1 | 1 | | By: Bettencourt S.B. No. 991 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the inclusion of chronically absent and truant students |
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9 | 9 | | as students at risk of dropping out of school and the collection and |
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10 | 10 | | reporting of data regarding those students. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 29.081(d), Education Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (d) For purposes of this section, "student at risk of |
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15 | 15 | | dropping out of school" includes each student who: |
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16 | 16 | | (1) is under 26 years of age and who: |
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17 | 17 | | (A) except as provided by Subsection (h) or if |
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18 | 18 | | retained for prekindergarten under Section 28.02124, was not |
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19 | 19 | | advanced from one grade level to the next for one or more school |
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20 | 20 | | years; |
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21 | 21 | | (B) if the student is in grade 7, 8, 9, 10, 11, or |
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22 | 22 | | 12, did not maintain an average equivalent to 70 on a scale of 100 in |
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23 | 23 | | two or more subjects in the foundation curriculum during a semester |
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24 | 24 | | in the preceding or current school year or is not maintaining such |
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25 | 25 | | an average in two or more subjects in the foundation curriculum in |
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26 | 26 | | the current semester; |
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27 | 27 | | (C) did not perform satisfactorily on an |
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28 | 28 | | assessment instrument administered to the student under Subchapter |
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29 | 29 | | B, Chapter 39, and who has not in the previous or current school |
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30 | 30 | | year subsequently performed on that instrument or another |
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31 | 31 | | appropriate instrument at a level equal to at least 110 percent of |
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32 | 32 | | the level of satisfactory performance on that instrument; |
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33 | 33 | | (D) if the student is in prekindergarten, |
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34 | 34 | | kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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35 | 35 | | a readiness test or assessment instrument administered during the |
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36 | 36 | | current school year; |
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37 | 37 | | (E) is pregnant or is a parent; |
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38 | 38 | | (F) has been placed in an alternative education |
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39 | 39 | | program in accordance with Section 37.006 during the preceding or |
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40 | 40 | | current school year; |
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41 | 41 | | (G) has been expelled in accordance with Section |
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42 | 42 | | 37.007 during the preceding or current school year; |
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43 | 43 | | (H) is currently on parole, probation, deferred |
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44 | 44 | | prosecution, or other conditional release; |
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45 | 45 | | (I) was previously reported through the Public |
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46 | 46 | | Education Information Management System (PEIMS) to have dropped out |
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47 | 47 | | of school; |
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48 | 48 | | (J) is an emergent bilingual student, as defined |
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49 | 49 | | by Section 29.052; |
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50 | 50 | | (K) is in the custody or care of the Department of |
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51 | 51 | | Family and Protective Services or has, during the current school |
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52 | 52 | | year, been referred to the department by a school official, officer |
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53 | 53 | | of the juvenile court, or law enforcement official; |
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54 | 54 | | (L) is homeless; |
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55 | 55 | | (M) resided in the preceding school year or |
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56 | 56 | | resides in the current school year in a residential placement |
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57 | 57 | | facility in the district, including a detention facility, substance |
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58 | 58 | | abuse treatment facility, emergency shelter, psychiatric hospital, |
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59 | 59 | | halfway house, cottage home operation, specialized child-care |
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60 | 60 | | home, or general residential operation; |
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61 | 61 | | (N) has been incarcerated or has a parent or |
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62 | 62 | | guardian who has been incarcerated, within the lifetime of the |
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63 | 63 | | student, in a penal institution as defined by Section 1.07, Penal |
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64 | 64 | | Code; [or] |
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65 | 65 | | (O) is enrolled in a school district or |
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66 | 66 | | open-enrollment charter school, or a campus of a school district or |
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67 | 67 | | open-enrollment charter school, that is designated as a dropout |
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68 | 68 | | recovery school under Section 39.0548; [or] |
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69 | 69 | | (P) is a chronically absent student, as defined |
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70 | 70 | | by Section 48.009; or |
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71 | 71 | | (Q) is required to attend school under Section |
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72 | 72 | | 25.085, is not exempted under Section 25.086, and fails to attend |
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73 | 73 | | school without excuse for 10 or more days or parts of days within a |
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74 | 74 | | six-month period in the same school year; or |
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75 | 75 | | (2) regardless of the student's age, participates in |
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76 | 76 | | an adult education program provided under the adult high school |
