1-1 By: Armbrister S.B. No. 526
1-2 (In the Senate - Filed February 2, 2001; February 5, 2001,
1-3 read first time and referred to Committee on Education;
1-4 April 17, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 1; April 17, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 526 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the age at which a child may be admitted to public
1-11 school.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (a) and (b), Section 25.001,
1-14 Education Code, are amended to read as follows:
1-15 (a) A person who was [is] at least five years of age on May
1-16 31 of the preceding school year and is under 21 years of age on the
1-17 first day of September of the [any] school year is entitled to the
1-18 benefits of the available school fund for that school year. Any
1-19 other person enrolled in a prekindergarten class under Section
1-20 29.153 is entitled to the benefits of the available school fund.
1-21 (b) The board of trustees of a school district or its
1-22 designee shall admit into the public schools of the district free
1-23 of tuition a person who is entitled to the benefits of the
1-24 available school fund under Subsection (a) for [over five and
1-25 younger than 21 years of age on the first day of September of] the
1-26 school year in which admission is sought if:
1-27 (1) the person and either parent of the person reside
1-28 in the school district;
1-29 (2) the person does not reside in the school district
1-30 but a parent of the person resides in the school district and that
1-31 parent is a joint managing conservator or the sole managing
1-32 conservator or possessory conservator of the person;
1-33 (3) the person and the person's guardian or other
1-34 person having lawful control of the person under a court order
1-35 reside within the school district;
1-36 (4) the person has established a separate residence
1-37 under Subsection (d);
1-38 (5) the person is homeless, as defined by 42 U.S.C.
1-39 Section 11302, regardless of the residence of the person, of either
1-40 parent of the person, or of the person's guardian or other person
1-41 having lawful control of the person;
1-42 (6) the person is a foreign exchange student placed
1-43 with a host family that resides in the school district by a
1-44 nationally recognized foreign exchange program, unless the school
1-45 district has applied for and been granted a waiver by the
1-46 commissioner under Subsection (e);
1-47 (7) the person resides at a residential facility
1-48 located in the district; or
1-49 (8) the person resides in the school district and is
1-50 18 years of age or older or the person's disabilities of minority
1-51 have been removed.
1-52 SECTION 2. Subsection (a), Section 25.036, Education Code,
1-53 is amended to read as follows:
1-54 (a) Any child, other than a high school graduate, who is
1-55 entitled to the benefits of the available school fund under Section
1-56 25.001(a) [younger than 21 years of age and eligible for enrollment
1-57 on September 1 of any school year] may transfer annually from the
1-58 child's school district of residence to another district in this
1-59 state if both the receiving district and the applicant parent or
1-60 guardian or person having lawful control of the child jointly
1-61 approve and timely agree in writing to the transfer.
1-62 SECTION 3. Section 29.151, Education Code, is amended to
1-63 read as follows:
1-64 Sec. 29.151. FREE KINDERGARTEN. The board of trustees of
2-1 each school district shall establish and maintain one or more
2-2 kindergartens for the training of children residing in the district
2-3 who were [are] at least five years of age on May 31 [September 1]
2-4 of the preceding school year.
2-5 SECTION 4. Subsections (a) and (c), Section 42.003,
2-6 Education Code, are amended to read as follows:
2-7 (a) A student is entitled to the benefits of the Foundation
2-8 School Program if the student is entitled to the benefits of the
2-9 available school fund under Section 25.001(a) [5 years of age or
2-10 older and under 21 years of age on September 1 of the school year]
2-11 and has not graduated from high school.
2-12 (c) A child may be enrolled in the first grade if the child
2-13 was [is] at least six years of age on May 31 [at the beginning] of
2-14 the preceding school year [of the district] or has been enrolled in
2-15 the first grade or has completed kindergarten in the public schools
2-16 in another state before transferring to a public school in this
2-17 state.
2-18 SECTION 5. This Act applies beginning with the 2002-2003
2-19 school year.
2-20 SECTION 6. This Act takes effect July 1, 2002.
2-21 * * * * *