83R9687 YDB-F
 
  By: Naishtat H.B. No. 2619
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the educational needs of children in the
  conservatorship of the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.002, Family Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  A guardian ad litem appointed to represent a child in
  the managing conservatorship of the Department of Family and
  Protective Services must, before each scheduled hearing under
  Chapter 263, file with the court a report on the guardian ad litem's
  efforts to identify and address the educational needs and goals of
  the child.
         SECTION 2.  Section 107.004, Family Code, is amended by
  adding Subsection (d-2) to read as follows:
         (d-2)  An attorney ad litem appointed to represent a child in
  the managing conservatorship of the Department of Family and
  Protective Services must, before each scheduled hearing under
  Chapter 263, file with the court a report on the attorney ad litem's
  efforts to identify and address the educational needs and goals of
  the child.
         SECTION 3.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.0025 to read as follows:
         Sec. 263.0025.  APPOINTMENT OF SURROGATE PARENT. (a) If a
  child in the temporary or permanent conservatorship of the
  department is eligible under Section 29.003, Education Code, to
  participate in a school district's special education program, the
  court may, when necessary to ensure that the educational rights of
  the child are protected, appoint a surrogate parent who:
               (1)  is willing to serve in that capacity; and
               (2)  meets the requirements of 20 U.S.C. Section
  1415(b) and Section 29.001(10), Education Code.
         (b)  In appointing a surrogate parent for a child, the court
  shall give preferential consideration to a foster parent of the
  child as required under Section 29.015, Education Code.
         (c)  If the court does not appoint a child's foster parent to
  serve as the child's surrogate parent, the court shall give
  consideration to:
               (1)  a relative or other designated caregiver as
  defined by Section 264.751; or
               (2)  a court-appointed volunteer advocate who has been
  appointed to serve as the child's guardian ad litem, as provided by
  Section 107.031(c).
         (d)  The following persons may not be appointed as a
  surrogate parent for the child:
               (1)  the department;
               (2)  the Texas Education Agency;
               (3)  a school or school district; or
               (4)  any other agency that is involved in the education
  or care of the child.
         SECTION 4.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.004 to read as follows:
         Sec. 263.004.  NOTICE TO COURT REGARDING EDUCATION
  DECISION-MAKING. (a) Unless the rights and duties of the
  department under Section 153.371(10) to make decisions regarding
  the child's education have been limited by court order, the
  department shall file with the court a report identifying the name
  and contact information for each person who has been:
               (1)  designated by the department to make educational
  decisions on behalf of the child; and
               (2)  assigned to serve as the child's surrogate parent
  in accordance with 20 U.S.C. Section 1415(b) and Section
  29.001(10), Education Code, for purposes of decision-making
  regarding special education services, if applicable.
         (b)  Not later than the fifth day after the date an adversary
  hearing under Section 262.201 or Section 262.205 is concluded, the
  report required by Subsection (a) shall be filed with the court and
  a copy shall be provided to:
               (1)  each person entitled to notice of a permanency
  hearing under Section 263.301; and
               (2)  the school the child attends.
         (c)  If a person other than a person identified in the report
  required by Subsection (a) is designated to make educational
  decisions or assigned to serve as a surrogate parent, the
  department shall file with the court an updated report that
  includes the information required by Subsection (a) for the
  designated or assigned person. The updated report must be filed not
  later than the fifth day after the date of designation or
  assignment.
         SECTION 5.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1072 to read as follows:
         Sec. 264.1072.  EDUCATIONAL STABILITY. The department shall
  develop, in accordance with 42 U.S.C. Section 675, a plan to ensure
  the educational stability of a foster child.
         SECTION 6.  Section 266.008(c), Family Code, is amended to
  read as follows:
         (c)  The department shall make the passport available to:
               (1)  any person authorized by law to make educational
  decisions for the foster child;
               (2)  the person authorized to consent to medical care
  for the foster child; and
               (3)  [to] a provider of medical care to the foster child
  if access to the foster child's educational information is
  necessary to the provision of medical care and is not prohibited by
  law.
         SECTION 7.  Section 25.001(g), Education Code, is amended to
  read as follows:
         (g)  A student enrolled in a primary or secondary public
  [high] school [in grade 9, 10, 11, or 12] who is placed in the
  conservatorship of [temporary foster care by] the Texas Department
  of Family and Protective [Human] Services and at a residence
  outside the attendance area for the school or outside the school
  district is entitled to continue to attend [complete high school
  at] the school in which the student was enrolled immediately before
  entering conservatorship until the student successfully completes
  the highest grade level offered by the school [at the time of
  placement without payment of tuition].
         SECTION 8.  Section 25.007(b), Education Code, is amended to
  read as follows:
         (b)  In recognition of the challenges faced by students in
  substitute care, the agency shall assist the transition of
  substitute care students from one school to another by:
               (1)  ensuring that school records for a student in
  substitute care are transferred to the student's new school not
  later than the 10th working [14th] day after the date the student
  begins enrollment at the school;
               (2)  developing systems to ease transition of a student
  in substitute care during the first two weeks of enrollment at a new
  school;
               (3)  developing procedures for awarding credit for
  course work, including electives, completed by a student in
  substitute care while enrolled at another school;
               (4)  promoting practices that facilitate access by a
  student in substitute care to extracurricular programs, summer
  programs, credit transfer services, electronic courses provided
  under Chapter 30A, and after-school tutoring programs at nominal or
  no cost;
               (5)  establishing procedures to lessen the adverse
  impact of the movement of a student in substitute care to a new
  school;
               (6)  entering into a memorandum of understanding with
  the Department of Family and Protective Services regarding the
  exchange of information as appropriate to facilitate the transition
  of students in substitute care from one school to another;
               (7)  encouraging school districts and open-enrollment
  charter schools to provide services for a student in substitute
  care in transition when applying for admission to postsecondary
  study and when seeking sources of funding for postsecondary study;
               (8)  requiring school districts, campuses, and
  open-enrollment charter schools to accept a referral for special
  education services made for a student in substitute care by a school
  previously attended by the student; [and]
               (9)  requiring school districts to provide notice to
  the child's educational decision-maker and caseworker regarding
  events that may significantly impact the education of a child,
  including:
                     (A)  requests or referrals for an evaluation under
  Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
  special education under Section 29.003;
                     (B)  admission, review, and dismissal committee
  meetings;
                     (C)  manifestation determination reviews required
  by Section 37.004(b);
                     (D)  any disciplinary actions under Chapter 37 for
  which parental notice is required;
                     (E)  citations issued for Class C misdemeanor
  offenses on school property or at school-sponsored activities;
                     (F)  reports of restraint and seclusion required
  by Section 37.0021; and
                     (G)  use of corporal punishment as provided by
  Section 37.0011; and
               (10)  providing other assistance as identified by the
  agency.
         SECTION 9.  Section 25.087(b), Education Code, is amended to
  read as follows:
         (b)  A school district shall excuse a student from attending
  school for:
               (1)  the following purposes, including travel for those
  purposes:
                     (A)  observing religious holy days;
                     (B)  attending a required court appearance;
                     (C)  appearing at a governmental office to
  complete paperwork required in connection with the student's
  application for United States citizenship;
                     (D)  taking part in a United States naturalization
  oath ceremony; [or]
                     (E)  serving as an election clerk; or
                     (F)  for a child in the conservatorship of the
  Department of Family and Protective Services, attending a mental
  health or therapy appointment or family visitation as ordered by a
  court under Chapter 262 or 263, Family Code; or
               (2)  a temporary absence resulting from an appointment
  with a health care professional [professionals] if that student
  commences classes or returns to school on the same day of the
  appointment.
         SECTION 10.  (a)  Sections 107.002(i) and 107.004(d-2),
  Family Code, as added by this Act, apply only to a suit affecting
  the parent-child relationship filed on or after the effective date
  of this Act. A suit filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         (b)  The changes in law made by this Act to the Education Code
  apply beginning with the 2013-2014 school year.
         SECTION 11.  This Act takes effect September 1, 2013.