1-1     By:  Luna                                              S.B. No. 462

 1-2           (In the Senate - Filed February 5, 1997; February 10, 1997,

 1-3     read first time and referred to Committee on Education;

 1-4     April 3, 1997, reported favorably by the following vote:  Yeas 10,

 1-5     Nays 0; April 3, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the residency requirement for admission into the public

 1-9     schools of a school district.


1-11           SECTION 1.  Subsection (b), Section 25.001, Education Code,

1-12     is amended to read as follows:

1-13           (b)  The board of trustees of a school district or its

1-14     designee shall admit into the public schools of the district free

1-15     of tuition a person who is over five and younger than 21 years of

1-16     age on the first day of September of the school year in which

1-17     admission is sought if:

1-18                 (1)  the person and either parent of the person reside

1-19     in the school district, or if the person does not reside in the

1-20     school district, one of the parents resides in the school district

1-21     and that parent has joint custody and is a joint managing

1-22     conservator of the person;

1-23                 (2)  the person and the person's guardian or other

1-24     person having lawful control of the person under a court order

1-25     reside within the school district;

1-26                 (3)  the person has established a separate residence

1-27     under Subsection (d);

1-28                 (4)  the person is homeless, as defined by 42 U.S.C.

1-29     Section 11302, regardless of the residence of the person, of either

1-30     parent of the person, or of the person's guardian or other person

1-31     having lawful control of the person;

1-32                 (5)  the person is a foreign exchange student placed

1-33     with a host family that resides in the school district by a

1-34     nationally recognized foreign exchange program, unless the school

1-35     district has applied for and been granted a waiver by the

1-36     commissioner under Subsection (e); or

1-37                 (6)  the person resides in the school district and is

1-38     18 years of age or older or the person's disabilities of minority

1-39     have been removed.

1-40           SECTION 2.  This Act applies beginning with the 1997-1998

1-41     school year.

1-42           SECTION 3.  The importance of this legislation and the

1-43     crowded condition of the calendars in both houses create an

1-44     emergency and an imperative public necessity that the

1-45     constitutional rule requiring bills to be read on three several

1-46     days in each house be suspended, and this rule is hereby suspended,

1-47     and that this Act take effect and be in force from and after its

1-48     passage, and it is so enacted.

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