84R7837 MK-D

By: White of Tyler H.B. No. 2397

A BILL TO BE ENTITLED

AN ACT

relating to public school interventions and procedures for truancy.

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

SECTION 1. Section 25.088, Education Code, is amended to read as follows:

Sec. 25.088. STUDENT [SCHOOL] ATTENDANCE ENHANCEMENT FACILITATOR [OFFICER]. Each school district must employ at least one student attendance enhancement facilitator. The student [school] attendance enhancement facilitator [officer] may be selected by:

(1) the county school trustees of any county;

(2) the board of trustees of any school district or the boards of trustees of two or more school districts jointly; or

(3) the governing body of an open-enrollment charter school.

SECTION 2. Section 25.089, Education Code, is amended to read as follows:

Sec. 25.089. COMPENSATION OF STUDENT ATTENDANCE ENHANCEMENT FACILITATOR [OFFICER]; DUAL SERVICE NOT PERMITTED. (a) A student [An] attendance enhancement facilitator [officer] may be compensated from the funds of the county, independent school district, or open-enrollment charter school, as applicable.

(b) A student [An] attendance enhancement facilitator [officer] may not be the probation officer or an officer of the juvenile court of the county.

SECTION 3. The heading to Section 25.091, Education Code, is amended to read as follows:

Sec. 25.091. POWERS AND DUTIES OF STUDENT [PEACE OFFICERS AND OTHER] ATTENDANCE ENHANCEMENT FACILITATORS AND PEACE OFFICERS.

SECTION 4. Section 25.091(b), Education Code, is amended to read as follows:

(b) A student [An] attendance enhancement facilitator [officer] employed by a school district [who is not commissioned as a peace officer] has the following powers and duties with respect to enforcement of compulsory school attendance requirements:

(1) to investigate each case of a violation of the compulsory school attendance requirements referred to the student attendance enhancement facilitator [officer];

(2) to enforce compulsory school attendance requirements by:

(A) applying the truancy intervention procedures [prevention measures adopted] under Section 25.0918 [25.0915] to the student; and

(B) if the truancy intervention procedures [prevention measures] fail to meaningfully address the student's conduct, and the student has unexcused absences for the amount of time specified under Section 25.094 of this code or under Section 51.03(b)(2), Family Code:

(i) referring the student to a juvenile court or filing a complaint against the student in a county, justice, or municipal court [if the student has unexcused absences for the amount of time specified under Section 25.094 or under Section 51.03(b)(2), Family Code]; and

(ii) filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;

(3) to monitor school attendance compliance by each student investigated by the student attendance enhancement facilitator [officer];

(4) to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

(5) to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the student attendance enhancement facilitator [officer] may not enter a residence without permission of the parent or of the owner or tenant of the residence;

(6) at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements; and

(7) if the student attendance enhancement facilitator [officer] has or is informed of a court-ordered legal process directing that a student be taken into custody and the school district employing the facilitator [officer] does not employ its own police department, to contact the sheriff, constable, or any peace officer to request that the student be taken into custody and processed according to the legal process.

SECTION 5. The heading to Section 25.0915, Education Code, is amended to read as follows:

Sec. 25.0915. [TRUANCY PREVENTION MEASURES;] REFERRAL AND FILING REQUIREMENT FOR TRUANCY CASES.

SECTION 6. Sections 25.0915(b) and (c), Education Code, are amended to read as follows:

(b) Each referral to juvenile court for conduct described by Section 51.03(b)(2), Family Code, or complaint filed in county, justice, or municipal court alleging a violation by a student of Section 25.094 must:

(1) be accompanied by a statement from the student attendance enhancement facilitator for the student's school district certifying that:

(A) the school applied the truancy intervention procedures [prevention measures adopted] under Section 25.0918 [Subsection (a)] to the student; and

(B) the truancy intervention procedures [prevention measures] failed to meaningfully address the student's school attendance; and

(2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29.

(c) A court shall dismiss a complaint or referral made by the student attendance enhancement facilitator for a school district under this section that is not made in compliance with Subsection (b).

