83R9626 JSL-F

By: Villarreal H.B. No. 2872

A BILL TO BE ENTITLED

AN ACT

relating to the number of student absences that constitute a failure to attend school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.094, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) An individual commits an offense if the individual:

(1) is 12 years of age or older and younger than 18 years of age;

(2) is required to attend school under Section 25.085; and

(3) is absent from [fails to attend] school for the amount of time specified under Subsection (a-1) [on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period].

(a-1) For purposes of Subsection (a), a student may not be absent from school:

(1) except as provided by Subdivision (2), on five or more days or parts of days within a semester; or

(2) if the student attends a school operating on a year-round system under Section 25.084, on 10 or more days or parts of days within a six-month period in the same school year, or on three or more days or parts of days within a four-week period.

SECTION 2. Sections 25.095(a) and (b), Education Code, are amended to read as follows:

(a) A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on five or more days or parts of days within a semester, or if the student attends a school operating on a year-round system under Section 25.084, on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period:

(1) the student's parent is subject to prosecution under Section 25.093; and

(2) the student is subject to prosecution under Section 25.094 or to referral to a juvenile court in a county with a population of less than 100,000 for conduct that violates that section.

(b) A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a semester or, if the student attends a school operating on a year-round system under Section 25.084, within a four-week period. The notice must:

(1) inform the parent that:

(A) it is the parent's duty to monitor the student's school attendance and require the student to attend school; and

(B) the parent is subject to prosecution under Section 25.093; and

(2) request a conference between school officials and the parent to discuss the absences.

SECTION 3. Section 25.0951, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided in Subsection (a-1), if [If] a student is absent from [fails to attend] school without excuse for the amount of time specified under Section 25.094(a-1) [on 10 or more days or parts of days within a six-month period in the same school year], a school district shall not later than January 15, if the absences occur in the fall semester, or not later than June 15, if the absences occur in the spring semester [within 10 school days of the student's 10th absence]:

(1) file a complaint against the student or the student's parent or both in a county, justice, or municipal court for an offense under Section 25.093 or 25.094, as appropriate, or refer the student to a juvenile court in a county with a population of less than 100,000 for conduct that violates Section 25.094; or

(2) refer the student to a juvenile court for conduct indicating a need for supervision under Section 51.03(b)(2), Family Code.

(a-1) If a student attending a school that operates on a year-round system under Section 25.084 is absent from school without excuse for the amount of time specified under Section 25.094(a-1), a school district shall take the action required under Subsection (a) within 10 school days of the student's 10th absence.

SECTION 4. Section 51.03(b), Family Code, as amended by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

(b) Conduct indicating a need for supervision is:

(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B) the penal ordinances of any political subdivision of this state;

(2) the absence of a child from school for the amount of time specified under Section 25.094(a-1), Education Code [on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school];

(3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;

(5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;

(6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305; [or]

(7) notwithstanding Subsection (a)(1), conduct described by Section 43.02(a)(1) or (2), Penal Code; or

(8) [(7)] conduct that violates Section 43.261, Penal Code.

SECTION 5. Section 25.0951(b), Education Code, is repealed.

SECTION 6. The change in law made by this Act applies only to conduct that violates Section 25.093 or 25.094, Education Code, as amended by this Act, that occurs on or after the effective date of this Act. Conduct that violates Section 25.093 or 25.094, Education Code, as amended by this Act, that occurs before the effective date of this Act is covered by the law in effect at the time the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, conduct occurs before the effective date of this Act if any element of the violation occurred before that date.

SECTION 7. This Act applies beginning with the 2013-2014 school year.

SECTION 8. 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, 2013.