1 | 1 | | 89R10986 MCF-D |
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2 | 2 | | By: Louderback H.B. No. 3613 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the number of unexcused absences from school that |
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10 | 10 | | constitute truant conduct or parental contribution to |
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11 | 11 | | nonattendance of school and a school district's discretion to refer |
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12 | 12 | | a student to truancy court. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 25.095(b), Education Code, is amended to |
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15 | 15 | | read as follows: |
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16 | 16 | | (b) A school district shall notify a student's parent if the |
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17 | 17 | | student has been absent from school, without excuse under Section |
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18 | 18 | | 25.087, on three days or parts of days within a four-week period in |
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19 | 19 | | the same school year. The notice must: |
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20 | 20 | | (1) inform the parent that: |
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21 | 21 | | (A) it is the parent's duty to monitor the |
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22 | 22 | | student's school attendance and require the student to attend |
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23 | 23 | | school; [and] |
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24 | 24 | | (B) the student is subject to truancy prevention |
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25 | 25 | | measures under Section 25.0915; and |
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26 | 26 | | (C) the student may be referred to a truancy |
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27 | 27 | | court for truant conduct under Section 65.003(a), Family Code; and |
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28 | 28 | | (2) request a conference between school officials and |
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29 | 29 | | the parent to discuss the absences. |
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30 | 30 | | SECTION 2. Section 25.0951, Education Code, is amended by |
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31 | 31 | | adding Subsection (a-1) and amending Subsections (b) and (d) to |
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32 | 32 | | read as follows: |
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33 | 33 | | (a-1) If a student fails to attend school without excuse on |
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34 | 34 | | three or more days or parts of days within a four-week period in the |
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35 | 35 | | same school year but does not fail to attend school for the time |
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36 | 36 | | described by Subsection (a), the school district may, before the |
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37 | 37 | | 10th school day after the student's third absence, refer the |
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38 | 38 | | student to a truancy court for truant conduct under Section |
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39 | 39 | | 65.003(a), Family Code. |
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40 | 40 | | (b) If a student fails to attend school without excuse as |
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41 | 41 | | specified by Subsection (a) or (a-1), a school district may file a |
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42 | 42 | | complaint against the student's parent in a county, justice, or |
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43 | 43 | | municipal court for an offense under Section 25.093 if the school |
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44 | 44 | | district provides evidence of the parent's criminal negligence. In |
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45 | 45 | | this subsection, "parent" includes a person standing in parental |
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46 | 46 | | relation. |
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47 | 47 | | (d) Notwithstanding Subsection (a) or (a-1), a school |
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48 | 48 | | district may delay a referral of a student for truant conduct, or |
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49 | 49 | | may choose to not refer a student for truant conduct, if the school |
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50 | 50 | | district: |
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51 | 51 | | (1) is applying truancy prevention measures to the |
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52 | 52 | | student under Section 25.0915; and |
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53 | 53 | | (2) determines that the truancy prevention measures |
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54 | 54 | | are succeeding and it is in the best interest of the student that a |
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55 | 55 | | referral be delayed or not be made. |
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56 | 56 | | SECTION 3. Section 65.003(a), Family Code, is amended to |
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57 | 57 | | read as follows: |
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58 | 58 | | (a) A child engages in truant conduct if the child is |
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59 | 59 | | required to attend school under Section 25.085, Education Code, and |
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60 | 60 | | fails to attend school on: |
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61 | 61 | | (1) 10 or more days or parts of days within a six-month |
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62 | 62 | | period in the same school year; or |
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63 | 63 | | (2) three or more days or parts of days within a |
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64 | 64 | | four-week period in the same school year. |
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65 | 65 | | SECTION 4. The changes in law made by this Act apply |
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66 | 66 | | beginning with the 2025-2026 school year. |
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67 | 67 | | SECTION 5. This Act takes effect immediately if it receives |
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68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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71 | 71 | | Act takes effect September 1, 2025. |
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