By Gutierrez                                          H.B. No. 3048
       74R255 CAS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the admission of children to public school and to
    1-3  surrogate parents for certain children admitted to public school.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 21.031, Education Code, is amended by
    1-6  amending Subsections (a), (b), (c), and (d) and adding Subsections
    1-7  (i) and (j) to read as follows:
    1-8        (a)  All children <who are citizens of the United States or
    1-9  legally admitted aliens and> who are five years of age or older and
   1-10  under the age of 21 years on the first day of September of any
   1-11  scholastic year shall be entitled to the benefits of the Available
   1-12  School Fund for that year.  All other children enrolled in a
   1-13  prekindergarten class under Section 21.136 of this code are
   1-14  entitled to the benefits of the Available School 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 the child and either <or his> parent reside <resides> at the
   1-21  time he applies for admission; the child and his guardian or other
   1-22  person having lawful control of him under an order of a court
   1-23  reside at the time he applies for admission; the child resides, if
   1-24  the child is 18 years of age or older or has had the disabilities
    2-1  of minority removed under Chapter 31, Family Code; or the child has
    2-2  established a separate residence under Subsection (d) of this
    2-3  section.  A district may require evidence that a child is eligible
    2-4  to attend the public free schools of the district at the time the
    2-5  district considers an application for admission of the child.
    2-6        (c)  The board of trustees of any public free school district
    2-7  of this state or its designee shall admit into the public free
    2-8  schools of the district free of tuition all persons <who are either
    2-9  citizens of the United States or legally admitted aliens and> who
   2-10  are over five and not over 21 years of age at the beginning of the
   2-11  scholastic year if:
   2-12              (1)  such person and <or> either parent of the person
   2-13  reside <resides> within the school district;
   2-14              (2)  such person and his guardian or other person
   2-15  having lawful control of him under an order of a court reside
   2-16  within the school district;
   2-17              (3)  such person has established a separate residence
   2-18  under Subsection (d) of this section;
   2-19              (4)  such person is homeless, as defined by 42 U.S.C.A.
   2-20  Sec. 11302, regardless of the residence of the person, of either
   2-21  parent of the person, or of the person's guardian or other person
   2-22  having lawful control of him; <or>
   2-23              (5)  the person is a foreign exchange student placed
   2-24  with a host family that resides in the school district by a
   2-25  nationally recognized foreign exchange program, unless the school
   2-26  district has applied for and been granted a waiver by the
   2-27  commissioner of education due to the hardship this requirement
    3-1  would impose on the district; or
    3-2              (6)  the person resides in the school district and is
    3-3  18 years of age or over or has had the disabilities of minority
    3-4  removed under Chapter 31, Family Code.
    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 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)  Not later than the third day after the date on which a
   3-19  school district receives an application for admission to its public
   3-20  free schools under Subsection (c)(3) or (4), the district shall
   3-21  provide to the person applying the free, appropriate public
   3-22  education that would be provided to a resident of the district.
   3-23  Even if the district denies a person admission to its public free
   3-24  schools under Subsection (c)(3) or (4), the district shall continue
   3-25  providing the person a free, appropriate public education until
   3-26  either a decision at a regional hearing under this subsection
   3-27  relieves the district of that obligation or the person withdraws or
    4-1  graduates from the district.  Not later than the third day after
    4-2  the date of a decision denying a person admission to its public
    4-3  free schools under Subsection (c)(3) or (4), the district shall
    4-4  provide for transmitting a record of its local proceedings to the
    4-5  regional education service center serving that district.  The
    4-6  regional education service center shall select an official under
    4-7  rules adopted by the commissioner of education to take evidence de
    4-8  novo and render a decision by a preponderance of the evidence
    4-9  determining which district shall admit the person to  its public
   4-10  free schools under this section.  The regional hearing is not
   4-11  subject to Chapter 2001, Government Code.  Appeal to the
   4-12  commissioner of education from the regional decision under this
   4-13  subsection shall be determined on the record of the regional
   4-14  hearing under the substantial evidence standard of review.  This
   4-15  subsection does not relieve a person of any liability under
   4-16  Subsection (g) or under Section 37.10, Penal Code.
   4-17        (j)  The commissioner of education shall adopt rules to
   4-18  implement this section.
   4-19        SECTION 2.  Subchapter B, Chapter 21, Education Code, is
   4-20  amended by adding Section 21.0314 to read as follows:
   4-21        Sec. 21.0314.  SURROGATE PARENTS.  (a)  A school district
   4-22  shall ensure the protection of the best interests of a child
   4-23  admitted to the public free schools of the district under Section
   4-24  21.031(c)(3) or (4) if the child is under 18 years of age and:
   4-25              (1)  a parent, guardian, or other person having
   4-26  lawful  control of the child under an order of a court cannot be
   4-27  identified;
    5-1              (2)  the district, after reasonable efforts, cannot
    5-2  discover the whereabouts of a parent, guardian, or other person
    5-3  having lawful control of the child under an order of a court; or
    5-4              (3)  the child is homeless, as defined by 42 U.S.C.A.
    5-5  Section 11302, and contacting the child's parent, guardian, or
    5-6  other person having lawful control of the child under an order of a
    5-7  court would violate federal law governing the education of homeless
    5-8  children.
    5-9        (b)  The district shall assign an individual to act as a
   5-10  surrogate for the parents of a child to whom Subsection (a)
   5-11  applies.  If the child is a child with disabilities under the
   5-12  Individuals with Disabilities Education Act, 20 U.S.C.A. Section
   5-13  1400 et seq., and requires a special education surrogate under 34
   5-14  C.F.R. Section 300.514, a surrogate parent shall be assigned
   5-15  according to that regulation, and the special education surrogate
   5-16  may be assigned to act as a surrogate for the parents of the child
   5-17  under this section.  Each school district in this state shall adopt
   5-18  a policy for determining whether a child requires a surrogate
   5-19  parent under this section and for assigning a surrogate parent to
   5-20  the child, consistent with any rules adopted by the State Board of
   5-21  Education under this section.
   5-22        (c)  A person assigned to act as a surrogate parent under
   5-23  this section may represent the child and may give consent,
   5-24  authorization, or power-of-attorney on behalf of the child in any
   5-25  matter relating to the education of the child if a parent,
   5-26  guardian, or other person having lawful control of the child under
   5-27  an order of a court would have that right.
    6-1        (d)  The State Board of Education shall adopt rules to
    6-2  implement this section.
    6-3        SECTION 3.  This Act applies beginning with the 1995-1996
    6-4  school year.
    6-5        SECTION 4.  The importance of this legislation and the
    6-6  crowded condition of the calendars in both houses create an
    6-7  emergency and an imperative public necessity that the
    6-8  constitutional rule requiring bills to be read on three several
    6-9  days in each house be suspended, and this rule is hereby suspended,
   6-10  and that this Act take effect and be in force from and after its
   6-11  passage, and it is so enacted.