84R7837 MK-D
By: White of Tyler H.B. No. 2397
A BILL TO BE ENTITLED
AN ACT
relating to public school interventions and procedures for truancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.088, Education Code, is amended to
read as follows:
Sec. 25.088. STUDENT [SCHOOL] ATTENDANCE ENHANCEMENT
FACILITATOR [OFFICER]. Each school district must employ at least
one student attendance enhancement facilitator. The student
[school] attendance enhancement facilitator [officer] may be
selected by:
(1) the county school trustees of any county;
(2) the board of trustees of any school district or the
boards of trustees of two or more school districts jointly; or
(3) the governing body of an open-enrollment charter
school.
SECTION 2. Section 25.089, Education Code, is amended to
read as follows:
Sec. 25.089. COMPENSATION OF STUDENT ATTENDANCE
ENHANCEMENT FACILITATOR [OFFICER]; DUAL SERVICE NOT PERMITTED. (a)
A student [An] attendance enhancement facilitator [officer] may be
compensated from the funds of the county, independent school
district, or open-enrollment charter school, as applicable.
(b) A student [An] attendance enhancement facilitator
[officer] may not be the probation officer or an officer of the
juvenile court of the county.
SECTION 3. The heading to Section 25.091, Education Code,
is amended to read as follows:
Sec. 25.091. POWERS AND DUTIES OF STUDENT [PEACE OFFICERS
AND OTHER] ATTENDANCE ENHANCEMENT FACILITATORS AND PEACE OFFICERS.
SECTION 4. Section 25.091(b), Education Code, is amended to
read as follows:
(b) A student [An] attendance enhancement facilitator
[officer] employed by a school district [who is not commissioned as
a peace officer] has the following powers and duties with respect to
enforcement of compulsory school attendance requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the student
attendance enhancement facilitator [officer];
(2) to enforce compulsory school attendance
requirements by:
(A) applying the truancy intervention procedures
[prevention measures adopted] under Section 25.0918 [25.0915] to
the student; and
(B) if the truancy intervention procedures
[prevention measures] fail to meaningfully address the student's
conduct, and the student has unexcused absences for the amount of
time specified under Section 25.094 of this code or under Section
51.03(b)(2), Family Code:
(i) referring the student to a juvenile
court or filing a complaint against the student in a county,
justice, or municipal court [if the student has unexcused absences
for the amount of time specified under Section 25.094 or under
Section 51.03(b)(2), Family Code]; and
(ii) filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to monitor school attendance compliance by each
student investigated by the student attendance enhancement
facilitator [officer];
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the student attendance
enhancement facilitator [officer] may not enter a residence without
permission of the parent or of the owner or tenant of the residence;
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements; and
(7) if the student attendance enhancement facilitator
[officer] has or is informed of a court-ordered legal process
directing that a student be taken into custody and the school
district employing the facilitator [officer] does not employ its
own police department, to contact the sheriff, constable, or any
peace officer to request that the student be taken into custody and
processed according to the legal process.
SECTION 5. The heading to Section 25.0915, Education Code,
is amended to read as follows:
Sec. 25.0915. [TRUANCY PREVENTION MEASURES;] REFERRAL AND
FILING REQUIREMENT FOR TRUANCY CASES.
SECTION 6. Sections 25.0915(b) and (c), Education Code, are
amended to read as follows:
(b) 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
attendance enhancement facilitator for the student's school
district certifying that:
(A) the school applied the truancy intervention
procedures [prevention measures adopted] under Section 25.0918
[Subsection (a)] to the student; and
(B) the truancy intervention procedures
[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.
(c) A court shall dismiss a complaint or referral made by
the student attendance enhancement facilitator for a school
district under this section that is not made in compliance with
Subsection (b).
SECTION 7. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.0918 to read as follows:
Sec. 25.0918. TRUANCY INTERVENTION PROCEDURES. (a) The
student attendance enhancement facilitator for a school district
shall apply the truancy intervention procedures under this section
to students with unexcused absences to:
(1) address student conduct related to truancy in the
school setting;
(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) Following a student's first unexcused absence, the
student attendance enhancement facilitator shall contact the
student's parent, either in person or by mail, telephone,
electronic mail or any other form of electronic communication, and
inform the parent of the student's unexcused absence.
(c) Following a student's second unexcused absence, the
student attendance enhancement facilitator shall:
(1) contact the student's parent by telephone, state
that the person is the district's student attendance enhancement
facilitator, and discuss the following:
(A) that the student has accumulated two
unexcused absences from school;
(B) the importance of school attendance in
relation to academic achievement and the student's future;
(C) any impediments to the child's attendance in
school; and
(D) potential solutions that may prevent future
unexcused absences by the student;
(2) send a record of the telephone discussion, and any
data gathered during the telephone discussion, to the school
counselor assigned to the student; and
(3) in collaboration with the school counselor
assigned to the student, conduct an assessment of the student,
including:
(A) an evaluation of the student's past and
current academic achievement;
(B) whether the student is currently receiving
special education services;
(C) a discussion with the student's teachers
regarding the student's classroom conduct and daily academic
progress; and
(D) a meeting with the student to discuss any
reasons underlying the student's unexcused absences, and any
potential remedies to prevent further unexcused absences.
(d) Following a student's third unexcused absence, the
student attendance enhancement facilitator shall:
(1) conduct a conference with the student, the
student's parent, and any school employees that the facilitator
considers appropriate; and
(2) following the conference, create an immediate
student attendance plan, which includes:
(A) specific actions for the student, the
student's parent, and school employees to take that will promote
school attendance and academic achievement for the student; and
(B) additional actions to be taken by the
student, the student's parent, school employees, or the facilitator
following each additional unexcused absence accumulated by the
student, including outreach to appropriate social services and
nonprofit entities.
(e) In this section, "parent" includes a person standing in
parental relation.
SECTION 8. Sections 25.094(a) and (c), Education Code, are
amended 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) fails to attend school 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].
(c) On a finding by the county, justice, or municipal court
that the individual has committed an offense under Subsection (a)
or on a finding by a juvenile court in a county with a population of
less than 100,000 that the individual has engaged in conduct that
violates Subsection (a), the court shall [may] enter an order that
includes at least one [or more] of the requirements listed in
Article 45.054, Code of Criminal Procedure[, as added by Chapter
1514, Acts of the 77th Legislature, Regular Session, 2001]. The
court may not order the individual to pay a fine for an offense
committed under Subsection (a) or for conduct that violates
Subsection (a).
SECTION 9. Sections 25.095(a) and (c), 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 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.
(c) The fact that a parent did not receive a notice under
Subsection (a) or Section 25.0918 [(b)] does not create a defense to
prosecution under Section 25.093 or 25.094.
SECTION 10. The heading to Section 25.0951, Education Code,
is amended to read as follows:
Sec. 25.0951. [SCHOOL DISTRICT] COMPLAINT OR REFERRAL BY
STUDENT ATTENDANCE ENHANCEMENT FACILITATOR FOR FAILURE TO ATTEND
SCHOOL.
SECTION 11. Sections 25.0951(a) and (d), 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, the student attendance enhancement facilitator for 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 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.
(d) A court shall dismiss a complaint or referral made by
the student attendance enhancement facilitator for a school
district under this section that is not made in compliance with this
section.
SECTION 12. Section 51.03(b), Family Code, is 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 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;
(7) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; or
(8) notwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code.
SECTION 13. Sections 25.090, 25.091(a), 25.0915(a),
25.094(d), 25.095(b), and 25.0951(b), Education Code, are
repealed.
SECTION 14. The changes in law made by this Act apply only
to an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the offense was committed or the conduct
occurred and the former law is continued in effect for that purpose.
For purposes of this section, an offense is committed or conduct
occurs before the effective date of this Act if any element of the
offense or conduct occurs before the effective date.
SECTION 15. This Act takes effect September 1, 2015.