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78R8185 BDH-D


By:  Quintanilla                                                  H.B. No. 2013



A BILL TO BE ENTITLED

AN ACT

relating to admission and enrollment of certain children attending 
public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.001(d), Education Code, is amended to 
read as follows:
	(d)  For a person under the age of 18 years to establish a 
residence for the purpose of attending the public schools separate 
and apart from the person's parent, guardian, or other person 
having lawful control of the person under a court order, it must be 
established that the person's presence in the school district is 
not for the primary purpose of participation in extracurricular 
activities.  The board of trustees shall determine whether an 
applicant for admission is a resident of the school district for 
purposes of attending the public schools and may adopt reasonable 
guidelines for making a determination as necessary to protect the 
best interests of students.  The board of trustees is not required 
to admit a person under this subsection if [the person]:
		(1)  the person has engaged in conduct or misbehavior 
within the preceding year that has resulted in:
			(A)  removal to an alternative education program; 
or                       
			(B)  expulsion;                                                              
		(2)  the person has engaged in delinquent conduct or 
conduct in need of supervision and is on probation or other 
conditional release for that conduct; [or]
		(3)  the person has been convicted of a criminal 
offense and is on probation or other conditional release; or
		(4)  the board determines that the person's presence in 
the district is primarily for the purpose of avoiding enrollment in 
a school district outside of this state.
	SECTION 2.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.