73R10555 CAS-D
By Harris of Tarrant S.B. No. 104
Substitute the following for S.B. No. 104:
By Grusendorf C.S.S.B. No. 104
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admission of children to public school.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.031, Education Code, is amended by
1-5 amending Subsections (a)-(d) and adding Subsections (i) and (j) to
1-6 read as follows:
1-7 (a) All children who are <citizens of the United States or
1-8 legally admitted aliens and who are> five years of age or older and
1-9 under the age of 21 years on the first day of September of any
1-10 scholastic year shall be entitled to the benefits of the Available
1-11 School Fund for that year. All other children enrolled in a
1-12 prekindergarten class under Section 21.136 of this code are
1-13 entitled to the benefits of the Available School Fund.
1-14 (b) Every child in this state who is <a citizen of the
1-15 United States or a legally admitted alien and who is> over the age
1-16 of five years and not over the age of 21 years on the first day of
1-17 September of the year in which admission is sought shall be
1-18 permitted to attend the public free schools of the district in
1-19 which the child or either <his> parent resides at the time he
1-20 applies for admission; the child and his guardian or other person
1-21 having lawful control of him under an order of a court reside at
1-22 the time he applies for admission; the child resides, if the child
1-23 is 18 years of age or older or the child's disabilities of minority
1-24 have been removed under Chapter 31, Family Code; or the child has
2-1 established a separate residence under Subsection (d) of this
2-2 section. A child admitted under this subsection shall be permitted
2-3 to continue in attendance at the public free schools of the
2-4 district through the end of the school year and, if the child
2-5 admitted is a junior in high school, the child shall be permitted
2-6 to continue in attendance at the public free schools of the
2-7 district through the end of the child's senior year. The burden of
2-8 proof shall be on the district to establish by a preponderance of
2-9 the <A district may require> evidence that a child is not eligible
2-10 to attend the public free schools of the district at the time the
2-11 district considers an application for admission of the child.
2-12 (c) The board of trustees of any public free school district
2-13 of this state or its designee shall admit into the public free
2-14 schools of the district free of tuition all persons who are <either
2-15 citizens of the United States or legally admitted aliens and who
2-16 are> over five and not over 21 years of age at the beginning of the
2-17 scholastic year if:
2-18 (1) such person or either parent of the person resides
2-19 within the school district;
2-20 (2) such person resides within the school district and
2-21 is 18 years of age or older or the child's disabilities of minority
2-22 have been removed under Chapter 31, Family Code;
2-23 (3) such person and his guardian or other person
2-24 having lawful control of him under an order of a court reside
2-25 within the school district;
2-26 (4) <(3)> such person has established a separate
2-27 residence under Subsection (d) of this section; or
3-1 (5) <(4)> such person is homeless, as defined by 42
3-2 U.S.C.A. Sec. 11302, regardless of the residence of the person, of
3-3 either parent of the person, or of the person's guardian or other
3-4 person having lawful control of him.
3-5 (d) In order for a person under the age of 18 years to
3-6 establish a residence for the purpose of attending the public free
3-7 schools separate and apart from his parent, guardian, or other
3-8 person having lawful control of him under an order of a court, it
3-9 must be established that his presence in the school district is not
3-10 for the primary purpose of attending the public free schools of the
3-11 district <participation in extracurricular activities>. The
3-12 district <board of trustees> shall be responsible for determining
3-13 whether an applicant for admission is a resident of the school
3-14 district for purposes of attending the public schools. The board
3-15 of trustees of the district<, and> may adopt reasonable guidelines
3-16 for making a determination as necessary to protect the best
3-17 interest of students.
3-18 (i) A child denied admission to attend the public free
3-19 schools of a school district under this section may appeal to a
3-20 justice of the peace of the county and precinct in which the child,
3-21 a parent of the child, or a guardian of the child resides or in
3-22 which the district is located. An appeal before the justice of the
3-23 peace is by trial de novo. The justice of the peace shall decide
3-24 the matter by a preponderance of the evidence and shall ensure
3-25 that the best interests of the child are protected. The justice of
3-26 the peace shall recognize a surrogate parent appointed under
3-27 Section 21.0314 of this code or under 34 C.F.R. Section 300.514 and
4-1 may not remove or otherwise replace the surrogate parent. Costs of
4-2 appeal shall be assigned to the district by the justice of the
4-3 peace. On receipt of written notice of an appeal under this
4-4 subsection, a school district shall admit the child to the public
4-5 free schools of the district while the appeal is pending and until
4-6 further order by the justice of the peace. This subsection does
4-7 not relieve a person of any liability under Subsection (g) of this
4-8 section or under Section 37.10, Penal Code.
4-9 (j) The commissioner of education shall adopt rules to
4-10 implement this section.
4-11 SECTION 2. Subchapter B, Chapter 21, Education Code, is
4-12 amended by adding Section 21.0314 to read as follows:
4-13 Sec. 21.0314. SURROGATE PARENTS. (a) A school district
4-14 shall ensure that the best interests of a child admitted to a
4-15 school in the district under Section 21.031(c)(4) or (5) of this
4-16 code are protected and, except as provided by Subsection (b) of
4-17 this section, shall assign an individual to act as a surrogate for
4-18 the parents of the child in any proceedings under Section
4-19 21.031(c)(4) or (5) of this code if the child is under 18 years of
4-20 age and:
4-21 (1) the district cannot identify a parent, guardian,
4-22 or other person having lawful control of the child under an order
4-23 of a court;
4-24 (2) the district, after reasonable efforts, cannot
4-25 discover the whereabouts of a parent, guardian, or other person
4-26 having lawful control of the child under an order of a court; or
4-27 (3) the child is homeless, as defined by 42 U.S.C.A.
5-1 Sec. 11302, and contacting the child's parent, guardian, or other
5-2 person having lawful control of the child under an order of a court
5-3 would violate federal law governing the education of homeless
5-4 children.
5-5 (b) If a child is a child with disabilities as defined by 20
5-6 U.S.C.A. Sec. 1401 who is entitled to a special education
5-7 surrogate under 34 C.F.R. Section 300.514:
5-8 (1) the appropriate public agency shall assign a
5-9 surrogate parent as provided by 34 C.F.R. Section 300.514; and
5-10 (2) the school district may assign the surrogate
5-11 parent to act as a surrogate under this section.
5-12 (c) Each school district shall adopt policies for
5-13 determining whether a child needs a surrogate parent, and for
5-14 assigning a surrogate parent to the child, consistent with rules
5-15 adopted by the State Board of Education under this section. Except
5-16 as provided by Subsection (b) of this section, a school district
5-17 may assign a surrogate parent for purposes other than those
5-18 provided under Subsection (a) of this section.
5-19 (d) A surrogate parent may represent a child and may give
5-20 consent, authorization, or a power of attorney on behalf of the
5-21 child in any matter relating to the education of the child if a
5-22 parent, guardian, or other person having lawful control of the
5-23 child under an order of a court would have the right to give
5-24 consent, authorization, or a power of attorney.
5-25 (e) The State Board of Education shall adopt rules to
5-26 implement this section.
5-27 SECTION 3. This Act applies beginning with the 1993-1994
6-1 school year.
6-2 SECTION 4. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended,
6-7 and that this Act take effect and be in force from and after its
6-8 passage, and it is so enacted.