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77 | 77 | | charter school program under Subchapter G, Chapter 12. |
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78 | 78 | | SECTION 2. Section 48.009, Education Code, is amended by |
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79 | 79 | | amending Subsections (a) and (b) and adding Subsection (c-1) to |
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80 | 80 | | read as follows: |
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81 | 81 | | (a) In this section: |
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82 | 82 | | (1) "Chronically absent student" means a student who |
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83 | 83 | | is absent from school for more than 10 percent of the school's |
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84 | 84 | | required operation and instructional time within: |
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85 | 85 | | (A) a school year; or |
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86 | 86 | | (B) an enrollment period that exceeds 30 |
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87 | 87 | | instructional days. |
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88 | 88 | | (2) "Full-time[, "full-time] equivalent school |
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89 | 89 | | counselor" means 40 hours of counseling services a week. |
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90 | 90 | | (b) The commissioner by rule shall require each school |
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91 | 91 | | district and open-enrollment charter school to report through the |
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92 | 92 | | Public Education Information Management System information |
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93 | 93 | | regarding: |
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94 | 94 | | (1) the number of students enrolled in the district or |
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95 | 95 | | school who are identified as having dyslexia; |
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96 | 96 | | (2) the availability of school counselors, including |
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97 | 97 | | the number of full-time equivalent school counselors, at each |
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98 | 98 | | campus; |
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99 | 99 | | (3) the availability of expanded learning |
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100 | 100 | | opportunities as described by Section 33.252 at each campus; |
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101 | 101 | | (4) the total number of students, other than students |
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102 | 102 | | described by Subdivision (5), enrolled in the district or school |
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103 | 103 | | with whom the district or school, as applicable, used intervention |
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104 | 104 | | strategies, as that term is defined by Section 26.004, at any time |
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105 | 105 | | during the year for which the report is made; |
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106 | 106 | | (5) the total number of students enrolled in the |
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107 | 107 | | district or school to whom the district or school provided aids, |
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108 | 108 | | accommodations, or services under Section 504, Rehabilitation Act |
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109 | 109 | | of 1973 (29 U.S.C. Section 794), at any time during the year for |
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110 | 110 | | which the report is made; |
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111 | 111 | | (6) disaggregated by campus and grade, the number of: |
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112 | 112 | | (A) children who are required to attend school |
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113 | 113 | | under Section 25.085, are not exempted under Section 25.086, and |
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114 | 114 | | fail to attend school without excuse for 10 or more days or parts of |
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115 | 115 | | days within a six-month period in the same school year, in total and |
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116 | 116 | | disaggregated by whether the child is receiving instructional |
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117 | 117 | | services under Section 29.081; |
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118 | 118 | | (B) students for whom the district initiates a |
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119 | 119 | | truancy prevention measure under Section 25.0915(a-4); and |
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120 | 120 | | (C) parents of students against whom an |
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121 | 121 | | attendance officer or other appropriate school official has filed a |
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122 | 122 | | complaint under Section 25.093; [and] |
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123 | 123 | | (7) the number of students who are enrolled in a high |
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124 | 124 | | school equivalency program, a dropout recovery school, or an adult |
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125 | 125 | | education program provided under a high school diploma and industry |
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126 | 126 | | certification charter school program provided by the district or |
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127 | 127 | | school and who: |
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128 | 128 | | (A) are at least 18 years of age and under 26 |
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129 | 129 | | years of age; |
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130 | 130 | | (B) have not previously been reported to the |
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131 | 131 | | agency as dropouts; and |
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132 | 132 | | (C) enroll in the program at the district or |
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133 | 133 | | school after not attending school for a period of at least nine |
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134 | 134 | | months; and |
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135 | 135 | | (8) the number of chronically absent students enrolled |
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136 | 136 | | at each campus in the district or school, in total and disaggregated |
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137 | 137 | | by whether the student is receiving instructional services under |
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138 | 138 | | Section 29.081. |
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139 | 139 | | (c-1) The agency shall annually aggregate at the campus and |
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140 | 140 | | district levels and make publicly available the data on truancy |
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141 | 141 | | collected under Subsection (b)(6)(A) and student chronic |
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142 | 142 | | absenteeism collected under Subsection (b)(8). |
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143 | 143 | | SECTION 3. This Act takes effect September 1, 2025. |
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