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A BILL TO BE ENTITLED
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AN ACT
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relating to the educational needs of children in the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.002, Family Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) A guardian ad litem appointed to represent a child in |
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the managing conservatorship of the Department of Family and |
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Protective Services must, before each scheduled hearing under |
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Chapter 263, file with the court a report on the guardian ad litem's |
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efforts to identify and address the educational needs and goals of |
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the child. |
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SECTION 2. Section 107.004, Family Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2) An attorney ad litem appointed to represent a child in |
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the managing conservatorship of the Department of Family and |
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Protective Services must, before each scheduled hearing under |
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Chapter 263, file with the court a report on the attorney ad litem's |
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efforts to identify and address the educational needs and goals of |
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the child. |
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SECTION 3. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.0025 to read as follows: |
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Sec. 263.0025. APPOINTMENT OF SURROGATE PARENT. (a) If a |
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child in the temporary or permanent conservatorship of the |
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department is eligible under Section 29.003, Education Code, to |
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participate in a school district's special education program, the |
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court may, when necessary to ensure that the educational rights of |
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the child are protected, appoint a surrogate parent who: |
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(1) is willing to serve in that capacity; and |
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(2) meets the requirements of 20 U.S.C. Section |
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1415(b) and Section 29.001(10), Education Code. |
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(b) In appointing a surrogate parent for a child, the court |
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shall give preferential consideration to a foster parent of the |
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child as required under Section 29.015, Education Code. |
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(c) If the court does not appoint a child's foster parent to |
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serve as the child's surrogate parent, the court shall give |
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consideration to: |
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(1) a relative or other designated caregiver as |
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defined by Section 264.751; or |
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(2) a court-appointed volunteer advocate who has been |
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appointed to serve as the child's guardian ad litem, as provided by |
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Section 107.031(c). |
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(d) The following persons may not be appointed as a |
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surrogate parent for the child: |
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(1) the department; |
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(2) the Texas Education Agency; |
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(3) a school or school district; or |
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(4) any other agency that is involved in the education |
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or care of the child. |
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SECTION 4. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.004 to read as follows: |
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Sec. 263.004. NOTICE TO COURT REGARDING EDUCATION |
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DECISION-MAKING. (a) Unless the rights and duties of the |
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department under Section 153.371(10) to make decisions regarding |
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the child's education have been limited by court order, the |
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department shall file with the court a report identifying the name |
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and contact information for each person who has been: |
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(1) designated by the department to make educational |
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decisions on behalf of the child; and |
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(2) assigned to serve as the child's surrogate parent |
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in accordance with 20 U.S.C. Section 1415(b) and Section |
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29.001(10), Education Code, for purposes of decision-making |
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regarding special education services, if applicable. |
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(b) Not later than the fifth day after the date an adversary |
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hearing under Section 262.201 or Section 262.205 is concluded, the |
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report required by Subsection (a) shall be filed with the court and |
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a copy shall be provided to: |
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(1) each person entitled to notice of a permanency |
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hearing under Section 263.301; and |
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(2) the school the child attends. |
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(c) If a person other than a person identified in the report |
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required by Subsection (a) is designated to make educational |
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decisions or assigned to serve as a surrogate parent, the |
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department shall file with the court an updated report that |
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includes the information required by Subsection (a) for the |
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designated or assigned person. The updated report must be filed not |
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later than the fifth day after the date of designation or |
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assignment. |
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SECTION 5. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1072 to read as follows: |
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Sec. 264.1072. EDUCATIONAL STABILITY. The department shall |
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develop, in accordance with 42 U.S.C. Section 675, a plan to ensure |
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the educational stability of a foster child. |
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SECTION 6. Section 266.008(c), Family Code, is amended to |
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read as follows: |
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(c) The department shall make the passport available to: |
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(1) any person authorized by law to make educational |
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decisions for the foster child; |
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(2) the person authorized to consent to medical care |
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for the foster child; and |
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(3) [to] a provider of medical care to the foster child |
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if access to the foster child's educational information is |
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necessary to the provision of medical care and is not prohibited by |
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law. |
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SECTION 7. Section 25.001(g), Education Code, is amended to |
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read as follows: |
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(g) A student enrolled in a primary or secondary public |
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[high] school [in grade 9, 10, 11, or 12] who is placed in the |
