83R28156 EAH-D
By: Whitmire S.B. No. 1234
(Price)
Substitute the following for S.B. No. 1234: No.
A BILL TO BE ENTITLED
AN ACT
relating to the prevention of truancy and the offense of failure to
attend school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (i), Article 45.054, Code of Criminal
Procedure, is amended to read as follows:
(i) A county, justice, or municipal court shall dismiss the
complaint against an individual alleging that the individual
committed an offense under Section 25.094, Education Code, if:
(1) the court finds that the individual has
successfully complied with the conditions imposed on the individual
by the court under this article; or
(2) the individual presents to the court proof that
the individual has obtained a high school diploma or a high school
equivalency certificate after taking a high school equivalency
examination administered under Section 7.111, Education Code.
SECTION 2. Subsection (e), Article 45.055, Code of Criminal
Procedure, is amended to read as follows:
(e) A court shall expunge an individual's conviction under
Section 25.094, Education Code, and records relating to a
conviction, regardless of whether the individual has previously
been convicted of an offense under that section, if:
(1) the court finds that the individual has
successfully complied with the conditions imposed on the individual
by the court under Article 45.054; or
(2) before the individual's 21st birthday, the
individual presents to the court proof that the individual has
obtained a high school diploma or a high school equivalency
certificate after taking a high school equivalency examination
administered under Section 7.111, Education Code.
SECTION 3. Article 45.056, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), [On approval of
the commissioners court, city council, school district board of
trustees, juvenile board, or other appropriate authority,] a county
court, justice court, municipal court, school district, or juvenile
probation department shall[, or other appropriate governmental
entity may:
[(1)] employ a case manager or agree, in accordance
with Chapter 791, Government Code, with any entity listed in this
subsection or another appropriate governmental entity to jointly
employ a case manager to provide services in cases involving:
(1) a juvenile offender who is [offenders] before a
court consistent with the court's statutory powers; or
(2) a student, before the student is referred to a
court for a violation of Section 25.094, Education Code, who is
referred to the case manager by a school administrator or designee
for intervention services because the student is considered at risk
of dropping out of school, if the student and the student's parent
or guardian consent to the referral to the [agree in accordance with
Chapter 791, Government Code, to jointly employ a] case manager.
(a-1) A school district that employs a truancy prevention
facilitator is not required to employ a case manager.
SECTION 4. Subsection (e), Section 25.085, Education Code,
is amended to read as follows:
(e) A person who voluntarily enrolls in school or
voluntarily attends school after the person's 18th birthday shall
attend school each school day for the entire period the program of
instruction is offered. A school district may revoke for the
remainder of the school year the enrollment of a person who has more
than five absences in a semester that are not excused under Section
25.087, except that a school district may not revoke the enrollment
of a person under this subsection on a day on which the person is
physically present at school. A person whose enrollment is revoked
under this subsection may be considered an unauthorized person on
school district grounds for purposes of Section 37.107.
SECTION 5. Subsection (a), Section 25.087, Education Code,
is amended to read as follows:
(a) A person required to attend school[, including a person
required to attend school under Section 25.085(e),] may be excused
for temporary absence resulting from any cause acceptable to the
teacher, principal, or superintendent of the school in which the
person is enrolled.
SECTION 6. Section 25.0915, Education Code, is amended to
read as follows:
Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL AND
FILING REQUIREMENT. (a) A school district shall adopt truancy
prevention measures designed to:
(1) address student conduct related to truancy in the
school setting before the student violates Section 25.094;
(2) minimize the need for referrals to juvenile court
for conduct described by Section 51.03(b)(2), Family Code; and
(3) minimize the filing of complaints in county,
justice, and municipal courts alleging a violation of Section
25.094.
(b) As a truancy prevention measure under Subsection (a), a
school district may:
(1) issue a warning letter to the student and the
student's parent or guardian that states the number of absences of
the student and explains the consequences if the student has
additional absences;
(2) impose:
(A) a behavior improvement plan on the student
that must be signed by the student, the student's parent or
guardian, and an employee of the school and that includes:
(i) a specific description of the behavior
that is required or prohibited for the student;
(ii) the period for which the plan will be
effective, not to exceed 45 school days after the date the contract
becomes effective; and
(iii) the penalties for additional
absences, including additional disciplinary action or the referral
of the student to a juvenile court; and
(B) school-based community service; or
(3) refer the student to counseling, community-based
services, or other in-school or out-of-school services aimed at
addressing the student's truancy.
(c) A referral made under Subsection (b)(3) may include
participation by the child's parent or guardian if necessary.
(d) Each referral to juvenile court for conduct described by
Section 51.03(b)(2), Family Code, or complaint filed in county,
justice, or municipal court alleging a violation by a student of
Section 25.094 must:
(1) be accompanied by a statement from the student's
school certifying that:
(A) the school applied the truancy prevention
measures adopted under Subsection (a) to the student; and
(B) the truancy prevention measures failed to
meaningfully address the student's school attendance; and
(2) specify whether the student is eligible for or
receives special education services under Subchapter A, Chapter 29.
SECTION 7. Subsection (e), Section 25.094, Education Code,
is amended to read as follows:
(e) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed:
(1) $100 for a first offense;
(2) $200 for a second offense;
(3) $300 for a third offense;
(4) $400 for a fourth offense; or
(5) $500 for a fifth or subsequent offense.
SECTION 8. Subsections (a) and (b), Section 25.0951,
Education Code, are amended to read as follows:
(a) If a student fails to attend school without excuse on 10
or more days or parts of days within a six-month period in the same
school year, a school district shall within 10 school days of the
student's 10th absence:
(1) file a complaint against the student or the
student's parent or, if the district provides evidence that both
the student and the student's parent contributed to the student's
failure to attend school, both the student and the parent 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.
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district may:
(1) file a complaint against the student or the
student's parent or, if the district provides evidence that both
the student and the student's parent contributed to the student's
failure to attend school, both the student and the parent 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.
SECTION 9. The changes in law made by this Act apply only to
conduct violating Section 25.094, Education Code, on or after the
effective date of this Act. A violation that occurs before the
effective date of this Act is covered by the law in effect when the
violation occurred, and the former law is continued in effect for
that purpose. For purposes of this section, a violation occurs
before the effective date of this Act if any element of the
violation occurs before that date.
SECTION 10. This Act takes effect September 1, 2013.