88(3) HB 46 - Introduced version - Bill Text

	88S30095 AMF-F
	By:  Gervin-Hawkins	H.B.  No.  46

Statutes affected:
Introduced: Education Code 29.081, Education Code 48.009 (Education Code 48, Education Code 29)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the inclusion of chronically absent students as
	students at risk of dropping out of school and the collection and
	reporting of data regarding those students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 29.081(d), Education Code, is amended to
	read as follows:
	(d)    For purposes of this section, "student at risk of
	dropping out of school" includes each student who:
	(1)    is under 26 years of age and who:
	(A)    except as provided by Subsection (h) or if
	retained for prekindergarten under Section 28.02124, was not
	advanced from one grade level to the next for one or more school
	years;
	(B)    if the student is in grade 7, 8, 9, 10, 11, or
	12, did not maintain an average equivalent to 70 on a scale of 100 in
	two or more subjects in the foundation curriculum during a semester
	in the preceding or current school year or is not maintaining such
	an average in two or more subjects in the foundation curriculum in
	the current semester;
	(C)    did not perform satisfactorily on an
	assessment instrument administered to the student under Subchapter
	B, Chapter 39, and who has not in the previous or current school
	year subsequently performed on that instrument or another
	appropriate instrument at a level equal to at least 110 percent of
	the level of satisfactory performance on that instrument;
	(D)    if the student is in prekindergarten,
	kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
	a readiness test or assessment instrument administered during the
	current school year;
	(E)    is pregnant or is a parent;
	(F)    has been placed in an alternative education
	program in accordance with Section 37.006 during the preceding or
	current school year;
	(G)    has been expelled in accordance with Section
	37.007 during the preceding or current school year;
	(H)    is currently on parole, probation, deferred
	prosecution, or other conditional release;
	(I)    was previously reported through the Public
	Education Information Management System (PEIMS) to have dropped out
	of school;
	(J)    is an emergent bilingual student, as defined
	by Section 29.052;
	(K)    is in the custody or care of the Department of
	Family and Protective Services or has, during the current school
	year, been referred to the department by a school official, officer
	of the juvenile court, or law enforcement official;
	(L)    is homeless;
	(M)    resided in the preceding school year or
	resides in the current school year in a residential placement
	facility in the district, including a detention facility, substance
	abuse treatment facility, emergency shelter, psychiatric hospital,
	halfway house, cottage home operation, specialized child-care
	home, or general residential operation;
	(N)    has been incarcerated or has a parent or
	guardian who has been incarcerated, within the lifetime of the
	student, in a penal institution as defined by Section 1.07, Penal
	Code; [or]
	(O)    is enrolled in a school district or
	open-enrollment charter school, or a campus of a school district or
	open-enrollment charter school, that is designated as a dropout
	recovery school under Section 39.0548; or
	(P)    is a chronically absent student, as defined
	by Section 48.009; or
	(2)    regardless of the student's age, participates in
	an adult education program provided under the adult high school