SECTION 7. Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.0918 to read as follows:

Sec. 25.0918. TRUANCY INTERVENTION PROCEDURES. (a) The student attendance enhancement facilitator for a school district shall apply the truancy intervention procedures under this section to students with unexcused absences to:

(1) address student conduct related to truancy in the school setting;

(2) minimize the need for referrals to juvenile court for conduct described by Section 51.03(b)(2), Family Code; and

(3) minimize the filing of complaints in county, justice, and municipal courts alleging a violation of Section 25.094.

(b) Following a student's first unexcused absence, the student attendance enhancement facilitator shall contact the student's parent, either in person or by mail, telephone, electronic mail or any other form of electronic communication, and inform the parent of the student's unexcused absence.

(c) Following a student's second unexcused absence, the student attendance enhancement facilitator shall:

(1) contact the student's parent by telephone, state that the person is the district's student attendance enhancement facilitator, and discuss the following:

(A) that the student has accumulated two unexcused absences from school;

(B) the importance of school attendance in relation to academic achievement and the student's future;

(C) any impediments to the child's attendance in school; and

(D) potential solutions that may prevent future unexcused absences by the student;

(2) send a record of the telephone discussion, and any data gathered during the telephone discussion, to the school counselor assigned to the student; and

(3) in collaboration with the school counselor assigned to the student, conduct an assessment of the student, including:

(A) an evaluation of the student's past and current academic achievement;

(B) whether the student is currently receiving special education services;

(C) a discussion with the student's teachers regarding the student's classroom conduct and daily academic progress; and

(D) a meeting with the student to discuss any reasons underlying the student's unexcused absences, and any potential remedies to prevent further unexcused absences.

(d) Following a student's third unexcused absence, the student attendance enhancement facilitator shall:

(1) conduct a conference with the student, the student's parent, and any school employees that the facilitator considers appropriate; and

(2) following the conference, create an immediate student attendance plan, which includes:

(A) specific actions for the student, the student's parent, and school employees to take that will promote school attendance and academic achievement for the student; and

(B) additional actions to be taken by the student, the student's parent, school employees, or the facilitator following each additional unexcused absence accumulated by the student, including outreach to appropriate social services and nonprofit entities.

(e) In this section, "parent" includes a person standing in parental relation.

SECTION 8. Sections 25.094(a) and (c), Education Code, are amended 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) fails to attend school 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].

(c) On a finding by the county, justice, or municipal court that the individual has committed an offense under Subsection (a) or on a finding by a juvenile court in a county with a population of less than 100,000 that the individual has engaged in conduct that violates Subsection (a), the court shall [may] enter an order that includes at least one [or more] of the requirements listed in Article 45.054, Code of Criminal Procedure[, as added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001]. The court may not order the individual to pay a fine for an offense committed under Subsection (a) or for conduct that violates Subsection (a).

SECTION 9. Sections 25.095(a) and (c), 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 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.

(c) The fact that a parent did not receive a notice under Subsection (a) or Section 25.0918 [(b)] does not create a defense to prosecution under Section 25.093 or 25.094.

SECTION 10. The heading to Section 25.0951, Education Code, is amended to read as follows:

Sec. 25.0951. [SCHOOL DISTRICT] COMPLAINT OR REFERRAL BY STUDENT ATTENDANCE ENHANCEMENT FACILITATOR FOR FAILURE TO ATTEND SCHOOL.

SECTION 11. Sections 25.0951(a) and (d), Education Code, are amended to read as follows:

(a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, the student attendance enhancement facilitator for a school district shall 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.

(d) A court shall dismiss a complaint or referral made by the student attendance enhancement facilitator for a school district under this section that is not made in compliance with this section.

SECTION 12. Section 51.03(b), Family Code, is 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 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;

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

(8) notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code.

SECTION 13. Sections 25.090, 25.091(a), 25.0915(a), 25.094(d), 25.095(b), and 25.0951(b), Education Code, are repealed.

SECTION 14. The changes in law made by this Act apply only to an offense committed or conduct that occurs on or after the effective date of this Act. An offense committed or conduct that occurs before the effective date of this Act is governed by the law in effect on the date the offense was committed or the conduct occurred and the former law is continued in effect for that purpose. For purposes of this section, an offense is committed or conduct occurs before the effective date of this Act if any element of the offense or conduct occurs before the effective date.

SECTION 15. This Act takes effect September 1, 2015.