Texas 2013 - 83rd Regular

Texas House Bill HB2872 Compare Versions

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1	1	83R9626 JSL-F
2	2	By: Villarreal H.B. No. 2872
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the number of student absences that constitute a
8	8	failure to attend school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.094, Education Code, is amended by
11	11	amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) An individual commits an offense if the individual:
14	14	(1) is 12 years of age or older and younger than 18
15	15	years of age;
16	16	(2) is required to attend school under Section 25.085;
17	17	and
18	18	(3) is absent from [fails to attend] school for the
19	19	amount of time specified under Subsection (a-1) [on 10 or more days
20	20	or parts of days within a six-month period in the same school year
21	21	or on three or more days or parts of days within a four-week
22	22	period].
23	23	(a-1) For purposes of Subsection (a), a student may not be
24	24	absent from school:
25	25	(1) except as provided by Subdivision (2), on five or
26	26	more days or parts of days within a semester; or
27	27	(2) if the student attends a school operating on a
28	28	year-round system under Section 25.084, on 10 or more days or parts
29	29	of days within a six-month period in the same school year, or on
30	30	three or more days or parts of days within a four-week period.
31	31	SECTION 2. Sections 25.095(a) and (b), Education Code, are
32	32	amended to read as follows:
33	33	(a) A school district or open-enrollment charter school
34	34	shall notify a student's parent in writing at the beginning of the
35	35	school year that if the student is absent from school on five or
36	36	more days or parts of days within a semester, or if the student
37	37	attends a school operating on a year-round system under Section
38	38	25.084, on 10 or more days or parts of days within a six-month
39	39	period in the same school year or on three or more days or parts of
40	40	days within a four-week period:
41	41	(1) the student's parent is subject to prosecution
42	42	under Section 25.093; and
43	43	(2) the student is subject to prosecution under
44	44	Section 25.094 or to referral to a juvenile court in a county with a
45	45	population of less than 100,000 for conduct that violates that
46	46	section.
47	47	(b) A school district shall notify a student's parent if the
48	48	student has been absent from school, without excuse under Section
49	49	25.087, on three days or parts of days within a semester or, if the
50	50	student attends a school operating on a year-round system under
51	51	Section 25.084, within a four-week period. The notice must:
52	52	(1) inform the parent that:
53	53	(A) it is the parent's duty to monitor the
54	54	student's school attendance and require the student to attend
55	55	school; and
56	56	(B) the parent is subject to prosecution under
57	57	Section 25.093; and
58	58	(2) request a conference between school officials and
59	59	the parent to discuss the absences.
60	60	SECTION 3. Section 25.0951, Education Code, is amended by
61	61	amending Subsection (a) and adding Subsection (a-1) to read as
62	62	follows:
63	63	(a) Except as provided in Subsection (a-1), if [If] a
64	64	student is absent from [fails to attend] school without excuse for
65	65	the amount of time specified under Section 25.094(a-1) [on 10 or
66	66	more days or parts of days within a six-month period in the same
67	67	school year], a school district shall not later than January 15, if
68	68	the absences occur in the fall semester, or not later than June 15,
69	69	if the absences occur in the spring semester [within 10 school days
70	70	of the student's 10th absence]:
71	71	(1) file a complaint against the student or the
72	72	student's parent or both in a county, justice, or municipal court
73	73	for an offense under Section 25.093 or 25.094, as appropriate, or
74	74	refer the student to a juvenile court in a county with a population
75	75	of less than 100,000 for conduct that violates Section 25.094; or
76	76	(2) refer the student to a juvenile court for conduct
77	77	indicating a need for supervision under Section 51.03(b)(2), Family
78	78	Code.
79	79	(a-1) If a student attending a school that operates on a
80	80	year-round system under Section 25.084 is absent from school
81	81	without excuse for the amount of time specified under Section
82	82	25.094(a-1), a school district shall take the action required under
83	83	Subsection (a) within 10 school days of the student's 10th absence.
84	84	SECTION 4. Section 51.03(b), Family Code, as amended by
85	85	Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd
86	86	Legislature, Regular Session, 2011, is reenacted and amended to
87	87	read as follows:
88	88	(b) Conduct indicating a need for supervision is:
89	89	(1) subject to Subsection (f), conduct, other than a
90	90	traffic offense, that violates:
91	91	(A) the penal laws of this state of the grade of
92	92	misdemeanor that are punishable by fine only; or
93	93	(B) the penal ordinances of any political
94	94	subdivision of this state;
95	95	(2) the absence of a child from school for the amount
96	96	of time specified under Section 25.094(a-1), Education Code [on 10
97	97	or more days or parts of days within a six-month period in the same
98	98	school year or on three or more days or parts of days within a
99	99	four-week period from school];
100	100	(3) the voluntary absence of a child from the child's
101	101	home without the consent of the child's parent or guardian for a
102	102	substantial length of time or without intent to return;
103	103	(4) conduct prohibited by city ordinance or by state
104	104	law involving the inhalation of the fumes or vapors of paint and
105	105	other protective coatings or glue and other adhesives and the
106	106	volatile chemicals itemized in Section 485.001, Health and Safety
107	107	Code;
108	108	(5) an act that violates a school district's
109	109	previously communicated written standards of student conduct for
110	110	which the child has been expelled under Section 37.007(c),
111	111	Education Code;
112	112	(6) conduct that violates a reasonable and lawful
113	113	order of a court entered under Section 264.305; [or]
114	114	(7) notwithstanding Subsection (a)(1), conduct
115	115	described by Section 43.02(a)(1) or (2), Penal Code; or
116	116	(8) [(7)] conduct that violates Section 43.261, Penal
117	117	Code.
118	118	SECTION 5. Section 25.0951(b), Education Code, is repealed.
119	119	SECTION 6. The change in law made by this Act applies only
120	120	to conduct that violates Section 25.093 or 25.094, Education Code,
121	121	as amended by this Act, that occurs on or after the effective date
122	122	of this Act. Conduct that violates Section 25.093 or 25.094,
123	123	Education Code, as amended by this Act, that occurs before the
124	124	effective date of this Act is covered by the law in effect at the
125	125	time the conduct occurred, and the former law is continued in effect
126	126	for that purpose. For purposes of this section, conduct occurs
127	127	before the effective date of this Act if any element of the
128	128	violation occurred before that date.
129	129	SECTION 7. This Act applies beginning with the 2013-2014
130	130	school year.
131	131	SECTION 8. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2013.