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A BILL TO BE ENTITLED
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AN ACT
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relating to public school interventions and procedures for truancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.088, Education Code, is amended to |
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read as follows: |
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Sec. 25.088. STUDENT [SCHOOL] ATTENDANCE ENHANCEMENT |
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FACILITATOR [OFFICER]. Each school district must employ at least |
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one student attendance enhancement facilitator. The student |
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[school] attendance enhancement facilitator [officer] may be |
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selected by: |
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(1) the county school trustees of any county; |
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(2) the board of trustees of any school district or the |
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boards of trustees of two or more school districts jointly; or |
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(3) the governing body of an open-enrollment charter |
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school. |
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SECTION 2. Section 25.089, Education Code, is amended to |
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read as follows: |
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Sec. 25.089. COMPENSATION OF STUDENT ATTENDANCE |
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ENHANCEMENT FACILITATOR [OFFICER]; DUAL SERVICE NOT PERMITTED. (a) |
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A student [An] attendance enhancement facilitator [officer] may be |
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compensated from the funds of the county, independent school |
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district, or open-enrollment charter school, as applicable. |
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(b) A student [An] attendance enhancement facilitator |
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[officer] may not be the probation officer or an officer of the |
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juvenile court of the county. |
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SECTION 3. The heading to Section 25.091, Education Code, |
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is amended to read as follows: |
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Sec. 25.091. POWERS AND DUTIES OF STUDENT [PEACE OFFICERS
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AND OTHER] ATTENDANCE ENHANCEMENT FACILITATORS AND PEACE OFFICERS. |
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SECTION 4. Section 25.091(b), Education Code, is amended to |
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read as follows: |
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(b) A student [An] attendance enhancement facilitator |
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[officer] employed by a school district [who is not commissioned as
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a peace officer] has the following powers and duties with respect to |
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enforcement of compulsory school attendance requirements: |
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(1) to investigate each case of a violation of the |
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compulsory school attendance requirements referred to the student |
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attendance enhancement facilitator [officer]; |
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(2) to enforce compulsory school attendance |
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requirements by: |
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(A) applying the truancy intervention procedures |
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[prevention measures adopted] under Section 25.0918 [25.0915] to |
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the student; and |
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(B) if the truancy intervention procedures |
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[prevention measures] fail to meaningfully address the student's |
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conduct, and the student has unexcused absences for the amount of |
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time specified under Section 25.094 of this code or under Section |
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51.03(b)(2), Family Code: |
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(i) referring the student to a juvenile |
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court or filing a complaint against the student in a county, |
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justice, or municipal court [if the student has unexcused absences
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for the amount of time specified under Section 25.094 or under
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Section 51.03(b)(2), Family Code]; and |
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(ii) filing a complaint in a county, |
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justice, or municipal court against a parent who violates Section |
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25.093; |
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(3) to monitor school attendance compliance by each |
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student investigated by the student attendance enhancement |
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facilitator [officer]; |
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(4) to maintain an investigative record on each |
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compulsory school attendance requirement violation and related |
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court action and, at the request of a court, the board of trustees |
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of a school district, or the commissioner, to provide a record to |
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the individual or entity requesting the record; |
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(5) to make a home visit or otherwise contact the |
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parent of a student who is in violation of compulsory school |
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attendance requirements, except that the student attendance |
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enhancement facilitator [officer] may not enter a residence without |
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permission of the parent or of the owner or tenant of the residence; |
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(6) at the request of a parent, to escort a student |
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from any location to a school campus to ensure the student's |
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compliance with compulsory school attendance requirements; and |
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(7) if the student attendance enhancement facilitator |
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[officer] has or is informed of a court-ordered legal process |
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directing that a student be taken into custody and the school |
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district employing the facilitator [officer] does not employ its |
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own police department, to contact the sheriff, constable, or any |
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peace officer to request that the student be taken into custody and |
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processed according to the legal process. |
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SECTION 5. The heading to Section 25.0915, Education Code, |
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is amended to read as follows: |
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Sec. 25.0915. [TRUANCY PREVENTION MEASURES;] REFERRAL AND |
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FILING REQUIREMENT FOR TRUANCY CASES. |
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SECTION 6. Sections 25.0915(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) 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 |
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attendance enhancement facilitator for the student's school |
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district certifying that: |
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(A) the school applied the truancy intervention |
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procedures [prevention measures adopted] under Section 25.0918 |
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[Subsection (a)] to the student; and |
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(B) the truancy intervention procedures |
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[prevention measures] failed to meaningfully address the student's |
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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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(c) A court shall dismiss a complaint or referral made by |
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the student attendance enhancement facilitator for a school |
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district under this section that is not made in compliance with |
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Subsection (b). |
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SECTION 7. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.0918 to read as follows: |
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Sec. 25.0918. TRUANCY INTERVENTION PROCEDURES. (a) The |
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student attendance enhancement facilitator for a school district |
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shall apply the truancy intervention procedures under this section |
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to students with unexcused absences to: |
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(1) address student conduct related to truancy in the |
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school setting; |
