87R15454 MLH-D
By: Rosenthal H.B. No. 699
Substitute the following for H.B. No. 699:
By: Dutton C.S.H.B. No. 699
A BILL TO BE ENTITLED
AN ACT
relating to public school attendance and promotion requirements for
students diagnosed with or undergoing related treatment for severe
or life-threatening illnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.087(b), Education Code, is amended to
read as follows:
(b) A school district shall excuse a student from attending
school for:
(1) the following purposes, including travel for those
purposes:
(A) observing religious holy days;
(B) attending a required court appearance;
(C) appearing at a governmental office to
complete paperwork required in connection with the student's
application for United States citizenship;
(D) taking part in a United States naturalization
oath ceremony;
(E) serving as an election clerk; or
(F) if the student is in the conservatorship of
the Department of Family and Protective Services, participating, as
determined and documented by the department, in an activity:
(i) ordered by a court under Chapter 262 or
263, Family Code, provided that it is not practicable to schedule
the participation outside of school hours; or
(ii) required under a service plan under
Subchapter B, Chapter 263, Family Code; [or]
(2) a temporary absence resulting from an appointment
with health care professionals for the student or the student's
child if the student commences classes or returns to school on the
same day of the appointment; or
(3) an absence resulting from a serious or
life-threatening illness or related treatment that makes the
student's attendance infeasible, if the student or the student's
parent or guardian provides a certification from a physician
licensed to practice medicine in this state specifying the
student's illness and the anticipated period of the student's
absence relating to the illness or related treatment.
SECTION 2. Section 25.0915(a-3), Education Code, is amended
to read as follows:
(a-3) A school district shall offer additional counseling
to a student and may not refer the student to truancy court under
this section, Section 25.0951, or any other provision if the school
determines that the student's truancy is the result of:
(1) pregnancy;
(2) being in the state foster program;
(3) homelessness; [or]
(4) severe or life-threatening illness or related
treatment; or
(5) being the principal income earner for the
student's family.
SECTION 3. Section 25.092, Education Code, is amended by
adding Subsection (a-3) to read as follows:
(a-3) A student's excused absence under Section
25.087(b)(3) may not be considered in determining whether the
student has satisfied the attendance requirement under Subsection
(a) or (a-1).
SECTION 4. Section 28.0211, Education Code, is amended by
adding Subsection (q) to read as follows:
(q) Notwithstanding any other provision of this section, a
student may not be denied promotion if the school district
determines that the student failed to perform satisfactorily on an
assessment instrument specified under Subsection (a) due primarily
to circumstances that resulted from a serious or life-threatening
illness or related treatment that qualifies the student for an
excused absence under Section 25.087(b)(3).
SECTION 5. This Act applies beginning with the 2021-2022
school year.
SECTION 6. 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, 2021.