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A BILL TO BE ENTITLED
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AN ACT
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relating to the prevention of truancy and the offense of failure to |
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attend school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (i), Article 45.054, Code of Criminal |
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Procedure, is amended to read as follows: |
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(i) A county, justice, or municipal court shall dismiss the |
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complaint against an individual alleging that the individual |
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committed an offense under Section 25.094, Education Code, if: |
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(1) the court finds that the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under this article; or |
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(2) the individual presents to the court proof that |
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the individual has obtained a high school diploma or a high school |
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equivalency certificate after taking a high school equivalency |
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examination administered under Section 7.111, Education Code. |
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SECTION 2. Subsection (e), Article 45.055, Code of Criminal |
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Procedure, is amended to read as follows: |
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(e) A court shall expunge an individual's conviction under |
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Section 25.094, Education Code, and records relating to a |
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conviction, regardless of whether the individual has previously |
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been convicted of an offense under that section, if: |
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(1) the court finds that the individual has |
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successfully complied with the conditions imposed on the individual |
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by the court under Article 45.054; or |
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(2) before the individual's 21st birthday, the |
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individual presents to the court proof that the individual has |
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obtained a high school diploma or a high school equivalency |
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certificate after taking a high school equivalency examination |
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administered under Section 7.111, Education Code. |
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SECTION 3. Article 45.056, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), [On approval of
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the commissioners court, city council, school district board of
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trustees, juvenile board, or other appropriate authority,] a county |
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court, justice court, municipal court, school district, or juvenile |
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probation department shall[, or other appropriate governmental
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entity may:
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[(1)] employ a case manager or agree, in accordance |
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with Chapter 791, Government Code, with any entity listed in this |
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subsection or another appropriate governmental entity to jointly |
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employ a case manager to provide services in cases involving: |
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(1) a juvenile offender who is [offenders] before a |
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court consistent with the court's statutory powers; or |
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(2) a student, before the student is referred to a |
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court for a violation of Section 25.094, Education Code, who is |
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referred to the case manager by a school administrator or designee |
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for intervention services because the student is considered at risk |
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of dropping out of school, if the student and the student's parent |
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or guardian consent to the referral to the [agree in accordance with
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Chapter 791, Government Code, to jointly employ a] case manager. |
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(a-1) A school district that has selected an attendance |
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officer under Section 25.088, Education Code, is not required to |
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employ a case manager. |
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SECTION 4. Subsection (a), Section 25.087, Education Code, |
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is amended to read as follows: |
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(a) A person required to attend school[, including a person
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required to attend school under Section 25.085(e),] may be excused |
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for temporary absence resulting from any cause acceptable to the |
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teacher, principal, or superintendent of the school in which the |
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person is enrolled. |
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SECTION 5. Section 25.0915, Education Code, is amended to |
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read as follows: |
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Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL AND |
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FILING REQUIREMENT. (a) A school district shall adopt truancy |
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prevention measures designed to: |
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(1) address student conduct related to truancy in the |
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school setting before the student violates Section 25.094; |
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(2) minimize the need for referrals to juvenile court |
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for conduct described by Section 51.03(b)(2), Family Code; and |
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(3) minimize the filing of complaints in county, |
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justice, and municipal courts alleging a violation of Section |
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25.094. |
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(b) As a truancy prevention measure under Subsection (a), a |
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school district shall: |
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(1) issue a warning letter to the student and the |
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student's parent or guardian that states the number of absences of |
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the student and explains the consequences if the student has |
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additional absences; |
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(2) impose: |
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(A) a behavior contract on the student that must |
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be signed by the student, the student's parent or guardian, and an |
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employee of the school and that includes: |
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(i) a specific description of the behavior |
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that is required or prohibited for the student; |
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(ii) the period for which the contract will |
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be effective, not to exceed 45 school days after the date the |
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contract becomes effective; and |
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(iii) the penalties for additional |
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absences, including additional disciplinary action or the referral |
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of the student to a juvenile court; and |
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(B) school-based community service; or |
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(3) refer the student to counseling, community-based |
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services, or other in-school or out-of-school services aimed at |
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addressing the student's truancy. |
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(c) A referral made under Subsection (b)(3) may include |
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participation by the child's parent or guardian if necessary. |
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(d) Each referral to juvenile court for conduct described by |
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Section 51.03(b)(2), Family Code, or complaint filed in county, |
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justice, or municipal court alleging a violation by a student of |
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Section 25.094 must: |
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(1) be accompanied by a statement from the student's |
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school certifying that: |
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(A) the school applied the truancy prevention |
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measures adopted under Subsection (a) to the student; and |
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(B) the truancy prevention measures failed to |
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meaningfully address the student's school attendance; and |
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(2) specify whether the student is eligible for or |
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receives special education services under Subchapter A, Chapter 29. |
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SECTION 6. Subsection (e), Section 25.094, Education Code, |
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is amended to read as follows: |
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(e) An offense under this section is a Class C misdemeanor |
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punishable by a fine not to exceed $100. |
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SECTION 7. Subsections (a) and (b), Section 25.0951, |
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Education Code, are amended to read as follows: |
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(a) If a student fails to attend school without excuse 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, a school district shall within 10 school days of the |
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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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(b) If a student fails to attend school without excuse on |
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three or more days or parts of days within a four-week period but |
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does not fail to attend school for the time described by Subsection |
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(a), the school district may: |
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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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SECTION 8. Subsections (e) and (f), Section 25.085, |
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Education Code, are repealed. |
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SECTION 9. The changes in law made by this Act apply only to |
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conduct violating Section 25.094, Education Code, on or after the |
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effective date of this Act. A violation that occurs before the |
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effective date of this Act is covered by the law in effect when the |
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violation occurred, and the former law is continued in effect for |
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that purpose. For purposes of this section, a violation occurs |
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before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 10. This Act takes effect September 1, 2013. |
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