---------- Forwarded message ----------
From: Jaime Kenedeno <kingalonzoalvarezdepinedaxiii@gmail.com>
Date: Tue, Dec 16, 2008 at 1:48 PM
Subject: A BILL TO BE ENTITLED AN ACT TO REINSTATE ORIGINAL INTENT OF 74TH LEGISLATURE
To: "solomon. ortizjr" <solomon.ortizjr@house.state.tx.us>, Abel.Herrero@house.state.tx.us, info@electtoddhunter.com, rob.eissler@house.state.tx.us, juan.hinojosa@senate.state.tx.us
Cc: lcox@nueces.esc2.net
Dear South Texas Legislators,
A BILL TO BE ENTITLED AN ACT TO REINSTATE ORIGINAL INTENT OF 74TH LEGISLATURE: 74R SB 1 was authored by Senator Ratliff; while the Sponsor was Sadler. In this legislation, the term Recalcitrant Person cogently replaced the "intentionally, knowingly, recklessly, or with criminal negligence failing to require the child to attend school" Parent.
It is respectfully requested this law be considered for amendment and correction for Truant Officer Accountability / responsibility and an affirmative defense to the prosecution under Section 25.093. Below for submission for consideration is a model from which to begin.
§ 25.095. WARNING NOTICES. A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period.
The notice must:
(1) inform the parent that:
(A) it is the Administrator's duty to immediately inform the parent of the student's irregular school attendance as they would inform the Parent of any serious injury or violation of law and require parental recognition in writing. (B) it is the Attendance Officer's duty to regulate school attendance and refer student's with irregular attendance patterns to the Principal(C) it is the parent's duty to be accessible to school administration and require the student to attend school;
(D) the parent is subject to prosecution under Section 25.093; and(E) if a parent did not receive anotice under Subsection (a) or (b) and
(2) the school district fails to demonstrate the due diligence in providing notice it is an affirmative defense to the prosecution under Section 25.093
(2) request a conference between school officials and the parent to discuss the absences. (3)It is an affirmative defense to
the prosecution under Section 25.093 if
(A) A Parent whose child is in
attendance at the beginning
of the school day and (B) The parent is cooperative
with the school administration
(c) In this section, "parent"
includes a person standing
in parental relation. (4) Be mailed by Certified Mail
return receipt requested.
--
Kenedeño & Associates
Phone (361) 774-9103
From: Jaime Kenedeno <kingalonzoalvarezdepinedaxiii@gmail.com>
Date: Tue, Dec 16, 2008 at 1:48 PM
Subject: A BILL TO BE ENTITLED AN ACT TO REINSTATE ORIGINAL INTENT OF 74TH LEGISLATURE
To: "solomon. ortizjr" <solomon.ortizjr@house.state.tx.us>, Abel.Herrero@house.state.tx.us, info@electtoddhunter.com, rob.eissler@house.state.tx.us, juan.hinojosa@senate.state.tx.us
Cc: lcox@nueces.esc2.net
Dear South Texas Legislators,
A BILL TO BE ENTITLED AN ACT TO REINSTATE ORIGINAL INTENT OF 74TH LEGISLATURE: 74R SB 1 was authored by Senator Ratliff; while the Sponsor was Sadler. In this legislation, the term Recalcitrant Person cogently replaced the "intentionally, knowingly, recklessly, or with criminal negligence failing to require the child to attend school" Parent.
It is respectfully requested this law be considered for amendment and correction for Truant Officer Accountability / responsibility and an affirmative defense to the prosecution under Section 25.093. Below for submission for consideration is a model from which to begin.
Amendment A & B for Parent Contributing to non attendance
Amendment a § 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) [If] When a warning is issued as required by Section 25.095(a), and the parent recalcitrantly or with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 25.094, the parent commits an offense. Amendment b § 25.093. PARENT CONTRIBUTING TO NONATTENDANCE. (a) If a warning is issued as required by Section 25.095(a), the parent recalcitrantly or with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 25.094, the parent commits an offense.§ 25.095. WARNING NOTICES. A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period.
The notice must:
(1) inform the parent that:
(A) it is the Administrator's duty to immediately inform the parent of the student's irregular school attendance as they would inform the Parent of any serious injury or violation of law and require parental recognition in writing. (B) it is the Attendance Officer's duty to regulate school attendance and refer student's with irregular attendance patterns to the Principal(C) it is the parent's duty to be accessible to school administration and require the student to attend school;
(D) the parent is subject to prosecution under Section 25.093; and(E) if a parent did not receive anotice under Subsection (a) or (b) and
(2) the school district fails to demonstrate the due diligence in providing notice it is an affirmative defense to the prosecution under Section 25.093
(2) request a conference between school officials and the parent to discuss the absences. (3)It is an affirmative defense to
the prosecution under Section 25.093 if
(A) A Parent whose child is in
attendance at the beginning
of the school day and (B) The parent is cooperative
with the school administration
(c) In this section, "parent"
includes a person standing
in parental relation. (4) Be mailed by Certified Mail
return receipt requested.
--
Kenedeño & Associates
Phone (361) 774-9103
--
Kenedeño & Associates
Phone (361) 774-9103