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conservatorship of [temporary foster care by] the Texas Department |
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of Family and Protective [Human] Services and at a residence |
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outside the attendance area for the school or outside the school |
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district is entitled to continue to attend [complete high school
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at] the school in which the student was enrolled immediately before |
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entering conservatorship until the student successfully completes |
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the highest grade level offered by the school [at the time of
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placement without payment of tuition]. |
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SECTION 8. Section 25.007(b), Education Code, is amended to |
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read as follows: |
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(b) In recognition of the challenges faced by students in |
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substitute care, the agency shall assist the transition of |
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substitute care students from one school to another by: |
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(1) ensuring that school records for a student in |
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substitute care are transferred to the student's new school not |
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later than the 10th working [14th] day after the date the student |
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begins enrollment at the school; |
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(2) developing systems to ease transition of a student |
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in substitute care during the first two weeks of enrollment at a new |
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school; |
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(3) developing procedures for awarding credit for |
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course work, including electives, completed by a student in |
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substitute care while enrolled at another school; |
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(4) promoting practices that facilitate access by a |
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student in substitute care to extracurricular programs, summer |
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programs, credit transfer services, electronic courses provided |
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under Chapter 30A, and after-school tutoring programs at nominal or |
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no cost; |
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(5) establishing procedures to lessen the adverse |
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impact of the movement of a student in substitute care to a new |
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school; |
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(6) entering into a memorandum of understanding with |
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the Department of Family and Protective Services regarding the |
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exchange of information as appropriate to facilitate the transition |
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of students in substitute care from one school to another; |
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(7) encouraging school districts and open-enrollment |
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charter schools to provide services for a student in substitute |
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care in transition when applying for admission to postsecondary |
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study and when seeking sources of funding for postsecondary study; |
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(8) requiring school districts, campuses, and |
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open-enrollment charter schools to accept a referral for special |
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education services made for a student in substitute care by a school |
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previously attended by the student; [and] |
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(9) requiring school districts to provide notice to |
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the child's educational decision-maker and caseworker regarding |
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events that may significantly impact the education of a child, |
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including: |
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(A) requests or referrals for an evaluation under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
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special education under Section 29.003; |
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(B) admission, review, and dismissal committee |
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meetings; |
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(C) manifestation determination reviews required |
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by Section 37.004(b); |
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(D) any disciplinary actions under Chapter 37 for |
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which parental notice is required; |
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(E) citations issued for Class C misdemeanor |
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offenses on school property or at school-sponsored activities; |
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(F) reports of restraint and seclusion required |
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by Section 37.0021; and |
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(G) use of corporal punishment as provided by |
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Section 37.0011; and |
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(10) providing other assistance as identified by the |
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agency. |
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SECTION 9. Section 25.087(b), Education Code, is amended to |
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read as follows: |
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(b) A school district shall excuse a student from attending |
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school for: |
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(1) the following purposes, including travel for those |
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purposes: |
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(A) observing religious holy days; |
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(B) attending a required court appearance; |
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(C) appearing at a governmental office to |
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complete paperwork required in connection with the student's |
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application for United States citizenship; |
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(D) taking part in a United States naturalization |
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oath ceremony; [or] |
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(E) serving as an election clerk; or |
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(F) for a child in the conservatorship of the |
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Department of Family and Protective Services, attending a mental |
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health or therapy appointment or family visitation as ordered by a |
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court under Chapter 262 or 263, Family Code; or |
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(2) a temporary absence resulting from an appointment |
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with a health care professional [professionals] if that student |
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commences classes or returns to school on the same day of the |
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appointment. |
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SECTION 10. (a) Sections 107.002(i) and 107.004(d-2), |
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Family Code, as added by this Act, apply only to a suit affecting |
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the parent-child relationship filed on or after the effective date |
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of this Act. A suit filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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(b) The changes in law made by this Act to the Education Code |
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apply beginning with the 2013-2014 school year. |
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SECTION 11. This Act takes effect September 1, 2013. |