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AN ACT
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relating to eligibility and attendance requirements in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.001, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(a) A person who, on the first day of September of any school |
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year, is at least five years of age and under 21 years of age, or is |
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at least 21 years of age and under 26 years of age and is admitted by |
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a school district to complete the requirements for a high school |
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diploma [on the first day of September of any school year] is |
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entitled to the benefits of the available school fund for that year. |
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Any other person enrolled in a prekindergarten class under Section |
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29.153 is entitled to the benefits of the available school fund. |
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(b) The board of trustees of a school district or its |
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designee shall admit into the public schools of the district free of |
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tuition a person who is over five and younger than 21 years of age on |
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the first day of September of the school year in which admission is |
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sought, and may admit a person who is at least 21 years of age and |
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under 26 years of age for the purpose of completing the requirements |
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for a high school diploma, if: |
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(1) the person and either parent of the person reside |
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in the school district; |
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(2) the person does not reside in the school district |
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but a parent of the person resides in the school district and that |
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parent is a joint managing conservator or the sole managing |
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conservator or possessory conservator of the person; |
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(3) the person and the person's guardian or other |
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person having lawful control of the person under a court order |
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reside within the school district; |
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(4) the person has established a separate residence |
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under Subsection (d); |
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(5) the person is homeless, as defined by 42 U.S.C. |
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Section 11302, regardless of the residence of the person, of either |
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parent of the person, or of the person's guardian or other person |
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having lawful control of the person; |
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(6) the person is a foreign exchange student placed |
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with a host family that resides in the school district by a |
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nationally recognized foreign exchange program, unless the school |
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district has applied for and been granted a waiver by the |
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commissioner under Subsection (e); |
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(7) the person resides at a residential facility |
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located in the district; |
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(8) the person resides in the school district and is 18 |
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years of age or older or the person's disabilities of minority have |
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been removed; or |
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(9) the person does not reside in the school district |
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but the grandparent of the person: |
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(A) resides in the school district; and |
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(B) provides a substantial amount of |
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after-school care for the person as determined by the board. |
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(b-1) A person who is 21 years of age or older and is |
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admitted by a school district for the purpose stated in Subsection |
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(b) is not eligible for placement in a disciplinary alternative |
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education program or a juvenile justice alternative education |
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program if the person engages in conduct that would require or |
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authorize such placement for a student under the age of 21. If the |
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student engages in conduct that would otherwise require such |
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placement, the district shall revoke admission of the student into |
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the public schools of the district. |
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(b-2) A person who is 21 years of age or older who is |
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admitted by a school district to complete the requirements for a |
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high school diploma and who has not attended school in the three |
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preceding school years may not be placed with a student who is 18 |
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years of age or younger in a classroom setting, a cafeteria, or |
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another district-sanctioned school activity. Nothing in this |
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subsection prevents a student described by this subsection from |
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attending a school-sponsored event that is open to the public as a |
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member of the public. |
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SECTION 2. Section 25.085(f), Education Code, as added by |
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H.B. No. 566, Acts of the 80th Legislature, Regular Session, 2007, |
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is amended to read as follows: |
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(f) The board of trustees of a school district may adopt a |
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policy requiring a person described by Subsection (e) who is under |
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21 years of age to attend school until the end of the school year. |
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Section 25.094 applies to a person subject to a policy adopted under |
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this subsection. Sections 25.093 and 25.095 do not apply to the |
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parent of a person subject to a policy adopted under this |
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subsection. |
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SECTION 3. Section 25.092, Education Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) A student who is in attendance for at least 75 percent |
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but less than 90 percent of the days a class is offered may be given |
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credit for the class if the student completes a plan approved by the |
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school's principal that provides for the student to meet the |
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instructional requirements of the class. A student under the |
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jurisdiction of a court in a criminal or juvenile justice |
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proceeding may not receive credit under this subsection without the |
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consent of the judge presiding over the student's case. |
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(b) The board of trustees of each school district shall |
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appoint one or more attendance committees to hear petitions for |
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class credit by students who are in attendance fewer than the number |
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of days required under Subsection (a) and have not earned class |
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credit under Subsection (a-1). Classroom teachers shall comprise a |
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majority of the membership of the committee. A committee may give |
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class credit to a student because of extenuating circumstances. |
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Each board of trustees shall establish guidelines to determine what |
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constitutes extenuating circumstances and shall adopt policies |
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establishing alternative ways for students to make up work or |
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regain credit lost because of absences. The alternative ways must |
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include at least one option that does not require a student to pay a |
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fee authorized under Section 11.158(a)(15). A certified public |
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school employee may not be assigned additional instructional duties |
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as a result of this section outside of the regular workday unless |
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the employee is compensated for the duties at a reasonable rate of |
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pay. |
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SECTION 4. Section 29.153(b), Education Code, is amended to |
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read as follows: |
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(b) A child is eligible for enrollment in a prekindergarten |
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class under this section if the child is at least three years of age |
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and [is]: |
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(1) is unable to speak and comprehend the English |
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language; |
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(2) is educationally disadvantaged; |
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(3) is a homeless child, as defined by 42 U.S.C. |
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Section 11434a [11302], regardless of the residence of the child, |
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of either parent of the child, or of the child's guardian or other |
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person having lawful control of the child; |
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(4) is the child of an active duty member of the armed |
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forces of the United States, including the state military forces or |
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a reserve component of the armed forces, who is ordered to active |
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duty by proper authority; [or] |
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(5) is the child of a member of the armed forces of the |
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United States, including the state military forces or a reserve |
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component of the armed forces, who was injured or killed while |
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serving on active duty; or |
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(6) is or ever has been in the conservatorship of the |
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Department of Family and Protective Services following an adversary |
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hearing held as provided by Section 262.201, Family Code. |
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SECTION 5. Section 42.003(a), Education Code, is amended to |
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read as follows: |
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(a) A student is entitled to the benefits of the Foundation |
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School Program if, on September 1 of the school year, the student is |
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5 years of age or older and under 21 years of age [on September 1 of
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the school year] and has not graduated from high school, or is at |
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least 21 years of age and under 26 years of age and has been admitted |
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by a school district to complete the requirements for a high school |
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diploma. |
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SECTION 6. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1137 was passed by the House on May 8, |
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2007, by the following vote: Yeas 144, Nays 2, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1137 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1137 on May 27, 2007, by the following vote: Yeas 145, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1137 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 29, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1137 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |