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AN ACT
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relating to allowing parents and guardians to elect for a student to |
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repeat or retake a course or grade. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.02124, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Subject to Subsection (c), a parent or guardian may |
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elect for a student to: |
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(1) repeat prekindergarten; |
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(2) enroll in prekindergarten, if the student would |
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have been eligible to enroll in prekindergarten during the previous |
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school year under Section 29.153(b) and the student has not yet |
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enrolled in kindergarten; |
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(3) repeat kindergarten; |
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(4) enroll in kindergarten, if the student would have |
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been eligible to enroll in kindergarten in the previous school year |
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and has not yet enrolled in first grade; or |
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(5) for grades one through eight [three], repeat the |
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grade in which the student was enrolled during the previous school |
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year. |
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(a-1) Subject to Subsection (c), for courses taken for high |
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school credit, a parent or guardian may elect for a student to |
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repeat any course in which the student was enrolled in during the |
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previous school year. A parent or guardian may not elect for a |
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student to repeat a course under this subsection if the school |
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district or open-enrollment charter school determines the student |
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has met all of the requirements for graduation. |
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(a-2) A parent or guardian may make an election under |
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Subsection (a)(5) or (a-1), or both. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3803 was passed by the House on April |
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27, 2023, by the following vote: Yeas 146, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3803 was passed by the Senate on May |
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16, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |