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
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   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
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