By Coleman                                      H.B. No. 1986

      75R7378 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to surrogate parents for certain public school students.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter A, Chapter 25, Education Code, is

 1-5     amended by adding Section 25.0011 to read as follows:

 1-6           Sec. 25.0011.  SURROGATE PARENTS.  (a)  A school district

 1-7     shall ensure the protection of the best interests of a child

 1-8     admitted to the public  schools of the district under Section

 1-9     25.001(b)(4) if the child is under 18 years of age and:

1-10                 (1)  a parent, guardian, or other person having

1-11     lawful  control of the child under an order of a court cannot be

1-12     identified; or

1-13                 (2)  the district, after reasonable efforts, cannot

1-14     discover the whereabouts of a parent, guardian, or other person

1-15     having lawful control of the child under an order of a court.

1-16           (b)  The district shall assign a person to act as a surrogate

1-17     for the parents of a child to whom Subsection (a) applies.  If the

1-18     child is a child with disabilities under the Individuals with

1-19     Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and

1-20     requires a special education surrogate under 34 C.F.R. Section

1-21     300.514, a surrogate parent shall be assigned according to that

1-22     regulation, and the special education surrogate may be assigned to

1-23     act as a surrogate for the parents of the child under this section.

1-24           (c)  Each school district in this state shall adopt a policy

 2-1     for determining whether a child requires a surrogate parent under

 2-2     this section and for assigning a surrogate parent to the child,

 2-3     consistent with any rules adopted by the State Board of Education

 2-4     under this section.

 2-5           (d)  A person assigned to act as a surrogate parent under

 2-6     this section may represent the child and may give consent,

 2-7     authorization, or power-of-attorney on behalf of the child in any

 2-8     matter relating to the education of the child if a parent,

 2-9     guardian, or other person having lawful control of the child under

2-10     an order of a court would have that right.

2-11           SECTION 2.  This Act applies beginning with the 1997-1998

2-12     school year.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended,

2-18     and that this Act take effect and be in force from and after its

2-19     passage, and it is so enacted.