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A BILL TO BE ENTITLED
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AN ACT
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relating to the calculation of absences for truancy purposes and to |
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attendance at truancy court adjudication hearings by certain |
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parents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.0865 to read as follows: |
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Sec. 25.0865. CALCULATION OF ABSENCES FOR TRUANCY PURPOSES. |
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(a) For purposes of calculating absences for truancy, a student in |
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any grade level from kindergarten through grade 12 who is required |
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to attend school under Section 25.085 may not be considered absent |
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for: |
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(1) a class if the student is in attendance for at |
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least 75 percent of the class; or |
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(2) an instructional day if the student is in |
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attendance for at least 75 percent of the day. |
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(b) A student may be considered absent for a day or a part of |
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a day if the student is in attendance for less than 75 percent of the |
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day. |
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(c) The board of trustees of each school district and the |
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governing board of each open-enrollment charter school shall adopt |
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and enforce a policy implementing this section. |
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SECTION 2. Section 25.095(a), Education Code, is amended to |
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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: |
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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 referral to a truancy |
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court for truant conduct under Section 65.003(a), Family Code. |
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SECTION 3. Section 25.0951(a), Education Code, is amended |
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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 |
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same school year, a school district shall within 10 school days of |
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the student's 10th absence refer the student to a truancy court for |
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truant conduct under Section 65.003(a), Family Code. |
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SECTION 4. Section 65.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child engages in truant conduct if the child is |
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required to attend school under Section 25.085, Education Code, and |
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fails to attend school on 10 or more days [or parts of days] within a |
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six-month period in the same school year. |
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SECTION 5. Section 65.062(c), Family Code, is amended to |
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read as follows: |
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(c) Subsection (b) does not apply to: |
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(1) a person for whom, for good cause shown, the court |
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excuses attendance; |
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(2) a person who is not a resident of this state; [or] |
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(3) a parent of a child for whom a managing conservator |
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has been appointed and the parent is not a conservator of the child; |
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or |
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(4) a parent or legal guardian of a child who: |
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(A) is 18 years of age or older; and |
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(B) does not reside with the parent or legal |
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guardian. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2017-2018 school year. |
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(b) Section 65.062(c), Family Code, as amended by this Act, |
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applies only to an adjudication hearing relating to conduct that |
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occurs on or after the effective date of this Act. An adjudication |
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hearing relating to conduct that occurred before the effective date |
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of this Act is governed by the law in effect on the date the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. 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, 2017. |