Floor Packet Page No. 132
Amend CSSB 4 by adding the following appropriately numbered
SECTIONS to the bill and renumbering the subsequent SECTIONS of the
bill accordingly:
SECTION ___. Section 5.001, Education Code, is amended by
adding Subdivision (8) to read as follows:
(8) "Residential facility" means:
(A) a facility operated by a state agency or
political subdivision, including a child placement agency, that
provides 24-hour custody or care of a person 22 years of age or
younger, if the person resides in the facility for detention,
treatment, foster care, or any noneducational purpose; and
(B) any person or entity that contracts with or
is funded, licensed, certified, or regulated by a state agency or
political subdivision to provide custody or care for a person under
Paragraph (A).
SECTION ___. Section 25.001(b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the district free
of tuition a person who is over five and younger than 21 years of
age on the first day of September of the school year in which
admission is sought if:
(1) the person and either parent of the person reside
in the school district;
(2) the person does not reside in the school district
but a parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other
person having lawful control of the person under a court order
reside within the school district;
(4) the person has established a separate residence
under Subsection (d);
(5) the person is homeless, as defined by 42 U.S.C.
Section 11302, regardless of the residence of the person, of either
parent of the person, or of the person's guardian or other person
having lawful control of the person;
(6) the person is a foreign exchange student placed
with a host family that resides in the school district by a
nationally recognized foreign exchange program, unless the school
district has applied for and been granted a waiver by the
commissioner under Subsection (e);
(7) the person resides at a residential facility
located in the district; or
(8) <(7)> the person resides in the school district
and is 18 years of age or older or the person's disabilities of
minority have been removed.
SECTION ____. Section 25.003(a), Education Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this code, a
school district shall charge tuition for a child who resides at a
residential facility <child-care institution> and whose maintenance
expenses are paid in whole or in part by another state or the
United States <may not be admitted to a public school unless the
child-care institution pays tuition for the child equal to the
actual cost of educating a child enrolled in a similar educational
program in the district>.
SECTION ___. Section 29.012, Education Code, is amended to
read as follows:
Sec. 29.012. RESIDENTIAL <INTERMEDIATE CARE> FACILITIES.
(a) Except as provided by Subsection (b)(2), not later than the
third day after the date a person 22 years of age or younger is
placed in a residential facility, the residential facility shall:
(1) if the person is three years of age or older,
notify the school district in which the facility is located, unless
the facility is an open-enrollment charter school; or
(2) if the person is younger than three years of age,
notify a local early intervention program in the area in which the
facility is located.
(b) An agency or political subdivision that funds, licenses,
certifies, contracts with, or regulates a residential facility
must:
(1) require the facility to comply with Subsection (a)
as a condition of the funding, licensing, certification, or
contracting; or
(2) if the agency or political subdivision places a
person in a residential facility, provide the notice under
Subsection (a) for that person.
(c) For purposes of enrollment in a school, a person who
resides in a residential facility is considered a resident of the
school district or geographical area served by the open-enrollment
charter school in which the facility is located.
(d) The Texas Education Agency, <and> the Texas Department
of Mental Health and Mental Retardation, the Texas Department of
Human Services, the Texas Department of Health, the Department of
Protective and Regulatory Services, the Interagency Council on
Early Childhood Intervention, the Texas Commission on Alcohol and
Drug Abuse, the Texas Juvenile Probation Commission, and the Texas
Youth Commission by a cooperative effort shall develop and by rule
adopt a memorandum of understanding. The memorandum must:
(1) establish <that establishes> the respective
responsibilities of school districts and of residential
<intermediate care> facilities for <mentally retarded persons for>
the provision of a free, appropriate public education, as required
by the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.) and its subsequent amendments, including each
requirement of 20 U.S.C. Section 1412(a)(12), <classrooms and
educationally related therapy> for children with disabilities
<students> who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school can provide educational services and when a residential
facility must provide the services;
(4) provide for appropriate educational space when a
residential facility must provide educational services;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
<(b) The division of responsibilities under the memorandum
of understanding must be consistent with federal law relating to
the state medical assistance program.>