| 1 | 1 | | H.B. No. 3803 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to allowing parents and guardians to elect for a student to |
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| 6 | 6 | | repeat or retake a course or grade. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 28.02124, Education Code, is amended by |
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| 9 | 9 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) Subject to Subsection (c), a parent or guardian may |
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| 12 | 12 | | elect for a student to: |
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| 13 | 13 | | (1) repeat prekindergarten; |
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| 14 | 14 | | (2) enroll in prekindergarten, if the student would |
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| 15 | 15 | | have been eligible to enroll in prekindergarten during the previous |
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| 16 | 16 | | school year under Section 29.153(b) and the student has not yet |
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| 17 | 17 | | enrolled in kindergarten; |
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| 18 | 18 | | (3) repeat kindergarten; |
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| 19 | 19 | | (4) enroll in kindergarten, if the student would have |
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| 20 | 20 | | been eligible to enroll in kindergarten in the previous school year |
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| 21 | 21 | | and has not yet enrolled in first grade; or |
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| 22 | 22 | | (5) for grades one through eight [three], repeat the |
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| 23 | 23 | | grade in which the student was enrolled during the previous school |
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| 24 | 24 | | year. |
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| 25 | 25 | | (a-1) Subject to Subsection (c), for courses taken for high |
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| 26 | 26 | | school credit, a parent or guardian may elect for a student to |
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| 27 | 27 | | repeat any course in which the student was enrolled in during the |
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| 28 | 28 | | previous school year. A parent or guardian may not elect for a |
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| 29 | 29 | | student to repeat a course under this subsection if the school |
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| 30 | 30 | | district or open-enrollment charter school determines the student |
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| 31 | 31 | | has met all of the requirements for graduation. |
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| 32 | 32 | | (a-2) A parent or guardian may make an election under |
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| 33 | 33 | | Subsection (a)(5) or (a-1), or both. |
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| 34 | 34 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 35 | 35 | | school year. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2023. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 3803 was passed by the House on April |
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| 44 | 44 | | 27, 2023, by the following vote: Yeas 146, Nays 2, 1 present, not |
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| 45 | 45 | | voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 3803 was passed by the Senate on May |
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| 49 | 49 | | 16, 2023, by the following vote: Yeas 31, Nays 0. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: _____________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | _____________________ |
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| 55 | 55 | | Governor |
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