1-1 By: Harris of Tarrant S.B. No. 104
1-2 (In the Senate - Filed January 13, 1993; January 14, 1993,
1-3 read first time and referred to Committee on Education;
1-4 March 17, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 17, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 104 By: Harris of Tarrant
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the admission of children to the public free schools.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 21.031, Education Code, is amended by
1-26 amending Subsections (a), (b), (c), and (d) and adding Subsections
1-27 (i) and (j) to read as follows:
1-28 (a) All children <who are citizens of the United States or
1-29 legally admitted aliens and> who are five years of age or older and
1-30 under the age of 21 years on the first day of September of any
1-31 scholastic year shall be entitled to the benefits of the Available
1-32 School Fund for that year. All other children enrolled in a
1-33 prekindergarten class under Section 21.136 of this code are
1-34 entitled to the benefits of the Available School Fund.
1-35 (b) Every child in this state <who is a citizen of the
1-36 United States or a legally admitted alien and> who is over the age
1-37 of five years and not over the age of 21 years on the first day of
1-38 September of the year in which admission is sought shall be
1-39 permitted to attend the public free schools of the district in
1-40 which the child and either <or his> parent reside <resides> at the
1-41 time he applies for admission; the child and his guardian or other
1-42 person having lawful control of him under an order of a court
1-43 reside at the time he applies for admission; the child resides, if
1-44 he is 18 years of age or older or his disabilities of minority have
1-45 been removed under Chapter 31, Family Code; or the child has
1-46 established a separate residence under Subsection (d) of this
1-47 section. A district may require evidence that a child is eligible
1-48 to attend the public free schools of the district at the time the
1-49 district considers an application for admission of the child.
1-50 (c) The board of trustees of any public free school district
1-51 of this state or its designee shall admit into the public free
1-52 schools of the district free of tuition all persons <who are either
1-53 citizens of the United States or legally admitted aliens and> who
1-54 are over five and not over 21 years of age at the beginning of the
1-55 scholastic year if:
1-56 (1) such person and <or> either parent of the person
1-57 reside <resides> within the school district;
1-58 (2) such person resides within the school district and
1-59 is 18 years of age or over or his disabilities of minority have
1-60 been removed under Chapter 31, Family Code;
1-61 (3) such person and his guardian or other person
1-62 having lawful control of him under an order of a court reside
1-63 within the school district;
1-64 (4) <(3)> such person has established a separate
1-65 residence under Subsection (d) of this section; or
1-66 (5) <(4)> such person is homeless, as defined by 42
1-67 U.S.C.A. Sec. 11302, regardless of the residence of the person, of
1-68 either parent of the person, or of the person's guardian or other
2-1 person having lawful control of him.
2-2 (d) In order for a person under the age of 18 years to
2-3 establish a residence for the purpose of attending the public free
2-4 schools separate and apart from his parent, guardian, or other
2-5 person having lawful control of him under an order of a court, it
2-6 must be established that his presence in the school district is not
2-7 for the primary purpose of attending the public free schools of the
2-8 district <participation in extracurricular activities>. The
2-9 district <board of trustees> shall be responsible for determining
2-10 whether an applicant for admission is a resident of the school
2-11 district for purposes of attending the public schools. The board
2-12 of trustees of the district<, and> may adopt reasonable guidelines
2-13 for making a determination as necessary to protect the best
2-14 interest of students.
2-15 (i) No later than three days after receiving an application
2-16 for admission to attend its public free schools under Subsection
2-17 (c)(4) or (5) of this section, a district shall provide to the
2-18 child the free, appropriate public education which would be
2-19 provided to a resident of the district. Regardless of its local
2-20 admission decision, the district shall continue providing such
2-21 education until relieved of this obligation by a regional hearing
2-22 under this subsection. Within three days of a decision denying
2-23 admission to attend its public free schools under Subsection (c)(4)
2-24 or (5) of this section, the district shall cause a record of its
2-25 local proceedings to be transmitted to the regional education
2-26 service center serving that district. The regional education
2-27 service center shall select an official under rules adopted by the
2-28 commissioner of education to take evidence de novo and render a
2-29 decision by a preponderance of the evidence determining which
2-30 district shall admit the child and allow the child to attend its
2-31 public free schools under this section. This regional hearing
2-32 shall not be subject to the Administrative Procedure and Texas
2-33 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
2-34 Appeal to the commissioner of education from the regional decision
2-35 under this subsection shall be determined on the record of the
2-36 regional hearing under the substantial evidence standard of review.
2-37 This subsection does not relieve a person of any liability under
2-38 Subsection (g) of this section or under Section 37.10, Penal Code.
2-39 (j) The commissioner of education shall adopt rules to
2-40 implement this section.
2-41 SECTION 2. Subchapter B, Chapter 21, Education Code, is
2-42 amended by adding Section 21.0314 to read as follows:
2-43 Sec. 21.0314. SURROGATE PARENTS. (a) A school district
2-44 shall ensure the protection of the best interests of a child
2-45 admitted to the public free schools of the district under Section
2-46 21.031(c)(4) or (5) of this code if the child is under 18 years of
2-47 age, when:
2-48 (1) no parent, guardian, or other person having
2-49 lawful control of the child under an order of a court can be
2-50 identified;
2-51 (2) the district, after reasonable efforts, cannot
2-52 discover the whereabouts of a parent, guardian, or other person
2-53 having lawful control of the child under an order of a court; or
2-54 (3) the child is homeless, as defined by 42 U.S.C.A.
2-55 Section 11302, and contacting the child's parent, guardian, or
2-56 other person having lawful control of the child under an order of a
2-57 court would violate federal law governing the education of homeless
2-58 children.
2-59 (b) The district shall assign an individual to act as a
2-60 surrogate for the parents of a child satisfying Subsection (a) of
2-61 this section. If the child is a child with disabilities under 20
2-62 U.S.C.A. Section 1415 and requires a special education surrogate
2-63 under 34 C.F.R. Section 300.514, a surrogate parent shall be
2-64 assigned pursuant to 34 C.F.R. Section 300.514, and the special
2-65 education surrogate may be assigned to act as a surrogate for the
2-66 parents of the child under this section. All Texas public school
2-67 districts shall adopt policies for determining whether a child
2-68 needs a surrogate parent under this section and for assigning a
2-69 surrogate parent to the child, consistent with any rules adopted by
2-70 the State Board of Education under this section.
3-1 (c) The surrogate parent may represent the child and may
3-2 give his or her consent, authorization, or power-of-attorney on
3-3 behalf of the child in any matter relating to the education of the
3-4 child if a parent, guardian, or other person having lawful control
3-5 of the child under an order of a court would have such right.
3-6 (d) The State Board of Education shall adopt rules to
3-7 implement this section.
3-8 SECTION 3. This Act applies beginning with the 1993-1994
3-9 school year.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.
3-17 * * * * *
3-18 Austin,
3-19 Texas
3-20 March 17, 1993
3-21 Hon. Bob Bullock
3-22 President of the Senate
3-23 Sir:
3-24 We, your Committee on Education to which was referred S.B. No. 104,
3-25 have had the same under consideration, and I am instructed to
3-26 report it back to the Senate with the recommendation that it do not
3-27 pass, but that the Committee Substitute adopted in lieu thereof do
3-28 pass and be printed.
3-29 Ratliff,
3-30 Chairman
3-31 * * * * *
3-32 WITNESSES
3-33 FOR AGAINST ON
3-34 ___________________________________________________________________
3-35 Name: Lamont Veatch x
3-36 Representing: Tx Assoc Prine
3-37 City: Austin
3-38 -------------------------------------------------------------------
3-39 Name: Andrew Short x
3-40 Representing: Tx Homeless Network
3-41 City: Austin
3-42 -------------------------------------------------------------------
3-43 Name: Walter O'Hinojosa x
3-44 Representing: Tx Federation of Teachers
3-45 City: Austin
3-46 -------------------------------------------------------------------
3-47 Name: Michael Sanchez x
3-48 Representing: Tx Assoc of School Admin
3-49 City: Austin
3-50 -------------------------------------------------------------------
3-51 Name: Patrick Francis x
3-52 Representing: Tx Assoc of School Boards
3-53 City: Austin
3-54 -------------------------------------------------------------------
3-55 Name: Charles Rotramel x
3-56 Representing: Youth Advocates, Inc.
3-57 City: Houston
3-58 -------------------------------------------------------------------
3-59 Name: Shannon Noble x
3-60 Representing: Tx Network of Youth Services
3-61 City: Austin
3-62 -------------------------------------------------------------------
3-63 FOR AGAINST ON
3-64 ___________________________________________________________________
3-65 Name: Nan Seidenfeld x
3-66 Representing: Walsh, Underwood & Sdwlze
3-67 City: San Antonio
3-68 -------------------------------------------------------------------
3-69 Name: Kevin O'Hanlon x
3-70 Representing: Tx Education Agency
4-1 City: Austin
4-2 -------------------------------------------------------------------
4-3 Name: Cheryl Mehl x
4-4 Representing: Tx Assoc of School Boards
4-5 City: Austin
4-6 -------------------------------------------------------------------
4-7 Name: Maurice Rawlings x
4-8 Representing: Hurst-Euless-Bedford ISD
4-9 City: Bedford
4-10 -------------------------------------------------------------------
4-11 Name: Alan Bookman x
4-12 Representing: Assoc of Tx Prof. Educators
4-13 City: Austin
4-14 -------------------------------------------------------------------
4-15 Name: Judge Anderson Walsh x
4-16 Representing: Tx Council of School
4-17 City:
4-18 -------------------------------------------------------------------
4-19 Name: Barbara Wand x
4-20 Representing: Texas Education Agency
4-21 City: Austin
4-22 -------------------------------------------------------------------