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.