S.B. No. 1404
 
 
 
 
AN ACT
  relating to attendance at and completion of high school by students
  who are in the conservatorship of the Department of Family and
  Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 25.007, Education Code,
  is amended to read as follows:
         (b)  In recognition of the challenges faced by students in
  substitute care, the agency shall assist the transition of
  substitute care students from one school to another by:
               (1)  ensuring that school records for a student in
  substitute care are transferred to the student's new school not
  later than the 14th day after the date the student begins enrollment
  at the school;
               (2)  developing systems to ease transition of a student
  in substitute care during the first two weeks of enrollment at a new
  school;
               (3)  developing procedures for awarding credit,
  including partial credit if appropriate, for course work, including
  electives, completed by a student in substitute care while enrolled
  at another school;
               (4)  promoting practices that facilitate access by a
  student in substitute care to extracurricular programs, summer
  programs, credit transfer services, electronic courses provided
  under Chapter 30A, and after-school tutoring programs at nominal or
  no cost;
               (5)  establishing procedures to lessen the adverse
  impact of the movement of a student in substitute care to a new
  school;
               (6)  entering into a memorandum of understanding with
  the Department of Family and Protective Services regarding the
  exchange of information as appropriate to facilitate the transition
  of students in substitute care from one school to another;
               (7)  encouraging school districts and open-enrollment
  charter schools to provide services for a student in substitute
  care in transition when applying for admission to postsecondary
  study and when seeking sources of funding for postsecondary study;
               (8)  requiring school districts, campuses, and
  open-enrollment charter schools to accept a referral for special
  education services made for a student in substitute care by a school
  previously attended by the student; [and]
               (9)  providing other assistance as identified by the
  agency;
               (10)  developing procedures for allowing a student in
  substitute care who was previously enrolled in a course required
  for graduation the opportunity, to the extent practicable, to
  complete the course, at no cost to the student, before the beginning
  of the next school year;
               (11)  ensuring that a student in substitute care who is
  not likely to receive a high school diploma before the fifth school
  year following the student's enrollment in grade nine, as
  determined by the district, has the student's course credit accrual
  and personal graduation plan reviewed; and
               (12)  ensuring that a student in substitute care who is
  in grade 11 or 12 be provided information regarding tuition and fee
  exemptions under Section 54.366 for dual-credit or other courses
  provided by a public institution of higher education for which a
  high school student may earn joint high school and college credit.
         SECTION 2.  Subsection (b), Section 25.087, Education Code,
  is amended to read as follows:
         (b)  A school district shall excuse a student from attending
  school for:
               (1)  the following purposes, including travel for those
  purposes:
                     (A)  observing religious holy days;
                     (B)  attending a required court appearance;
                     (C)  appearing at a governmental office to
  complete paperwork required in connection with the student's
  application for United States citizenship;
                     (D)  taking part in a United States naturalization
  oath ceremony; [or]
                     (E)  serving as an election clerk; or
                     (F)  if the student is in the conservatorship of
  the Department of Family and Protective Services, participating in
  an activity ordered by a court under Chapter 262 or 263, Family
  Code, provided that it is not practicable to schedule the
  participation outside of school hours; or
               (2)  a temporary absence resulting from health care
  professionals if that student commences classes or returns to
  school on the same day of the appointment.
         SECTION 3.  Subsection (a), Section 28.0213, Education Code,
  is amended to read as follows:
         (a)  A school district shall offer an intensive program of
  instruction to a student who:
               (1)  does not perform satisfactorily on an assessment
  instrument administered under Subchapter B, Chapter 39; or
               (2)  is not likely to receive a high school diploma
  before the fifth school year following the student's enrollment in
  grade nine, as determined by the district.
         SECTION 4.  Section 28.025, Education Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  If an 11th or 12th grade student in the conservatorship
  of the Department of Family and Protective Services transfers to a
  different school district and the student is ineligible to graduate
  from the district to which the student transfers, the district from
  which the student transferred shall award a diploma at the
  student's request, if the student meets the graduation requirements
  of the district from which the student transferred.
         SECTION 5.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 6.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1404 passed the Senate on
  April 4, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1404 passed the House on
  May 22, 2013, by the following vote:  Yeas 148, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor