| 1 | 1 | | 85R12576 ADM-D |
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| 2 | 2 | | By: West S.B. No. 1355 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the calculation of absences for truancy purposes and to |
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| 8 | 8 | | attendance at truancy court adjudication hearings by certain |
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| 9 | 9 | | parents. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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| 12 | 12 | | amended by adding Section 25.0865 to read as follows: |
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| 13 | 13 | | Sec. 25.0865. CALCULATION OF ABSENCES FOR TRUANCY PURPOSES. |
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| 14 | 14 | | (a) For purposes of calculating absences for truancy, a student in |
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| 15 | 15 | | any grade level from kindergarten through grade 12 who is required |
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| 16 | 16 | | to attend school under Section 25.085 may not be considered absent |
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| 17 | 17 | | for: |
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| 18 | 18 | | (1) a class if the student is in attendance for at |
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| 19 | 19 | | least 75 percent of the class; or |
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| 20 | 20 | | (2) an instructional day if the student is in |
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| 21 | 21 | | attendance for at least 75 percent of the day. |
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| 22 | 22 | | (b) A student may be considered absent for a day or a part of |
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| 23 | 23 | | a day if the student is in attendance for less than 75 percent of the |
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| 24 | 24 | | day. |
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| 25 | 25 | | (c) The board of trustees of each school district and the |
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| 26 | 26 | | governing board of each open-enrollment charter school shall adopt |
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| 27 | 27 | | and enforce a policy implementing this section. |
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| 28 | 28 | | SECTION 2. Section 25.095(a), Education Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (a) A school district or open-enrollment charter school |
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| 31 | 31 | | shall notify a student's parent in writing at the beginning of the |
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| 32 | 32 | | school year that if the student is absent from school on 10 or more |
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| 33 | 33 | | days [or parts of days] within a six-month period in the same school |
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| 34 | 34 | | year: |
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| 35 | 35 | | (1) the student's parent is subject to prosecution |
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| 36 | 36 | | under Section 25.093; and |
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| 37 | 37 | | (2) the student is subject to referral to a truancy |
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| 38 | 38 | | court for truant conduct under Section 65.003(a), Family Code. |
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| 39 | 39 | | SECTION 3. Section 25.0951(a), Education Code, is amended |
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| 40 | 40 | | to read as follows: |
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| 41 | 41 | | (a) If a student fails to attend school without excuse on 10 |
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| 42 | 42 | | or more days [or parts of days] within a six-month period in the |
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| 43 | 43 | | same school year, a school district shall within 10 school days of |
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| 44 | 44 | | the student's 10th absence refer the student to a truancy court for |
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| 45 | 45 | | truant conduct under Section 65.003(a), Family Code. |
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| 46 | 46 | | SECTION 4. Section 65.003(a), Family Code, is amended to |
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| 47 | 47 | | read as follows: |
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| 48 | 48 | | (a) A child engages in truant conduct if the child is |
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| 49 | 49 | | required to attend school under Section 25.085, Education Code, and |
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| 50 | 50 | | fails to attend school on 10 or more days [or parts of days] within a |
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| 51 | 51 | | six-month period in the same school year. |
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| 52 | 52 | | SECTION 5. Section 65.062(c), Family Code, is amended to |
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| 53 | 53 | | read as follows: |
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| 54 | 54 | | (c) Subsection (b) does not apply to: |
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| 55 | 55 | | (1) a person for whom, for good cause shown, the court |
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| 56 | 56 | | excuses attendance; |
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| 57 | 57 | | (2) a person who is not a resident of this state; [or] |
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| 58 | 58 | | (3) a parent of a child for whom a managing conservator |
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| 59 | 59 | | has been appointed and the parent is not a conservator of the child; |
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| 60 | 60 | | or |
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| 61 | 61 | | (4) a parent or legal guardian of a child who: |
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| 62 | 62 | | (A) is 18 years of age or older; and |
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| 63 | 63 | | (B) does not reside with the parent or legal |
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| 64 | 64 | | guardian. |
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| 65 | 65 | | SECTION 6. (a) Except as provided by Subsection (b) of this |
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| 66 | 66 | | section, this Act applies beginning with the 2017-2018 school year. |
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| 67 | 67 | | (b) Section 65.062(c), Family Code, as amended by this Act, |
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| 68 | 68 | | applies only to an adjudication hearing relating to conduct that |
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| 69 | 69 | | occurs on or after the effective date of this Act. An adjudication |
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| 70 | 70 | | hearing relating to conduct that occurred before the effective date |
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| 71 | 71 | | of this Act is governed by the law in effect on the date the conduct |
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| 72 | 72 | | occurred, and the former law is continued in effect for that |
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| 73 | 73 | | purpose. |
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| 74 | 74 | | SECTION 7. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2017. |
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