BILL ANALYSIS

 

 

Senate Research Center

S.B. 226

89R3135 AMF-D

By: West

 

Education K-16

 

3/21/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

A parent-child safety placement (PCSP) aims to provide a temporary (intended to last no more than 60 days), out-of-home placement for a child who the Department of Family and Protective Services (DFPS) has determined cannot safely live with a parent. If a PCSP is required, the child will be placed with a volunteer caretaker, usually a relative or close friend of the parent.

 

A number of caregivers caring for children under PCSPs have complained that both independent school districts and public charter schools have refused to accept the Parent Child Safety Placement agreement as sufficient proof of a child's current residence for the purpose of admission to public school.

 

S.B. 226 will provide legal clarity and streamline the education enrollment process for children within a parental child safety placement agreement, starting with the 2025�2026 school year. This legislation will ensure that children under a PCSP have a clear pathway to enroll in the appropriate public schools based on their temporary residence by requiring a letter from DFPS to be included in the PCSP of a school-age child. This letter must verify the address of the child's residence per the PCSP and serve as proof of residency for enrollment within the school district. This legislation will reduce administrative confusion by standardizing the residency requirements process for children subject to a PSCP and decrease delays in the child's enrollment.

 

As proposed, S.B. 226 amends current law relating to establishing residency for children who are the subject of parental child safety placement agreements for purposes of admission into public schools.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 25.001, Education Code, by adding Subsection (c-3), as follows:

 

(c-3) Authorizes the parent or guardian of a child who is the subject of a parental child safety placement agreement under Section 264.902 (Parental Child Safety Placement Agreement), Family Code, to establish residency for purposes of Subsection (b) (relating to requiring the board of trustees of a school district or its designee to admit into public schools of the district free of tuition persons who meet certain requirements) by providing to the school district a copy of a letter from the Department of Family and Protective Services (DFPS) indicating that the child is the subject of such an agreement and that the address of the child's residence during the agreement is in the district.

 

SECTION 2. Amends Section 264.902, Family Code, by adding Subsection (a-1), as follows:

 

(a-1) Requires a parental child safety placement agreement, for a school-age child, to include a letter provided by DFPS that contains the address of the child's residence during the parental child safety placement. Sets forth the language required to be included in the letter.

 

SECTION 3. (a) Provides that Section 25.001 (Admission), Education Code, as amended by this Act, applies beginning with the 2025�2026 school year.

 

(b) Makes application of Section 264.902 (Parental Child Safety Placement Agreement), Family Code, as amended by this Act, prospective.

 

SECTION 4. Effective date: upon passage or September 1, 2025.