Texas 2015 - 84th Regular

Texas House Bill HB2397 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7837 MK-D
2	2	By: White of Tyler H.B. No. 2397
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school interventions and procedures for truancy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 25.088, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 25.088. STUDENT [SCHOOL] ATTENDANCE ENHANCEMENT
12	12	FACILITATOR [OFFICER]. Each school district must employ at least
13	13	one student attendance enhancement facilitator. The student
14	14	[school] attendance enhancement facilitator [officer] may be
15	15	selected by:
16	16	(1) the county school trustees of any county;
17	17	(2) the board of trustees of any school district or the
18	18	boards of trustees of two or more school districts jointly; or
19	19	(3) the governing body of an open-enrollment charter
20	20	school.
21	21	SECTION 2. Section 25.089, Education Code, is amended to
22	22	read as follows:
23	23	Sec. 25.089. COMPENSATION OF STUDENT ATTENDANCE
24	24	ENHANCEMENT FACILITATOR [OFFICER]; DUAL SERVICE NOT PERMITTED. (a)
25	25	A student [An] attendance enhancement facilitator [officer] may be
26	26	compensated from the funds of the county, independent school
27	27	district, or open-enrollment charter school, as applicable.
28	28	(b) A student [An] attendance enhancement facilitator
29	29	[officer] may not be the probation officer or an officer of the
30	30	juvenile court of the county.
31	31	SECTION 3. The heading to Section 25.091, Education Code,
32	32	is amended to read as follows:
33	33	Sec. 25.091. POWERS AND DUTIES OF STUDENT [PEACE OFFICERS
34	34	AND OTHER] ATTENDANCE ENHANCEMENT FACILITATORS AND PEACE OFFICERS.
35	35	SECTION 4. Section 25.091(b), Education Code, is amended to
36	36	read as follows:
37	37	(b) A student [An] attendance enhancement facilitator
38	38	[officer] employed by a school district [who is not commissioned as
39	39	a peace officer] has the following powers and duties with respect to
40	40	enforcement of compulsory school attendance requirements:
41	41	(1) to investigate each case of a violation of the
42	42	compulsory school attendance requirements referred to the student
43	43	attendance enhancement facilitator [officer];
44	44	(2) to enforce compulsory school attendance
45	45	requirements by:
46	46	(A) applying the truancy intervention procedures
47	47	[prevention measures adopted] under Section 25.0918 [25.0915] to
48	48	the student; and
49	49	(B) if the truancy intervention procedures
50	50	[prevention measures] fail to meaningfully address the student's
51	51	conduct, and the student has unexcused absences for the amount of
52	52	time specified under Section 25.094 of this code or under Section
53	53	51.03(b)(2), Family Code:
54	54	(i) referring the student to a juvenile
55	55	court or filing a complaint against the student in a county,
56	56	justice, or municipal court [if the student has unexcused absences
57	57	for the amount of time specified under Section 25.094 or under
58	58	Section 51.03(b)(2), Family Code]; and
59	59	(ii) filing a complaint in a county,
60	60	justice, or municipal court against a parent who violates Section
61	61	25.093;
62	62	(3) to monitor school attendance compliance by each
63	63	student investigated by the student attendance enhancement
64	64	facilitator [officer];
65	65	(4) to maintain an investigative record on each
66	66	compulsory school attendance requirement violation and related
67	67	court action and, at the request of a court, the board of trustees
68	68	of a school district, or the commissioner, to provide a record to
69	69	the individual or entity requesting the record;
70	70	(5) to make a home visit or otherwise contact the
71	71	parent of a student who is in violation of compulsory school
72	72	attendance requirements, except that the student attendance
73	73	enhancement facilitator [officer] may not enter a residence without
74	74	permission of the parent or of the owner or tenant of the residence;
75	75	(6) at the request of a parent, to escort a student
76	76	from any location to a school campus to ensure the student's
77	77	compliance with compulsory school attendance requirements; and
78	78	(7) if the student attendance enhancement facilitator
79	79	[officer] has or is informed of a court-ordered legal process
80	80	directing that a student be taken into custody and the school
81	81	district employing the facilitator [officer] does not employ its
82	82	own police department, to contact the sheriff, constable, or any
83	83	peace officer to request that the student be taken into custody and
84	84	processed according to the legal process.
85	85	SECTION 5. The heading to Section 25.0915, Education Code,
86	86	is amended to read as follows:
87	87	Sec. 25.0915. [TRUANCY PREVENTION MEASURES;] REFERRAL AND
88	88	FILING REQUIREMENT FOR TRUANCY CASES.
