HBA-JRA, PDH C.S.H.B. 907 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 907
By: Siebert
Public Education
5/3/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Education Code requires a person who is 17 years old to
attend school until age 18 and allows 18, 19, and 20 year olds to attend
school voluntarily.  A student who is 18 years old or older is eligible for
Social Security Survivor Benefits. The Social Security Administration
(administration) requires proof of enrollment from a student, but the
administration does not scrutinize the student's attendance.  Voluntary
students who enroll in school only to obtain these benefits often do not
attend regularly, and may engage in activities that are distracting to
other students when they are on campus.  C.S.H.B. 907 allows a person to
voluntarily enroll in school or voluntarily attend school after the
person's 18th birthday, but requires the person to comply with attendance
requirements.  This bill sets forth sanctions for failing to comply with
the attendance requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.085, Education Code, by adding Subsection
(e), as follows: 

(e)  Requires a person who voluntarily enrolls in school or voluntarily
attends school after the person's 18th birthday to attend school each
school day for the entire period of the program of instruction offered.
Authorizes a school district to revoke for the remainder of the school year
the enrollment of a person who has more than five unexcused absences in a
semester.  Provides that a person whose enrollment is revoked may be
considered an unauthorized person on school district grounds for purposes
of Section 37.107 (Trespass on School Grounds), Education Code. 

SECTION 2.  Amends Section 25.087(a), Education Code, to make a conforming
change. 

SECTION 3.Makes application of this Act prospective beginning with the
1999-2000 school year. 

SECTION 4.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (Section 25.085,
Education Code) to authorize, rather than require, a school district to
revoke for the remainder of the school year the enrollment of a person who
has more than five unexcused absences in a semester, rather than a person
who violates this subsection. 

The substitute adds a new SECTION 2 to amend Section 25.087(a), Education
Code, to make a conforming change. 

The substitute redesignates SECTIONS 2 and 3 (emergency clause) of the
original to SECTIONS 3 and 4.