SRC-TAG C.S.S.B. 1732 78(R)         BILL ANALYSIS


Senate Research CenterC.S.S.B. 1732
78R11175 MCK-DBy: Gallegos
Education
5/9/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, Texas law requires the Texas Department of Protective and
Regulatory Services (DPRS) to enroll a minor ward of the state in school
upon placement in substitute care. However, the existing code fails to
specify a time frame by which the child must be enrolled in and attending
school.  C.S.S.B. 1732 requires  the Texas Department of Protective and
Regulatory Services to ensure that a child in its possession returns to
school within three days after DPRS takes possession of the child, unless
the child has a physical or mental condition making the child's attendance
infeasible. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 264, Family Code, by adding
Section 264.113, as follows: 

Sec.  264.113.  RETURNING CHILD TO SCHOOL.  (a)  Requires the Department
of Protective and Regulatory Services (DPRS), if it takes possession of a
child under Chapter 262 during the school year, to ensure that the child
returns to school by the third school day after the date an order is
rendered providing for possession of the child by DPRS, unless the child
has a physical or mental condition of a temporary and remediable nature
that makes the child's attendance infeasible.  

(b)  Requires DPRS, if a child has a physical or mental condition of a
temporary and remediable nature that makes the child's attendance in
school infeasible, to notify the school in writing that the child is
unable to attend school.  Requires DPRS, if the child's physical or mental
conditions improves so that child's attendance in school is feasible, to
ensure that the child immediately returns to school. 

SECTION 2.  Amends Section 25.002, Education Code, by adding Subsection
(g) to require the school district to accept a child for enrollment in a
public school without documentation required by Subsection (a) if DPRS has
possession of the child under Chapter 262 (Procedure in Suit by
Governmental Entity To Protect Health and Safety of Child), Family Code.
Requires DPRS to ensure that the documentation required by Subsection (a)
is furnished to the school district by the 30th day after the child is
enrolled in school. 
 
SECTION 3.  Effective: September 1, 2003.