87R4739 MLH-D

By: Rosenthal H.B. No. 699

A BILL TO BE ENTITLED

AN ACT

relating to public school attendance and promotion requirements for students diagnosed with or undergoing related treatment for severe or life-threatening illnesses.

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

SECTION 1. Section 25.087(b), Education Code, is amended to read as follows:

(b) A school district shall excuse a student from attending school for:

(1) the following purposes, including travel for those purposes:

(A) observing religious holy days;

(B) attending a required court appearance;

(C) appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship;

(D) taking part in a United States naturalization oath ceremony;

(E) serving as an election clerk; or

(F) if the student is in the conservatorship of the Department of Family and Protective Services, participating, as determined and documented by the department, in an activity:

(i) ordered by a court under Chapter 262 or 263, Family Code, provided that it is not practicable to schedule the participation outside of school hours; or

(ii) required under a service plan under Subchapter B, Chapter 263, Family Code; [or]

(2) a temporary absence resulting from an appointment with health care professionals for the student or the student's child if the student commences classes or returns to school on the same day of the appointment; or

(3) an absence resulting from a serious or life-threatening illness or related treatment that makes the student's attendance infeasible, if the student or the student's parent or guardian provides a certification from a qualified physician specifying the student's illness and the anticipated period of the student's absence relating to the illness or related treatment.

SECTION 2. Section 25.0915(a-3), Education Code, is amended to read as follows:

(a-3) A school district shall offer additional counseling to a student and may not refer the student to truancy court under this section, Section 25.0951, or any other provision if the school determines that the student's truancy is the result of:

(1) pregnancy;

(2) being in the state foster program;

(3) homelessness; [or]

(4) severe or life-threatening illness or related treatment; or

(5) being the principal income earner for the student's family.

SECTION 3. Section 25.092, Education Code, is amended by adding Subsection (a-3) to read as follows:

(a-3) A student's excused absence under Section 25.087(b)(3) may not be considered in determining whether the student has satisfied the attendance requirement under Subsection (a) or (a-1).

SECTION 4. Section 28.021, Education Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) Notwithstanding Subsection (a), a student may not be denied promotion if the school district determines that the student failed to meet the requirements for advancement under this section due primarily to circumstances that resulted from a serious or life-threatening illness or related treatment that qualifies the student for an excused absence under Section 25.087(b)(3).

SECTION 5. Section 28.0211, Education Code, is amended by adding Subsection (q) to read as follows:

(q) Notwithstanding any other provision of this section, a student may not be denied promotion if the school district determines that the student failed to perform satisfactorily on an assessment instrument specified under Subsection (a) due primarily to circumstances that resulted from a serious or life-threatening illness or related treatment that qualifies the student for an excused absence under Section 25.087(b)(3).

SECTION 6. This Act applies beginning with the 2021-2022 school year.

SECTION 7. 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, 2021.