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.