H.B. No. 3803
AN ACT
relating to allowing parents and guardians to elect for a student to
repeat or retake a course or grade.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.02124, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) Subject to Subsection (c), a parent or guardian may
elect for a student to:
(1) repeat prekindergarten;
(2) enroll in prekindergarten, if the student would
have been eligible to enroll in prekindergarten during the previous
school year under Section 29.153(b) and the student has not yet
enrolled in kindergarten;
(3) repeat kindergarten;
(4) enroll in kindergarten, if the student would have
been eligible to enroll in kindergarten in the previous school year
and has not yet enrolled in first grade; or
(5) for grades one through eight [three], repeat the
grade in which the student was enrolled during the previous school
year.
(a-1) Subject to Subsection (c), for courses taken for high
school credit, a parent or guardian may elect for a student to
repeat any course in which the student was enrolled in during the
previous school year. A parent or guardian may not elect for a
student to repeat a course under this subsection if the school
district or open-enrollment charter school determines the student
has met all of the requirements for graduation.
(a-2) A parent or guardian may make an election under
Subsection (a)(5) or (a-1), or both.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3803 was passed by the House on April
27, 2023, by the following vote: Yeas 146, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3803 was passed by the Senate on May
16, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor