83R9626 JSL-F
By: Villarreal H.B. No. 2872
A BILL TO BE ENTITLED
AN ACT
relating to the number of student absences that constitute a
failure to attend school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.094, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) An individual commits an offense if the individual:
(1) is 12 years of age or older and younger than 18
years of age;
(2) is required to attend school under Section 25.085;
and
(3) is absent from [fails to attend] school for the
amount of time specified under Subsection (a-1) [on 10 or more days
or parts of days within a six-month period in the same school year
or on three or more days or parts of days within a four-week
period].
(a-1) For purposes of Subsection (a), a student may not be
absent from school:
(1) except as provided by Subdivision (2), on five or
more days or parts of days within a semester; or
(2) if the student attends a school operating on a
year-round system under Section 25.084, on 10 or more days or parts
of days within a six-month period in the same school year, or on
three or more days or parts of days within a four-week period.
SECTION 2. Sections 25.095(a) and (b), Education Code, are
amended to read as follows:
(a) A school district or open-enrollment charter school
shall notify a student's parent in writing at the beginning of the
school year that if the student is absent from school on five or
more days or parts of days within a semester, or if the student
attends a school operating on a year-round system under Section
25.084, on 10 or more days or parts of days within a six-month
period in the same school year or on three or more days or parts of
days within a four-week period:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to prosecution under
Section 25.094 or to referral to a juvenile court in a county with a
population of less than 100,000 for conduct that violates that
section.
(b) A school district shall notify a student's parent if the
student has been absent from school, without excuse under Section
25.087, on three days or parts of days within a semester or, if the
student attends a school operating on a year-round system under
Section 25.084, within a four-week period. The notice must:
(1) inform the parent that:
(A) it is the parent's duty to monitor the
student's school attendance and require the student to attend
school; and
(B) the parent is subject to prosecution under
Section 25.093; and
(2) request a conference between school officials and
the parent to discuss the absences.
SECTION 3. Section 25.0951, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided in Subsection (a-1), if [If] a
student is absent from [fails to attend] school without excuse for
the amount of time specified under Section 25.094(a-1) [on 10 or
more days or parts of days within a six-month period in the same
school year], a school district shall not later than January 15, if
the absences occur in the fall semester, or not later than June 15,
if the absences occur in the spring semester [within 10 school days
of the student's 10th absence]:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(a-1) If a student attending a school that operates on a
year-round system under Section 25.084 is absent from school
without excuse for the amount of time specified under Section
25.094(a-1), a school district shall take the action required under
Subsection (a) within 10 school days of the student's 10th absence.
SECTION 4. Section 51.03(b), Family Code, as amended by
Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended to
read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child from school for the amount
of time specified under Section 25.094(a-1), Education Code [on 10
or more days or parts of days within a six-month period in the same
school year or on three or more days or parts of days within a
four-week period from school];
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305; [or]
(7) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; or
(8) [(7)] conduct that violates Section 43.261, Penal
Code.
SECTION 5. Section 25.0951(b), Education Code, is repealed.
SECTION 6. The change in law made by this Act applies only
to conduct that violates Section 25.093 or 25.094, Education Code,
as amended by this Act, that occurs on or after the effective date
of this Act. Conduct that violates Section 25.093 or 25.094,
Education Code, as amended by this Act, that occurs before the
effective date of this Act is covered by the law in effect at the
time the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, conduct occurs
before the effective date of this Act if any element of the
violation occurred before that date.
SECTION 7. This Act applies beginning with the 2013-2014
school year.
SECTION 8. 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, 2013.