high school equivalency examination, and: |
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(i) has the permission of the child's parent |
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or guardian to attend the course; |
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(ii) is required by court order to attend |
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the course; |
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(iii) has established a residence separate |
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and apart from the child's parent, guardian, or other person having |
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lawful control of the child; or |
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(iv) is homeless as defined by 42 U.S.C. |
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Section 11302; or |
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(B) has received a high school diploma or high |
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school equivalency certificate; |
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(6) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination, if: |
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(A) the child is recommended to take the course |
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of instruction by a public agency that has supervision or custody of |
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the child under a court order; or |
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(B) the child is enrolled in a Job Corps training |
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program under the Workforce Investment Act of 1998 (29 U.S.C. |
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Section 2801 et seq.); |
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[(B) the child is enrolled in a Job Corps
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training program under 29 U.S.C. Section 2881 et seq.;] |
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(7) is at least 16 years of age and is enrolled in a |
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high school diploma program under Chapter 18; |
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(8) [(7)] is enrolled in the Texas Academy of |
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Mathematics and Science under Subchapter G, Chapter 105; |
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(9) [(8)] is enrolled in the Texas Academy of |
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Leadership in the Humanities; |
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(10) [(9)] is enrolled in the Texas Academy of |
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Mathematics and Science at The University of Texas at Brownsville; |
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(11) [(9)] is enrolled in the Texas Academy of |
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International Studies; |
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(12) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination or has been issued a high school equivalency |
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examination, if the child is recommended to take the high school |
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equivalency examination by a school district under Section |
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37.008(l-1) or a juvenile board or the board's designee under |
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Section 37.011(d-1); or |
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(13) [(10)] is specifically exempted under another |
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law. |
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SECTION 5. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |