By Hawley                                             H.B. No. 2533
       74R7771 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for admission to public schools.
    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)-(k) to read
    1-6  as follows:
    1-7        Sec. 21.031.  ADMISSION.  (a)  All children <who are citizens
    1-8  of the United States or legally admitted aliens and> who are five
    1-9  years of age or older and under the age of 21 years on the first
   1-10  day of September of any scholastic year shall be entitled to the
   1-11  benefits of the Available School Fund for that year.  All other
   1-12  children enrolled in a prekindergarten class under Section 21.136
   1-13  of this code are entitled to the benefits of the Available School
   1-14  Fund.
   1-15        (b)  Every child in this state  <who is a citizen of the
   1-16  United States or a legally admitted alien and> who is over the age
   1-17  of five years and not over the age of 21 years on the first day of
   1-18  September of the year in which admission is sought shall be
   1-19  permitted to attend the public free schools of the district in
   1-20  which:
   1-21              (1)  the child and one of the following persons reside
   1-22  <or his parent resides> at the time  the child <he> applies for
   1-23  admission:
   1-24                    (A)  either of the child's parents; <the child
    2-1  and his>
    2-2                    (B)  the child's guardian; <or other>
    2-3                    (C)  a person having lawful control of the child
    2-4  <him> under an order of a court; or,
    2-5                    (D)  if allowed by board policy, a person showing
    2-6  other evidence of legal responsibility for the child <reside at the
    2-7  time he applies for admission>;
    2-8              (2)  the child resides, if the child is 18 years of age
    2-9  or older or the child's disabilities of minority have been removed
   2-10  under Chapter 31, Family Code; or
   2-11              (3)  the child has established a separate residence
   2-12  under Subsection (d) of this section.
   2-13        A district may require evidence that a child is eligible to
   2-14  attend the public free schools of the district at the time the
   2-15  district considers an application for admission of the child.
   2-16        (c)  The board of trustees of any public free school district
   2-17  of this state or its designee shall admit into the public free
   2-18  schools of the district free of tuition all persons <who are either
   2-19  citizens of the United States or legally admitted aliens and> who
   2-20  are over five and not over 21 years of age at the beginning of the
   2-21  scholastic year if:
   2-22              (1)  any of the residency requirements listed under
   2-23  Subsection (b) of this section are satisfied; <such person or
   2-24  either parent of the person resides within the school district>;
   2-25              (2)  <such person and his guardian or other person
   2-26  having lawful control of him under an order of a court reside
   2-27  within the school district;>
    3-1              <(3)  such person has established a separate residence
    3-2  under Subsection (d) of this section;>
    3-3              <(4)>  such person is homeless, as defined by 42
    3-4  U.S.C.A. Sec.  11302, regardless of the residence of the person, of
    3-5  either parent of the person, or of the person's guardian or other
    3-6  person having lawful control of him; or
    3-7              (3) <(5)>  the person is a foreign exchange student
    3-8  placed with a host family that resides in the school district by a
    3-9  nationally recognized  foreign exchange program, unless the school
   3-10  district has applied for and been granted a waiver by the
   3-11  commissioner of education due to the hardship this requirement
   3-12  would impose on the district.
   3-13        A district may make reasonable inquiries to verify a person's
   3-14  eligibility for admission.
   3-15        (d)  In order for a person under the age of 18 years to
   3-16  establish a residence for the purpose of attending the public free
   3-17  schools separate and apart from his parent, guardian, or other
   3-18  person having lawful control of him under an order of a court, it
   3-19  must be established that his presence in the school district is not
   3-20  for the primary purpose of attending the public free schools of the
   3-21  district <participation in extracurricular activities>.  The board
   3-22  of trustees or its designee shall be responsible for  determining
   3-23  whether an applicant for admission is a resident of the school
   3-24  district for purposes of attending the public schools.<, and> The
   3-25  board of trustees of the district may adopt reasonable guidelines
   3-26  for making a determination as necessary to protect the best
   3-27  interest of students.
    4-1        (i)  If a child, child's parent, legal guardian, other person
    4-2  having lawful control of the child under order of a court, or other
    4-3  person showing other evidence of legal responsibility  for the
    4-4  child ceases be a resident of the school district to which the
    4-5  child has been admitted under this section, the district which has
    4-6  admitted the child may, in its discretion, determine that the child
    4-7  is no longer eligible to attend school in that district.
    4-8        (j)  The board of trustees of any school district may, upon
    4-9  such terms as it may deem just and proper, admit pupils either over
   4-10  or under the school age, either in or out of the district, but in
   4-11  admitting such pupils the board shall ensure that the schools are
   4-12  not overcrowded to the neglect and injury of pupils within the
   4-13  scholastic age.
   4-14        (k)  A child younger than 18 years of age whose disabilities
   4-15  of minority have not been removed under Chapter 31, Family Code,
   4-16  shall be enrolled by a parent, guardian, or, if allowed by board
   4-17  policy, other person showing other evidence of legal responsibility
   4-18  for the child.  When no person having responsibility can be
   4-19  identified and located, the district receiving the child's
   4-20  application for enrollment shall notify the Texas Department of
   4-21  Protective and Regulatory Services and enroll the child under this
   4-22  section.  The district shall direct all required notices, consent
   4-23  or other communications with the parent of the child to the Texas
   4-24  Department of Protective and Regulatory Services, unless otherwise
   4-25  directed by that agency.
   4-26        SECTION 2.  The importance of this legislation and the
   4-27  crowded condition of the calendars in both houses create an
    5-1  emergency and an imperative public necessity that the
    5-2  constitutional rule requiring bills to be read on three several
    5-3  days in each house be suspended, and that this Act take effect and
    5-4  be in force from and after its passage, and it is so enacted.