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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of student absences that constitute a |
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failure to attend school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.094, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) An individual commits an offense if the individual: |
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(1) is 12 years of age or older and younger than 18 |
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years of age; |
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(2) is required to attend school under Section 25.085; |
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and |
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(3) is absent from [fails to attend] school for the |
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amount of time specified under Subsection (a-1) [on 10 or more days
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or parts of days within a six-month period in the same school year
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or on three or more days or parts of days within a four-week
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period]. |
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(a-1) For purposes of Subsection (a), a student may not be |
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absent from school: |
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(1) except as provided by Subdivision (2), on five or |
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more days or parts of days within a semester; or |
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(2) if the student attends a school operating on a |
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year-round system under Section 25.084, on 10 or more days or parts |
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of days within a six-month period in the same school year, or on |
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three or more days or parts of days within a four-week period. |
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SECTION 2. Sections 25.095(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A school district or open-enrollment charter school |
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shall notify a student's parent in writing at the beginning of the |
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school year that if the student is absent from school on five or |
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more days or parts of days within a semester, or if the student |
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attends a school operating on a year-round system under Section |
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25.084, on 10 or more days or parts of days within a six-month |
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period in the same school year or on three or more days or parts of |
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days within a four-week period: |
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(1) the student's parent is subject to prosecution |
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under Section 25.093; and |
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(2) the student is subject to prosecution under |
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Section 25.094 or to referral to a juvenile court in a county with a |
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population of less than 100,000 for conduct that violates that |
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section. |
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(b) A school district shall notify a student's parent if the |
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student has been absent from school, without excuse under Section |
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25.087, on three days or parts of days within a semester or, if the |
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student attends a school operating on a year-round system under |
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Section 25.084, within a four-week period. The notice must: |
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(1) inform the parent that: |
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(A) it is the parent's duty to monitor the |
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student's school attendance and require the student to attend |
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school; and |
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(B) the parent is subject to prosecution under |
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Section 25.093; and |
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(2) request a conference between school officials and |
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the parent to discuss the absences. |
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SECTION 3. Section 25.0951, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided in Subsection (a-1), if [If] a |
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student is absent from [fails to attend] school without excuse for |
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the amount of time specified under Section 25.094(a-1) [on 10 or
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more days or parts of days within a six-month period in the same
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school year], a school district shall not later than January 15, if |
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the absences occur in the fall semester, or not later than June 15, |
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if the absences occur in the spring semester [within 10 school days
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of the student's 10th absence]: |
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(1) file a complaint against the student or the |
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student's parent or both in a county, justice, or municipal court |
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for an offense under Section 25.093 or 25.094, as appropriate, or |
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refer the student to a juvenile court in a county with a population |
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of less than 100,000 for conduct that violates Section 25.094; or |
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(2) refer the student to a juvenile court for conduct |
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indicating a need for supervision under Section 51.03(b)(2), Family |
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Code. |
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(a-1) If a student attending a school that operates on a |
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year-round system under Section 25.084 is absent from school |
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without excuse for the amount of time specified under Section |
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25.094(a-1), a school district shall take the action required under |
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Subsection (a) within 10 school days of the student's 10th absence. |
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SECTION 4. Section 51.03(b), Family Code, as amended by |
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Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the absence of a child from school for the amount |
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of time specified under Section 25.094(a-1), Education Code [on 10
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or more days or parts of days within a six-month period in the same
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school year or on three or more days or parts of days within a
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four-week period from school]; |
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(3) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(4) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(5) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; |
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(6) conduct that violates a reasonable and lawful |
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order of a court entered under Section 264.305; [or] |
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(7) notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(a)(1) or (2), Penal Code; or |
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(8) [(7)] conduct that violates Section 43.261, Penal |
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Code. |
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SECTION 5. Section 25.0951(b), Education Code, is repealed. |
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SECTION 6. The change in law made by this Act applies only |
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to conduct that violates Section 25.093 or 25.094, Education Code, |
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as amended by this Act, that occurs on or after the effective date |
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of this Act. Conduct that violates Section 25.093 or 25.094, |
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Education Code, as amended by this Act, that occurs before the |
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effective date of this Act is covered by the law in effect at the |
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time the conduct occurred, and the former law is continued in effect |
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for that purpose. For purposes of this section, conduct occurs |
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before the effective date of this Act if any element of the |
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violation occurred before that date. |
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SECTION 7. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 8. 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, 2013. |