87R3028 JES-F     By: González of El Paso H.B. No. 823       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, as amended by   Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), Acts   of the 86th Legislature, Regular Session, 2019, is reenacted and   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)  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 a student of limited English proficiency,   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; [or]                      (N) [(14)]  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 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 a high school diploma and   industry certification charter school program under Section   29.259.          SECTION 2.  Section 48.009, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (c-1) to   read as follows:          (a)  In this section:                (1)  "Chronically absent student" means a student who   is absent from school for more than 10 percent of the days within:                      (A)  a school year; or                      (B)  a six-week grade reporting period.                (2)  "Full-time [,"full-time] equivalent school   counselor" means 40 hours of counseling services a week.          (b)  The commissioner by rule shall require each school   district and open-enrollment charter school to report through the   Public Education Information Management System information   regarding:                (1)  the number of students enrolled in the district or   school who are identified as having dyslexia;                (2)  the availability of school counselors, including   the number of full-time equivalent school counselors, at each   campus;                (3)  the availability of expanded learning   opportunities as described by Section 33.252 at each campus;                (4)  the total number of students, other than students   described by Subdivision (5), enrolled in the district or school   with whom the district or school, as applicable, used intervention   strategies, as that term is defined by Section 26.004, at any time   during the year for which the report is made; [and]                (5)  the total number of students enrolled in the   district or school to whom the district or school provided aids,   accommodations, or services under Section 504, Rehabilitation Act   of 1973 (29 U.S.C. Section 794), at any time during the year for   which the report is made; and                (6)  the total number of chronically absent students   enrolled at each campus in the district or school disaggregated by   students' race, ethnicity, and status as:                      (A)  students enrolled in a special education   program;                      (B)  students identified as having dyslexia;                      (C)  educationally disadvantaged students; and                      (D)  students of limited English proficiency as   defined by Section 29.052.          (c-1)  The agency shall annually aggregate and make publicly   available the data on student chronic absenteeism collected under   Subsection (b)(6). The data must:                (1)  be shown at the campus and district aggregate   levels; and                (2)  include the percentage of chronically absent   students in each demographic category listed under Subsection   (b)(6).          SECTION 3.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 4.  This Act takes effect September 1, 2021.