By: Harris of Tarrant S.B. No. 104
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the admission of children to the public free schools.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 21.031, Education Code, is amended by
1-4 amending Subsections (a), (b), (c), and (d) and adding Subsections
1-5 (i) and (j) to read as follows:
1-6 (a) All children <who are citizens of the United States or
1-7 legally admitted aliens and> who are five years of age or older and
1-8 under the age of 21 years on the first day of September of any
1-9 scholastic year shall be entitled to the benefits of the Available
1-10 School Fund for that year. All other children enrolled in a
1-11 prekindergarten class under Section 21.136 of this code are
1-12 entitled to the benefits of the Available School Fund.
1-13 (b) Every child in this state <who is a citizen of the
1-14 United States or a legally admitted alien and> who is over the age
1-15 of five years and not over the age of 21 years on the first day of
1-16 September of the year in which admission is sought shall be
1-17 permitted to attend the public free schools of the district in
1-18 which the child and either <or his> parent reside <resides> at the
1-19 time he applies for admission; the child and his guardian or other
1-20 person having lawful control of him under an order of a court
1-21 reside at the time he applies for admission; the child resides, if
1-22 he is 18 years of age or older or his disabilities of minority have
1-23 been removed under Chapter 31, Family Code; or the child has
1-24 established a separate residence under Subsection (d) of this
2-1 section. A district may require evidence that a child is eligible
2-2 to attend the public free schools of the district at the time the
2-3 district considers an application for admission of the child.
2-4 (c) The board of trustees of any public free school district
2-5 of this state or its designee shall admit into the public free
2-6 schools of the district free of tuition all persons <who are either
2-7 citizens of the United States or legally admitted aliens and> who
2-8 are over five and not over 21 years of age at the beginning of the
2-9 scholastic year if:
2-10 (1) such person and <or> either parent of the person
2-11 reside <resides> within the school district;
2-12 (2) such person resides within the school district and
2-13 is 18 years of age or over or his disabilities of minority have
2-14 been removed under Chapter 31, Family Code;
2-15 (3) such person and his guardian or other person
2-16 having lawful control of him under an order of a court reside
2-17 within the school district;
2-18 (4) <(3)> such person has established a separate
2-19 residence under Subsection (d) of this section; or
2-20 (5) <(4)> such person is homeless, as defined by 42
2-21 U.S.C.A. Sec. 11302, regardless of the residence of the person, of
2-22 either parent of the person, or of the person's guardian or other
2-23 person having lawful control of him.
2-24 (d) In order for a person under the age of 18 years to
2-25 establish a residence for the purpose of attending the public free
2-26 schools separate and apart from his parent, guardian, or other
2-27 person having lawful control of him under an order of a court, it
3-1 must be established that his presence in the school district is not
3-2 for the primary purpose of attending the public free schools of the
3-3 district <participation in extracurricular activities>. The
3-4 district <board of trustees> shall be responsible for determining
3-5 whether an applicant for admission is a resident of the school
3-6 district for purposes of attending the public schools. The board
3-7 of trustees of the district<, and> may adopt reasonable guidelines
3-8 for making a determination as necessary to protect the best
3-9 interest of students.
3-10 (i) No later than three days after receiving an application
3-11 for admission to attend its public free schools under Subsection
3-12 (c)(4) or (5) of this section, a district shall provide to the
3-13 child the free, appropriate public education which would be
3-14 provided to a resident of the district. Regardless of its local
3-15 admission decision, the district shall continue providing such
3-16 education until relieved of this obligation by a regional hearing
3-17 under this subsection. Within three days of a decision denying
3-18 admission to attend its public free schools under Subsection (c)(4)
3-19 or (5) of this section, the district shall cause a record of its
3-20 local proceedings to be transmitted to the regional education
3-21 service center serving that district. The regional education
3-22 service center shall select an official under rules adopted by the
3-23 commissioner of education to take evidence de novo and render a
3-24 decision by a preponderance of the evidence determining which
3-25 district shall admit the child and allow the child to attend its
3-26 public free schools under this section. This regional hearing
3-27 shall not be subject to the Administrative Procedure and Texas
4-1 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
4-2 Appeal to the commissioner of education from the regional decision
4-3 under this subsection shall be determined on the record of the
4-4 regional hearing under the substantial evidence standard of review.
4-5 This subsection does not relieve a person of any liability under
4-6 Subsection (g) of this section or under Section 37.10, Penal Code.
4-7 (j) The commissioner of education shall adopt rules to
4-8 implement this section.
4-9 SECTION 2. Subchapter B, Chapter 21, Education Code, is
4-10 amended by adding Section 21.0314 to read as follows:
4-11 Sec. 21.0314. SURROGATE PARENTS. (a) A school district
4-12 shall ensure the protection of the best interests of a child
4-13 admitted to the public free schools of the district under Section
4-14 21.031(c)(4) or (5) of this code if the child is under 18 years of
4-15 age, when:
4-16 (1) no parent, guardian, or other person having
4-17 lawful control of the child under an order of a court can be
4-18 identified;
4-19 (2) the district, after reasonable efforts, cannot
4-20 discover the whereabouts of a parent, guardian, or other person
4-21 having lawful control of the child under an order of a court; or
4-22 (3) the child is homeless, as defined by 42 U.S.C.A.
4-23 Section 11302, and contacting the child's parent, guardian, or
4-24 other person having lawful control of the child under an order of a
4-25 court would violate federal law governing the education of homeless
4-26 children.
4-27 (b) The district shall assign an individual to act as a
5-1 surrogate for the parents of a child satisfying Subsection (a) of
5-2 this section. If the child is a child with disabilities under 20
5-3 U.S.C.A. Section 1415 and requires a special education surrogate
5-4 under 34 C.F.R. Section 300.514, a surrogate parent shall be
5-5 assigned pursuant to 34 C.F.R. Section 300.514, and the special
5-6 education surrogate may be assigned to act as a surrogate for the
5-7 parents of the child under this section. All Texas public school
5-8 districts shall adopt policies for determining whether a child
5-9 needs a surrogate parent under this section and for assigning a
5-10 surrogate parent to the child, consistent with any rules adopted by
5-11 the State Board of Education under this section.
5-12 (c) The surrogate parent may represent the child and may
5-13 give his or her consent, authorization, or power-of-attorney on
5-14 behalf of the child in any matter relating to the education of the
5-15 child if a parent, guardian, or other person having lawful control
5-16 of the child under an order of a court would have such right.
5-17 (d) The State Board of Education shall adopt rules to
5-18 implement this section.
5-19 SECTION 3. This Act applies beginning with the 1993-1994
5-20 school year.
5-21 SECTION 4. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
5-26 and that this Act take effect and be in force from and after its
5-27 passage, and it is so enacted.