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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) Following a student's first unexcused absence, the |
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student attendance enhancement facilitator shall contact the |
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student's parent, either in person or by mail, telephone, |
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electronic mail or any other form of electronic communication, and |
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inform the parent of the student's unexcused absence. |
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(c) Following a student's second unexcused absence, the |
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student attendance enhancement facilitator shall: |
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(1) contact the student's parent by telephone, state |
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that the person is the district's student attendance enhancement |
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facilitator, and discuss the following: |
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(A) that the student has accumulated two |
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unexcused absences from school; |
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(B) the importance of school attendance in |
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relation to academic achievement and the student's future; |
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(C) any impediments to the child's attendance in |
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school; and |
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(D) potential solutions that may prevent future |
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unexcused absences by the student; |
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(2) send a record of the telephone discussion, and any |
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data gathered during the telephone discussion, to the school |
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counselor assigned to the student; and |
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(3) in collaboration with the school counselor |
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assigned to the student, conduct an assessment of the student, |
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including: |
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(A) an evaluation of the student's past and |
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current academic achievement; |
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(B) whether the student is currently receiving |
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special education services; |
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(C) a discussion with the student's teachers |
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regarding the student's classroom conduct and daily academic |
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progress; and |
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(D) a meeting with the student to discuss any |
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reasons underlying the student's unexcused absences, and any |
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potential remedies to prevent further unexcused absences. |
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(d) Following a student's third unexcused absence, the |
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student attendance enhancement facilitator shall: |
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(1) conduct a conference with the student, the |
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student's parent, and any school employees that the facilitator |
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considers appropriate; and |
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(2) following the conference, create an immediate |
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student attendance plan, which includes: |
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(A) specific actions for the student, the |
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student's parent, and school employees to take that will promote |
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school attendance and academic achievement for the student; and |
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(B) additional actions to be taken by the |
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student, the student's parent, school employees, or the facilitator |
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following each additional unexcused absence accumulated by the |
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student, including outreach to appropriate social services and |
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nonprofit entities. |
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(e) In this section, "parent" includes a person standing in |
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parental relation. |
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SECTION 8. Sections 25.094(a) and (c), Education Code, are |
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amended to read as 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) fails to attend school 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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(c) On a finding by the county, justice, or municipal court |
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that the individual has committed an offense under Subsection (a) |
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or on a finding by a juvenile court in a county with a population of |
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less than 100,000 that the individual has engaged in conduct that |
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violates Subsection (a), the court shall [may] enter an order that |
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includes at least one [or more] of the requirements listed in |
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Article 45.054, Code of Criminal Procedure[, as added by Chapter
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1514, Acts of the 77th Legislature, Regular Session, 2001]. The |
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court may not order the individual to pay a fine for an offense |
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committed under Subsection (a) or for conduct that violates |
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Subsection (a). |
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SECTION 9. Sections 25.095(a) and (c), 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 10 or more |
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days or parts of days within a six-month period in the same school |
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year [or on three or more days or parts of days within a four-week
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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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(c) The fact that a parent did not receive a notice under |
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Subsection (a) or Section 25.0918 [(b)] does not create a defense to |
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prosecution under Section 25.093 or 25.094. |
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SECTION 10. The heading to Section 25.0951, Education Code, |
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is amended to read as follows: |
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Sec. 25.0951. [SCHOOL DISTRICT] COMPLAINT OR REFERRAL BY |
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STUDENT ATTENDANCE ENHANCEMENT FACILITATOR FOR FAILURE TO ATTEND |
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SCHOOL. |
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SECTION 11. Sections 25.0951(a) and (d), Education Code, |
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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, the student attendance enhancement facilitator for a |
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school district shall within 10 school days of the student's 10th |
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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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(d) A court shall dismiss a complaint or referral made by |
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the student attendance enhancement facilitator for a school |
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district under this section that is not made in compliance with this |
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section. |
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SECTION 12. Section 51.03(b), Family Code, is 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 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 from
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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; |
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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) notwithstanding Subsection (a)(1), conduct that |
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violates Section 43.261, Penal Code. |
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SECTION 13. Sections 25.090, 25.091(a), 25.0915(a), |
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25.094(d), 25.095(b), and 25.0951(b), Education Code, are |
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repealed. |
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SECTION 14. The changes in law made by this Act apply only |
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to an offense committed or conduct that occurs on or after the |
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effective date of this Act. An offense committed or conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the offense was committed or the conduct |
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occurred and the former law is continued in effect for that purpose. |
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For purposes of this section, an offense is committed or conduct |
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occurs before the effective date of this Act if any element of the |
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offense or conduct occurs before the effective date. |
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SECTION 15. This Act takes effect September 1, 2015. |