81R292 PAM-D
By: Raymond H.B. No. 316
A BILL TO BE ENTITLED
AN ACT
relating to mandatory kindergarten attendance in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.085(b), Education Code, is amended to
read as follows:
(b) Unless specifically exempted by Section 25.086, a child
who is at least five [six] years of age on September 1 of the school
year, or who is younger than five [six] years of age on September 1
of the school year and has previously been enrolled in
prekindergarten or kindergarten [first grade], and who has not yet
reached the child's 18th birthday shall attend school.
SECTION 2. Section 29.009, Education Code, is amended to
read as follows:
Sec. 29.009. PUBLIC NOTICE CONCERNING PRESCHOOL PROGRAMS
FOR STUDENTS WITH DISABILITIES. Each school district shall develop
a system to notify the population in the district with children who
are at least three years of age but younger than five [six] years of
age and who are eligible for enrollment in a special education
program of the availability of the program.
SECTION 3. Sections 42.003(a) and (d), Education Code, are
amended to read as follows:
(a) A student is entitled to the benefits of the Foundation
School Program if, on September 1 of the school year, the student:
(1) is enrolled in kindergarten or is 5 years of age or
older and under 21 years of age and has not graduated from high
school;[,] or
(2) is at least 21 years of age and under 26 years of
age and has been admitted by a school district to complete the
requirements for a high school diploma.
(d) Notwithstanding Subsection (a), a student younger than
five years of age on September 1 of the school year who is not
otherwise [is] entitled to the benefits of the Foundation School
Program is entitled to the benefits of the program if:
(1) the student performs satisfactorily on the
assessment instrument administered under Section 39.023(a) to
students in the third grade; and
(2) the district has adopted a policy for admitting
students younger than five years of age.
SECTION 4. Sections 25.085(c) and 42.003(c), Education
Code, are repealed.
SECTION 5. This Act applies beginning with the 2009-2010
school year.
SECTION 6. 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, 2009.