89	89	SECTION 6. Sections 25.0915(b) and (c), Education Code, are
90	90	amended to read as follows:
91	91	(b) Each referral to juvenile court for conduct described by
92	92	Section 51.03(b)(2), Family Code, or complaint filed in county,
93	93	justice, or municipal court alleging a violation by a student of
94	94	Section 25.094 must:
95	95	(1) be accompanied by a statement from the student
96	96	attendance enhancement facilitator for the student's school
97	97	district certifying that:
98	98	(A) the school applied the truancy intervention
99	99	procedures [prevention measures adopted] under Section 25.0918
100	100	[Subsection (a)] to the student; and
101	101	(B) the truancy intervention procedures
102	102	[prevention measures] failed to meaningfully address the student's
103	103	school attendance; and
104	104	(2) specify whether the student is eligible for or
105	105	receives special education services under Subchapter A, Chapter 29.
106	106	(c) A court shall dismiss a complaint or referral made by
107	107	the student attendance enhancement facilitator for a school
108	108	district under this section that is not made in compliance with
109	109	Subsection (b).
110	110	SECTION 7. Subchapter C, Chapter 25, Education Code, is
111	111	amended by adding Section 25.0918 to read as follows:
112	112	Sec. 25.0918. TRUANCY INTERVENTION PROCEDURES. (a) The
113	113	student attendance enhancement facilitator for a school district
114	114	shall apply the truancy intervention procedures under this section
115	115	to students with unexcused absences to:
116	116	(1) address student conduct related to truancy in the
117	117	school setting;
118	118	(2) minimize the need for referrals to juvenile court
119	119	for conduct described by Section 51.03(b)(2), Family Code; and
120	120	(3) minimize the filing of complaints in county,
121	121	justice, and municipal courts alleging a violation of Section
122	122	25.094.
123	123	(b) Following a student's first unexcused absence, the
124	124	student attendance enhancement facilitator shall contact the
125	125	student's parent, either in person or by mail, telephone,
126	126	electronic mail or any other form of electronic communication, and
127	127	inform the parent of the student's unexcused absence.
128	128	(c) Following a student's second unexcused absence, the
129	129	student attendance enhancement facilitator shall:
130	130	(1) contact the student's parent by telephone, state
131	131	that the person is the district's student attendance enhancement
132	132	facilitator, and discuss the following:
133	133	(A) that the student has accumulated two
134	134	unexcused absences from school;
135	135	(B) the importance of school attendance in
136	136	relation to academic achievement and the student's future;
137	137	(C) any impediments to the child's attendance in
138	138	school; and
139	139	(D) potential solutions that may prevent future
140	140	unexcused absences by the student;
141	141	(2) send a record of the telephone discussion, and any
142	142	data gathered during the telephone discussion, to the school
143	143	counselor assigned to the student; and
144	144	(3) in collaboration with the school counselor
145	145	assigned to the student, conduct an assessment of the student,
146	146	including:
147	147	(A) an evaluation of the student's past and
148	148	current academic achievement;
149	149	(B) whether the student is currently receiving
150	150	special education services;
151	151	(C) a discussion with the student's teachers
152	152	regarding the student's classroom conduct and daily academic
153	153	progress; and
154	154	(D) a meeting with the student to discuss any
155	155	reasons underlying the student's unexcused absences, and any
156	156	potential remedies to prevent further unexcused absences.
157	157	(d) Following a student's third unexcused absence, the
158	158	student attendance enhancement facilitator shall:
159	159	(1) conduct a conference with the student, the
160	160	student's parent, and any school employees that the facilitator
161	161	considers appropriate; and
162	162	(2) following the conference, create an immediate
163	163	student attendance plan, which includes:
164	164	(A) specific actions for the student, the
165	165	student's parent, and school employees to take that will promote
166	166	school attendance and academic achievement for the student; and
167	167	(B) additional actions to be taken by the
168	168	student, the student's parent, school employees, or the facilitator
169	169	following each additional unexcused absence accumulated by the
170	170	student, including outreach to appropriate social services and
171	171	nonprofit entities.
172	172	(e) In this section, "parent" includes a person standing in
173	173	parental relation.
174	174	SECTION 8. Sections 25.094(a) and (c), Education Code, are
175	175	amended to read as follows:
176	176	(a) An individual commits an offense if the individual:
177	177	(1) is 12 years of age or older and younger than 18
178	178	years of age;
179	179	(2) is required to attend school under Section 25.085;
180	180	and
181	181	(3) fails to attend school on 10 or more days or parts
182	182	of days within a six-month period in the same school year [or on
183	183	three or more days or parts of days within a four-week period].
184	184	(c) On a finding by the county, justice, or municipal court
185	185	that the individual has committed an offense under Subsection (a)
186	186	or on a finding by a juvenile court in a county with a population of
187	187	less than 100,000 that the individual has engaged in conduct that
188	188	violates Subsection (a), the court shall [may] enter an order that
189	189	includes at least one [or more] of the requirements listed in
190	190	Article 45.054, Code of Criminal Procedure[, as added by Chapter
191	191	1514, Acts of the 77th Legislature, Regular Session, 2001]. The
192	192	court may not order the individual to pay a fine for an offense
193	193	committed under Subsection (a) or for conduct that violates
194	194	Subsection (a).
