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.