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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for public school prekindergarten classes |
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of children residing with a grandparent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.153, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A child is eligible for enrollment in a prekindergarten |
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class under this section if the child is at least three years of age |
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and: |
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(1) is unable to speak and comprehend the English |
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language; |
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(2) is educationally disadvantaged; |
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(3) is a homeless child, as defined by 42 U.S.C. |
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Section 11434a, regardless of the residence of the child, of either |
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parent of the child, or of the child's guardian or other person |
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having lawful control of the child; |
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(4) is the child of an active duty member of the armed |
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forces of the United States, including the state military forces or |
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a reserve component of the armed forces, who is ordered to active |
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duty by proper authority; |
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(5) is the child of a member of the armed forces of the |
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United States, including the state military forces or a reserve |
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component of the armed forces, who was injured or killed while |
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serving on active duty; [or] |
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(6) is or ever has been in the conservatorship of the |
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Department of Family and Protective Services following an adversary |
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hearing held as provided by Section 262.201, Family Code; or |
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(7) a grandparent of the child has primary |
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responsibility for the care of the child, and the grandparent is at |
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least 45 years of age. |
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(b-1) For purposes of Subsection (b)(7), a grandparent is |
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considered to have primary responsibility for the care of a child |
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if: |
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(1) the child resides with the grandparent in a |
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household that does not include a parent of the child; and |
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(2) the grandparent with whom the child resides: |
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(A) is the child's guardian or permanent managing |
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conservator; |
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(B) is named in a power of attorney as a person |
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authorized to make decisions regarding the child; |
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(C) is identified in a letter from the Department |
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of Family and Protective Services as the person in whose care the |
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child has been placed, provided the letter is printed on department |
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letterhead; |
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(D) has possession of the child's birth |
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certificate; or |
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(E) claimed the child as a dependent on the |
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grandparent's most recent federal income tax return. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. 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. |