HBA-JRA H.B. 440 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 440
By: Luna, Vilma
Public Education
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, it is not clear if a child's absence from school is
considered an excused absence if the child has run away from home.  H.B.
440 establishes that such an absence is considered unexcused, permits
school administrators and constables to serve legal process in the same
manner as attendance officers, and sets forth the requirements for serving
a truant child's parents with a warning. 

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 25.087(a), Education Code, to prohibit a
teacher, principal, or superintendent from excusing an absence resulting
from the voluntary absence of a child from the child's home that is without
the consent of the child's parent or guardian and is for a substantial
length of time or without intent to return. 

SECTION 2.  Amends Subchapter C, Chapter 25, Education Code, by adding
Section 25.0911, to authorize a school district administrator, school
administrator, or constable designated in writing by an attendance officer
to serve legal process under the same circumstances and in the same manner
as an attendance officer under Section 25.091, Education Code (Powers and
Duties of Attendance Officer). 

SECTION 3.  Amends Section 25.093, Education Code, to provide that a
warning to any parent of a child required to attend school who fails to
require the child to attend school may be an actual warning or a warning in
writing that is sent by registered or certified mail with return receipt
requested, by telegram with report of delivery requested, or by first class
mail if the letter was returned unopened with markings indicating that the
address is incorrect and there is no current forwarding order, and is
addressed to the parent at the parent's address shown in the school
records. Provides that the warning is presumed to have been received no
later than the fifth day after the date the warning was sent.  Redesignates
existing Subsections (c)-(i) to (d)-(j).  Makes a conforming change. 

SECTION 4.  Makes application of this Act prospective to the 2000-2001
school year. 

SECTION 5.  Emergency clause.
                       Effective date: upon passage.