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.