195	195	SECTION 9. Sections 25.095(a) and (c), Education Code, are
196	196	amended to read as follows:
197	197	(a) A school district or open-enrollment charter school
198	198	shall notify a student's parent in writing at the beginning of the
199	199	school year that if the student is absent from school on 10 or more
200	200	days or parts of days within a six-month period in the same school
201	201	year [or on three or more days or parts of days within a four-week
202	202	period]:
203	203	(1) the student's parent is subject to prosecution
204	204	under Section 25.093; and
205	205	(2) the student is subject to prosecution under
206	206	Section 25.094 or to referral to a juvenile court in a county with a
207	207	population of less than 100,000 for conduct that violates that
208	208	section.
209	209	(c) The fact that a parent did not receive a notice under
210	210	Subsection (a) or Section 25.0918 [(b)] does not create a defense to
211	211	prosecution under Section 25.093 or 25.094.
212	212	SECTION 10. The heading to Section 25.0951, Education Code,
213	213	is amended to read as follows:
214	214	Sec. 25.0951. [SCHOOL DISTRICT] COMPLAINT OR REFERRAL BY
215	215	STUDENT ATTENDANCE ENHANCEMENT FACILITATOR FOR FAILURE TO ATTEND
216	216	SCHOOL.
217	217	SECTION 11. Sections 25.0951(a) and (d), Education Code,
218	218	are amended to read as follows:
219	219	(a) If a student fails to attend school without excuse on 10
220	220	or more days or parts of days within a six-month period in the same
221	221	school year, the student attendance enhancement facilitator for a
222	222	school district shall within 10 school days of the student's 10th
223	223	absence:
224	224	(1) file a complaint against the student or the
225	225	student's parent or both in a county, justice, or municipal court
226	226	for an offense under Section 25.093 or 25.094, as appropriate, or
227	227	refer the student to a juvenile court in a county with a population
228	228	of less than 100,000 for conduct that violates Section 25.094; or
229	229	(2) refer the student to a juvenile court for conduct
230	230	indicating a need for supervision under Section 51.03(b)(2), Family
231	231	Code.
232	232	(d) A court shall dismiss a complaint or referral made by
233	233	the student attendance enhancement facilitator for a school
234	234	district under this section that is not made in compliance with this
235	235	section.
236	236	SECTION 12. Section 51.03(b), Family Code, is amended to
237	237	read as follows:
238	238	(b) Conduct indicating a need for supervision is:
239	239	(1) subject to Subsection (f), conduct, other than a
240	240	traffic offense, that violates:
241	241	(A) the penal laws of this state of the grade of
242	242	misdemeanor that are punishable by fine only; or
243	243	(B) the penal ordinances of any political
244	244	subdivision of this state;
245	245	(2) the absence of a child on 10 or more days or parts
246	246	of days within a six-month period in the same school year [or on
247	247	three or more days or parts of days within a four-week period from
248	248	school];
249	249	(3) the voluntary absence of a child from the child's
250	250	home without the consent of the child's parent or guardian for a
251	251	substantial length of time or without intent to return;
252	252	(4) conduct prohibited by city ordinance or by state
253	253	law involving the inhalation of the fumes or vapors of paint and
254	254	other protective coatings or glue and other adhesives and the
255	255	volatile chemicals itemized in Section 485.001, Health and Safety
256	256	Code;
257	257	(5) an act that violates a school district's
258	258	previously communicated written standards of student conduct for
259	259	which the child has been expelled under Section 37.007(c),
260	260	Education Code;
261	261	(6) conduct that violates a reasonable and lawful
262	262	order of a court entered under Section 264.305;
263	263	(7) notwithstanding Subsection (a)(1), conduct
264	264	described by Section 43.02(a)(1) or (2), Penal Code; or
265	265	(8) notwithstanding Subsection (a)(1), conduct that
266	266	violates Section 43.261, Penal Code.
267	267	SECTION 13. Sections 25.090, 25.091(a), 25.0915(a),
268	268	25.094(d), 25.095(b), and 25.0951(b), Education Code, are
269	269	repealed.
270	270	SECTION 14. The changes in law made by this Act apply only
271	271	to an offense committed or conduct that occurs on or after the
272	272	effective date of this Act. An offense committed or conduct that
273	273	occurs before the effective date of this Act is governed by the law
274	274	in effect on the date the offense was committed or the conduct
275	275	occurred and the former law is continued in effect for that purpose.
276	276	For purposes of this section, an offense is committed or conduct
277	277	occurs before the effective date of this Act if any element of the
278	278	offense or conduct occurs before the effective date.
279	279	SECTION 15. This Act takes effect September 1, 2015.