83R2416 JSC-D | ||
By: Guillen | H.B. No. 354 |
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relating to authorization for a caregiver who is a relative to | ||
enroll a child in school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 2, Family Code, is amended by | ||
adding Chapter 35 to read as follows: | ||
CHAPTER 35. RIGHTS OF CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD | ||
IN SCHOOL | ||
Sec. 35.001. DEFINITIONS. In this chapter: | ||
(1) "Caregiver" means an individual with whom a child | ||
primarily resides and who has assumed responsibility for caring for | ||
and supervising the child. | ||
(2) "Relative" means an individual related to a child | ||
by consanguinity or affinity, as determined under Sections 573.022 | ||
and 573.024, Government Code, respectively. | ||
Sec. 35.002. AFFIDAVIT OF CAREGIVER. (a) A caregiver of a | ||
child who is a relative of the child may execute an affidavit | ||
indicating that: | ||
(1) the child primarily resides with the caregiver; | ||
and | ||
(2) the parent or legal guardian cannot be contacted | ||
for authorization. | ||
(b) The affidavit must be witnessed by two witnesses who are | ||
at least 18 years of age and at least one of whom is not related by | ||
blood or marriage to the child or the caregiver. | ||
(c) The completed affidavit must be notarized. | ||
Sec. 35.003. RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a) | ||
A caregiver may provide the affidavit under this chapter to a school | ||
or school district to enroll the child in school. | ||
(b) If the child no longer resides with the caregiver or if | ||
the child's parent or guardian objects to the caregiver's | ||
authorization, the affidavit is invalid and the caregiver shall | ||
notify all parties to whom the caregiver provided the affidavit, | ||
including the child's school. | ||
Sec. 35.004. EFFECT OF AFFIDAVIT. (a) A person who relies | ||
on an affidavit that complies with this chapter has no obligation to | ||
make any further inquiry or investigation. | ||
(b) The caregiver's authorization affidavit does not affect | ||
the rights of the child's parent or legal guardian regarding the | ||
care, custody, and control of the child and does not mean that the | ||
caregiver has legal custody of the child. | ||
Sec. 35.005. FORM OF AFFIDAVIT. The caregiver's | ||
authorization affidavit must be on a form prescribed by the Texas | ||
Education Agency and include: | ||
(1) the name and date of birth of the child; | ||
(2) the name and address of the caregiver; | ||
(3) the relationship of the caregiver to the child; | ||
(4) a certification by the caregiver that: | ||
(A) the caregiver is a relative of the child; | ||
(B) the child primarily resides with the | ||
caregiver; and | ||
(C) the child's parent or legal guardian cannot | ||
be contacted for authorization; | ||
(5) the printed names and signatures of the caregiver | ||
and witnesses; | ||
(6) the notary public's acknowledgment; | ||
(7) acknowledgment that the form is signed under | ||
penalty of perjury; and | ||
(8) any other information required by Texas Education | ||
Agency rule. | ||
Sec. 35.006. RULES. (a) The commissioner of education | ||
shall adopt rules to implement this chapter and to ensure that the | ||
caregiver's authorization affidavit is accepted by schools and | ||
school districts. | ||
(b) The Texas Education Agency shall develop the form | ||
required by Section 35.005 and make that form available on the | ||
agency's Internet website. | ||
SECTION 2. Section 25.001(b), Education Code, is amended to | ||
read as follows: | ||
(b) The board of trustees of a school district or its | ||
designee shall admit into the public schools of the district free of | ||
tuition a person who is over five and younger than 21 years of age on | ||
the first day of September of the school year in which admission is | ||
sought, and may admit a person who is at least 21 years of age and | ||
under 26 years of age for the purpose of completing the requirements | ||
for a high school diploma, if: | ||
(1) the person and either parent of the person reside | ||
in the school district; | ||
(2) the person does not reside in the school district | ||
but a parent of the person resides in the school district and that | ||
parent is a joint managing conservator or the sole managing | ||
conservator or possessory conservator of the person; | ||
(3) the person and the person's guardian or other | ||
person having lawful control of the person under a court order | ||
reside within the school district; | ||
(4) the person has established a separate residence | ||
under Subsection (d); | ||
(5) the person is homeless, as defined by 42 U.S.C. | ||
Section 11302, regardless of the residence of the person, of either | ||
parent of the person, or of the person's guardian or other person | ||
having lawful control of the person; | ||
(6) the person is a foreign exchange student placed | ||
with a host family that resides in the school district by a | ||
nationally recognized foreign exchange program, unless the school | ||
district has applied for and been granted a waiver by the | ||
commissioner under Subsection (e); | ||
(7) the person resides at a residential facility | ||
located in the district; | ||
(8) the person resides in the school district and is 18 | ||
years of age or older or the person's disabilities of minority have | ||
been removed; [ |
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(9) the person does not reside in the school district | ||
but the grandparent of the person: | ||
(A) resides in the school district; and | ||
(B) provides a substantial amount of | ||
after-school care for the person as determined by the board; or | ||
(10) the person lives with a relative who submits to | ||
the district a caregiver's authorization affidavit executed under | ||
Chapter 35, Family Code. | ||
SECTION 3. Section 25.002(f), Education Code, is amended to | ||
read as follows: | ||
(f) [ |
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district shall record the name, address, and date of birth of the | ||
person enrolling a child. | ||
SECTION 4. Section 26.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.002. DEFINITION. In this chapter, "parent" | ||
includes a person standing in parental relation. The term includes | ||
a relative who submits a caregiver's authorization affidavit | ||
executed under Chapter 35, Family Code. The term does not include a | ||
person as to whom the parent-child relationship has been terminated | ||
or a person not entitled to possession of or access to a child under | ||
a court order. Except as provided by federal law, all rights of a | ||
parent under Title 2 of this code and all educational rights under | ||
Section 151.001(a)(10) [ |
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exercised by a student who is 18 years of age or older or whose | ||
disabilities of minority have been removed for general purposes | ||
under Chapter 31, Family Code, unless the student has been | ||
determined to be incompetent or the student's rights have been | ||
otherwise restricted by a court order. | ||
SECTION 5. Sections 25.001, 25.002, and 26.002, Education | ||
Code, as amended by this Act, apply beginning with the 2013-2014 | ||
school year. | ||
SECTION 6. 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, 2013. |