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A BILL TO BE ENTITLED
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AN ACT
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relating to authorization for a caregiver who is a relative to |
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enroll a child in school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Family Code, is amended by |
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adding Chapter 34 to read as follows: |
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CHAPTER 34. RIGHTS OF RELATIVE CAREGIVER |
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Sec. 34.001. DEFINITION. In this chapter, "relative" means |
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someone related to a child by consanguinity or affinity, as |
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determined under Sections 573.022 and 573.024, Government Code, |
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respectively. |
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Sec. 34.002. AFFIDAVIT OF CAREGIVER. A caregiver of a child |
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who is a relative of the child may execute an affidavit indicating |
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that: |
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(1) the child primarily resides with the caregiver; |
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and |
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(2) either: |
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(A) the parent or legal guardian has been advised |
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that the caregiver will be making educational for the child and the |
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parent or guardian has not objected; or |
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(B) the parent or legal guardian cannot be |
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contacted for authorization. |
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Sec. 34.003. RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a) |
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A caregiver may provide the affidavit under this chapter to a school |
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or school district to enroll the child in school. |
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(b) If the child no longer resides with the caregiver or if |
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the child's parent or guardian objects to the caregiver's |
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authorization, the affidavit is invalid and the caregiver shall |
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notify all parties to whom the caregiver provided the affidavit, |
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including the child's school. |
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Sec. 34.004. EFFECT OF AFFIDAVIT. (a) A person who relies |
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in good faith on a caregiver's authorization affidavit under this |
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chapter is not subject to civil or criminal liability to any person, |
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and is not subject to professional disciplinary action, for that |
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reliance if the form is completed as required by this chapter. |
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(b) The caregiver's authorization affidavit does not affect |
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the rights of the child's parent or legal guardian regarding the |
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care, custody, and control of the child, and does not mean that the |
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caregiver has legal custody of the child. |
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Sec. 34.005. FORM OF AFFIDAVIT. The caregiver's |
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authorization affidavit must be in substantially the following |
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form: |
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Caregiver's Authorization Affidavit |
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Use of this affidavit is authorized by Chapter 34, Family |
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Code. |
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Instructions: Completion of and the signing of the affidavit |
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is sufficient to authorize enrollment of a child in school. Print |
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clearly. |
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The child named below lives in my home and I am 18 years of age |
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or older. |
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1. Name of child: ______________________________. |
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2. Child's birth date: __________________________. |
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3. My name (adult giving authorization): _____________. |
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4. My home address: _________________________ |
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____________________________ |
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____________________________. |
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5. ( ) I am a grandparent, aunt, uncle, or other qualified |
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relative of the child (see portion of this form that provides |
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definition of "qualified relative"). |
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6. Check one or both (for example, if one parent was advised |
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and the other cannot be located): |
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( ) I have advised the parent(s) or other person(s) having |
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legal custody of the child of my intent to enroll the child in |
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school, and have received no objection. |
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( ) I am unable to contact the parent(s) or other person(s) |
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having legal custody of the child at this time to notify them of my |
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intended authorization. |
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7. My date of birth: _________________________________. |
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8. My Texas driver's license or identification card number, |
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or other form of identification (specify): |
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______________________________________________________. |
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Warning: Do not sign this form if any of the statements above |
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are incorrect, or you will be committing a crime punishable by a |
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fine, imprisonment, or both. |
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I declare under penalty of perjury under the laws of the State |
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of Texas that the foregoing is true and correct. |
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Dated: _______________________ |
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Signed: _________________________ |
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Notices: |
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1. This declaration does not affect the rights of the |
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child's parents or legal guardian regarding the care, custody, and |
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control of the child, and does not mean that the caregiver has legal |
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custody of the child. |
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2. A person who relies on this affidavit has no obligation |
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to make any further inquiry or investigation. |
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Additional Information: |
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TO CAREGIVERS: |
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1. "Qualified relative," for purposes of item 5 of the |
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affidavit, means (a) a person related to the child by blood, (b) a |
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spouse of a blood relative of the child, or (c) a blood relative of a |
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spouse of a blood relative of the child. |
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2. If the child no longer resides with you, or if the child's |
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parent or guardian objects to this authorization, you are required |
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to notify any school to which you have given this affidavit. The |
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affidavit is invalid after the school receives notice. |
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TO SCHOOL OFFICIALS: |
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1. Section 25.001, Education Code, provides that this |
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affidavit constitutes a sufficient basis for a determination of |
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residency of the child, without the requirement of a guardianship |
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or other custody order, unless the school district determines from |
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actual facts that the child is not living with the caregiver. |
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2. The school district may require additional reasonable |
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evidence that the caregiver lives at the address provided in item 4 |
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of the affidavit. |
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Sec. 34.006. RULES. (a) The commissioner of education |
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shall adopt rules to implement this chapter and to ensure that the |
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caregiver's authorization affidavit is accepted by schools and |
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school districts. |
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(b) The Texas Education Agency shall develop the form |
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required by Section 34.005 and make that form available on the |
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agencies' Internet websites. |
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SECTION 2. Section 25.001(b), Education Code, is amended to |
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read as follows: |
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(b) The board of trustees of a school district or its |
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designee shall admit into the public schools of the district free of |
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tuition a person who is over five and younger than 21 years of age on |
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the first day of September of the school year in which admission is |
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sought, and may admit a person who is at least 21 years of age and |
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under 26 years of age for the purpose of completing the requirements |
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for a high school diploma, if: |
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(1) the person and either parent of the person reside |
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in the school district; |
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(2) the person does not reside in the school district |
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but a parent of the person resides in the school district and that |
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parent is a joint managing conservator or the sole managing |
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conservator or possessory conservator of the person; |
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(3) the person and the person's guardian or other |
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person having lawful control of the person under a court order |
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reside within the school district; |
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(4) the person has established a separate residence |
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under Subsection (d); |
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(5) the person is homeless, as defined by 42 U.S.C. |
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Section 11302, regardless of the residence of the person, of either |
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parent of the person, or of the person's guardian or other person |
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having lawful control of the person; |
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(6) the person is a foreign exchange student placed |
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with a host family that resides in the school district by a |
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nationally recognized foreign exchange program, unless the school |
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district has applied for and been granted a waiver by the |
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commissioner under Subsection (e); |
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(7) the person resides at a residential facility |
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located in the district; |
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(8) the person resides in the school district and is 18 |
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years of age or older or the person's disabilities of minority have |
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been removed; [or] |
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(9) the person does not reside in the school district |
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but the grandparent of the person: |
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(A) resides in the school district; and |
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(B) provides a substantial amount of |
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after-school care for the person as determined by the board; or |
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(10) the person lives with a relative who submits to |
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the district a caregiver's authorization affidavit executed under |
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Chapter 34, Family Code. |
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SECTION 3. Section 25.002(f), Education Code, is amended to |
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read as follows: |
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(f) For [Except as otherwise provided by this subsection,
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for] a child to be enrolled in a public school, the child must be |
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enrolled by the child's parent, [or by] the child's guardian or |
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other person with legal control of the child under a court order, or |
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by a relative under a caregiver's authorization affidavit under |
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Chapter 34, Family Code. A school district shall record the name, |
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address, and date of birth of the person enrolling a child. |
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SECTION 4. Section 26.002, Education Code, is amended to |
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read as follows: |
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Sec. 26.002. DEFINITION. In this chapter, "parent" |
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includes a person standing in parental relation. The term includes |
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a relative who submits a caregiver's authorization affidavit |
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executed under Chapter 34, Family Code. The term does not include a |
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person as to whom the parent-child relationship has been terminated |
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or a person not entitled to possession of or access to a child under |
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a court order. Except as provided by federal law, all rights of a |
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parent under Title 2 of this code and all educational rights under |
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Section 151.001(a)(10) [151.003(a)(10)], Family Code, shall be |
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exercised by a student who is 18 years of age or older or whose |
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disabilities of minority have been removed for general purposes |
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under Chapter 31, Family Code, unless the student has been |
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determined to be incompetent or the student's rights have been |
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otherwise restricted by a court order. |
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SECTION 5. Sections 25.001, 25.002, and 26.002, Education |
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Code, as amended by this Act, apply beginning with the 2009-2010 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |