Texas 2017 - 85th Regular

Texas Senate Bill SB1355 Latest Draft

Bill / Introduced Version Filed 03/06/2017

Download
.pdf .doc .html
                            85R12576 ADM-D
 By: West S.B. No. 1355


 A BILL TO BE ENTITLED
 AN ACT
 relating to the calculation of absences for truancy purposes and to
 attendance at truancy court adjudication hearings by certain
 parents.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter C, Chapter 25, Education Code, is
 amended by adding Section 25.0865 to read as follows:
 Sec. 25.0865.  CALCULATION OF ABSENCES FOR TRUANCY PURPOSES.
 (a)  For purposes of calculating absences for truancy, a student in
 any grade level from kindergarten through grade 12 who is required
 to attend school under Section 25.085 may not be considered absent
 for:
 (1)  a class if the student is in attendance for at
 least 75 percent of the class; or
 (2)  an instructional day if the student is in
 attendance for at least 75 percent of the day.
 (b)  A student may be considered absent for a day or a part of
 a day if the student is in attendance for less than 75 percent of the
 day.
 (c)  The board of trustees of each school district and the
 governing board of each open-enrollment charter school shall adopt
 and enforce a policy implementing this section.
 SECTION 2.  Section 25.095(a), Education Code, is 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:
 (1)  the student's parent is subject to prosecution
 under Section 25.093; and
 (2)  the student is subject to referral to a truancy
 court for truant conduct under Section 65.003(a), Family Code.
 SECTION 3.  Section 25.0951(a), Education Code, is 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 refer the student to a truancy court for
 truant conduct under Section 65.003(a), Family Code.
 SECTION 4.  Section 65.003(a), Family Code, is amended to
 read as follows:
 (a)  A child engages in truant conduct if the child is
 required to attend school under Section 25.085, Education Code, and
 fails to attend school on 10 or more days [or parts of days] within a
 six-month period in the same school year.
 SECTION 5.  Section 65.062(c), Family Code, is amended to
 read as follows:
 (c)  Subsection (b) does not apply to:
 (1)  a person for whom, for good cause shown, the court
 excuses attendance;
 (2)  a person who is not a resident of this state; [or]
 (3)  a parent of a child for whom a managing conservator
 has been appointed and the parent is not a conservator of the child;
 or
 (4)  a parent or legal guardian of a child who:
 (A)  is 18 years of age or older; and
 (B)  does not reside with the parent or legal
 guardian.
 SECTION 6.  (a)  Except as provided by Subsection (b) of this
 section, this Act applies beginning with the 2017-2018 school year.
 (b)  Section 65.062(c), Family Code, as amended by this Act,
 applies only to an adjudication hearing relating to conduct that
 occurs on or after the effective date of this Act. An adjudication
 hearing relating to conduct that occurred before the effective date
 of this Act is governed by the law in effect on the date the conduct
 occurred, and the former law is continued in effect for that
 purpose.
 SECTION 7.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2017.