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A BILL TO BE ENTITLED
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AN ACT
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relating to the compulsory school attendance age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.085(b), Education Code, is amended to |
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read as follows: |
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(b) Unless specifically exempted by Section 25.086, a child |
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who is at least five [six] years of age, or who is younger than five |
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[six] years of age and has previously been enrolled in |
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prekindergarten or kindergarten [first grade], and who has not yet |
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reached the child's 18th birthday shall attend school. |
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SECTION 2. 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) has been granted a waiver by a school district as |
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provided by Section 25.0861; or |
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(13) [(10)] is specifically exempted under another law. |
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SECTION 3. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.0861 to read as follows: |
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Sec. 25.0861. WAIVER FROM COMPULSORY SCHOOL ATTENDANCE: |
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KINDERGARTEN. (a) A school district shall grant a child a waiver |
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from the required attendance under Section 25.085 if: |
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(1) the child: |
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(A) is younger than six years of age; and |
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(B) has not been previously enrolled in |
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prekindergarten or kindergarten; and |
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(2) the child's parent, guardian, conservator, or |
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other person having lawful control over the child submits an |
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application for a waiver. |
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(b) The commissioner shall adopt rules to provide a simple |
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procedure for the parent, guardian, conservator, or other person |
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having lawful control over a child described by this section to |
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apply to the appropriate school district for a waiver from the |
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required attendance under Section 25.085. |
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SECTION 4. Section 29.009, Education Code, is amended to |
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read as follows: |
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Sec. 29.009. PUBLIC NOTICE CONCERNING PRESCHOOL PROGRAMS |
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FOR STUDENTS WITH DISABILITIES. Each school district shall develop |
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a system to notify the population in the district with children who |
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are at least three years of age but younger than five [six] years of |
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age and who are eligible for enrollment in a special education |
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program of the availability of the program. |
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SECTION 5. Sections 25.085(c) and 42.003(c), Education |
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Code, are repealed. |
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SECTION 6. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 7. 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. |