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.