C.S.H.B. 1050 78(R)    BILL ANALYSIS


C.S.H.B. 1050
By: Olivo
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law requires that upon determination of need, a child may
be placed in foster care within a certain amount of time.  The Department
of Protective Services is then required to place that child in the school
district where the foster family resides.  However, there is no time frame
by which to place the child in school, and frequently, a child is not
enrolled for weeks, and in some cases, longer. Experts in the field
suggest that the impending trauma of foster care placement makes early
school placement necessary because it provides a child with structure,
familiarity and supervision.  

C.S.H.B.1050 would require the department to enroll the child in the new
school within three days of foster placement, unless the child has a
physical or mental condition of a temporary and remedial nature that makes
the child's attendance infeasible. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION  1.   Amends Subchapter B, Chapter 264, Family Code, by adding
Section 264.113 which provides that if the department  takes possession of
a child under Chapter 262 during the school year, the department shall
ensure that the child returns to school not later than the third day after
the date the department takes possession of the child, unless the child
has a physical or mental condition of a temporary and remedial nature that
makes the child's attendance infeasible. If a child has a physical or
mental condition of a temporary or remediable nature that makes the
child's attendance in school infeasible, the department shall notify the
school in writing that the child is unable to attend school, if the
child's condition improves, the department shall ensure that the child
returns to school immediately. 

SECTION 2.  Amends Section 25.002, Education Code, by adding Subsection
(g) to provide that a school district shall accept a child for enrollment
in a public school without documentation required by Subsection (a) if the
Department of Protective and Regulatory Services has taken possession of
the child under Chapter 262, Family Code. The department shall ensure that
the documentation required is furnished to the school district not later
than the 30th day after the date the child is enrolled in the school.  

SECTION 3.This Act takes effect September 1, 2003. 


EFFECTIVE DATE

 September 1, 2003.




COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.1050 modifies the original H.B.1050 by providing that if a child
has a physical or mental condition of a temporary or remediable nature
that makes the child's attendance in school infeasible, the department
shall notify the school in writing that the child is unable to attend
school, if the child's condition improves, the department shall ensure
that the child returns to school immediately. 
Additionally, C.S.H.B.1050 amends Sections 25.002, Education Code, by
providing that a school district shall accept a child for enrollment in a
public school without documentation required by Subsection (a) if the
Department of Protective and Regulatory Services has taken possession of
the child under Chapter 262, Family Code.