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A BILL TO BE ENTITLED
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AN ACT
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relating to mandatory kindergarten attendance in public schools. |
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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 on September 1 of the school |
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year, or who is younger than five [six] years of age on September 1 |
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of the school year 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 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 3. Sections 42.003(a) and (d), Education Code, are |
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amended to read as follows: |
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(a) A student is entitled to the benefits of the Foundation |
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School Program if, on September 1 of the school year, the student: |
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(1) is enrolled in kindergarten or is 5 years of age or |
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older and under 21 years of age and has not graduated from high |
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school;[,] or |
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(2) is at least 21 years of age and under 26 years of |
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age and has been admitted by a school district to complete the |
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requirements for a high school diploma. |
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(d) Notwithstanding Subsection (a), a student younger than |
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five years of age on September 1 of the school year who is not |
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otherwise [is] entitled to the benefits of the Foundation School |
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Program is entitled to the benefits of the program if: |
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(1) the student performs satisfactorily on the |
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assessment instrument administered under Section 39.023(a) to |
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students in the third grade; and |
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(2) the district has adopted a policy for admitting |
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students younger than five years of age. |
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SECTION 4. Sections 25.085(c) and 42.003(c), Education |
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Code, are repealed. |
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SECTION 5. This Act applies beginning with the 2009-2010 |
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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, 2009. |