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House Bill 2619 |
House Author: Naishtat |
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Effective: 9-1-13 |
Senate Sponsor: West et al. |
House Bill 2619 amends provisions of the Family Code and the Education Code to establish procedures for determining and addressing the educational needs of children in the conservatorship of the Department of Family and Protective Services (DFPS). Among other provisions, the bill prescribes the role of a child's guardian ad litem or an attorney ad litem in determining whether the child's educational needs and goals have been identified and addressed, provides for the appointment of a surrogate parent for a child in the conservatorship of DFPS who is eligible to participate in a school district's special education program, and establishes requirements for notifying the court of persons designated or appointed to represent a child for purposes of special education services decision-making. The bill includes determinations regarding a child's education decision-maker and the child's education needs and goals as duties of the court during each permanency hearing and requires DFPS to develop a plan to ensure the educational stability of a foster child.
Current law entitles an enrolled high school student who is placed in temporary foster care by DFPS at a residence outside the attendance area for the school or outside the school district to complete high school at the school in which the student was enrolled at the time of the placement without payment of tuition. House Bill 2619 extends this entitlement to allow such a student enrolled in a primary or secondary public school to continue attending that school until the student successfully completes the school's highest grade level. The bill changes the deadline by which the school records for a student in substitute care are required to be transferred to the student's new school and expands the required duties of the Texas Education Agency in assisting with a student's transition from one school to another. The bill requires a school district to excuse a student who is a child in DFPS conservatorship from attending school for attending a mental health or therapy appointment or a specified court-ordered family visitation.