78R7516 CAS-D

By:  Rodriguez                                                    H.B. No. 2289



A BILL TO BE ENTITLED

AN ACT

relating to open-enrollment charter schools that are part of  
residential facilities for children who receive special education 
services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 12, Education Code, is 
amended by adding Section 12.131 to read as follows:
	Sec. 12.131.  OPEN-ENROLLMENT CHARTER SCHOOLS PART OF 
RESIDENTIAL FACILITIES.  (a)  Section 25.082(a) applies to an 
open-enrollment charter school that is part of a residential 
facility under Section 29.012.
	(b)  An open-enrollment charter school that is part of a 
residential facility under Section 29.012 may not admit into the 
school a person placed in the facility unless the parent or person 
assigned under 20 U.S.C. Section 1415 or 1439, as amended, to be the 
surrogate parent of the person placed in the facility submits for 
that person an application for admission to the school that is 
provided by the school separately from any written material 
provided by the facility.
	SECTION 2.  Section 29.012, Education Code, is amended by 
amending Subsection (a) and adding Subsection (e) to read as 
follows:
	(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.
	(e)  A residential facility that includes an open-enrollment 
charter school program may not make it a condition of acceptance to 
the facility that a person attend the charter school.  The agency or 
political subdivision that funds, licenses, certifies, contracts 
with, or regulates the residential facility must require the 
facility to comply with this subsection as a condition of funding, 
licensing, certification, or contracting.
	SECTION 3.  This Act takes effect September 1, 2003.