Bill Text: TX SB1355 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the calculation of absences for truancy purposes and to attendance at truancy court adjudication hearings by certain parents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-16 - Referred to Criminal Justice [SB1355 Detail]
Download: Texas-2017-SB1355-Introduced.html
85R12576 ADM-D | ||
By: West | S.B. No. 1355 |
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relating to the calculation of absences for truancy purposes and to | ||
attendance at truancy court adjudication hearings by certain | ||
parents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 25, Education Code, is | ||
amended by adding Section 25.0865 to read as follows: | ||
Sec. 25.0865. CALCULATION OF ABSENCES FOR TRUANCY PURPOSES. | ||
(a) For purposes of calculating absences for truancy, a student in | ||
any grade level from kindergarten through grade 12 who is required | ||
to attend school under Section 25.085 may not be considered absent | ||
for: | ||
(1) a class if the student is in attendance for at | ||
least 75 percent of the class; or | ||
(2) an instructional day if the student is in | ||
attendance for at least 75 percent of the day. | ||
(b) A student may be considered absent for a day or a part of | ||
a day if the student is in attendance for less than 75 percent of the | ||
day. | ||
(c) The board of trustees of each school district and the | ||
governing board of each open-enrollment charter school shall adopt | ||
and enforce a policy implementing this section. | ||
SECTION 2. Section 25.095(a), Education Code, is amended to | ||
read as follows: | ||
(a) A school district or open-enrollment charter school | ||
shall notify a student's parent in writing at the beginning of the | ||
school year that if the student is absent from school on 10 or more | ||
days [ |
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year: | ||
(1) the student's parent is subject to prosecution | ||
under Section 25.093; and | ||
(2) the student is subject to referral to a truancy | ||
court for truant conduct under Section 65.003(a), Family Code. | ||
SECTION 3. Section 25.0951(a), Education Code, is amended | ||
to read as follows: | ||
(a) If a student fails to attend school without excuse on 10 | ||
or more days [ |
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same school year, a school district shall within 10 school days of | ||
the student's 10th absence refer the student to a truancy court for | ||
truant conduct under Section 65.003(a), Family Code. | ||
SECTION 4. Section 65.003(a), Family Code, is amended to | ||
read as follows: | ||
(a) A child engages in truant conduct if the child is | ||
required to attend school under Section 25.085, Education Code, and | ||
fails to attend school on 10 or more days [ |
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six-month period in the same school year. | ||
SECTION 5. Section 65.062(c), Family Code, is amended to | ||
read as follows: | ||
(c) Subsection (b) does not apply to: | ||
(1) a person for whom, for good cause shown, the court | ||
excuses attendance; | ||
(2) a person who is not a resident of this state; [ |
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(3) a parent of a child for whom a managing conservator | ||
has been appointed and the parent is not a conservator of the child; | ||
or | ||
(4) a parent or legal guardian of a child who: | ||
(A) is 18 years of age or older; and | ||
(B) does not reside with the parent or legal | ||
guardian. | ||
SECTION 6. (a) Except as provided by Subsection (b) of this | ||
section, this Act applies beginning with the 2017-2018 school year. | ||
(b) Section 65.062(c), Family Code, as amended by this Act, | ||
applies only to an adjudication hearing relating to conduct that | ||
occurs on or after the effective date of this Act. An adjudication | ||
hearing relating to conduct that occurred before the effective date | ||
of this Act is governed by the law in effect on the date the conduct | ||
occurred, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. 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, 2017. |