| 1 | 1 | | 81R10894 KKA-D |
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| 2 | 2 | | By: Van de Putte S.B. No. 1349 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for public school prekindergarten classes |
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| 8 | 8 | | of children residing with a grandparent. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 29.153, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) A child is eligible for enrollment in a prekindergarten |
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| 14 | 14 | | class under this section if the child is at least three years of age |
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| 15 | 15 | | and: |
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| 16 | 16 | | (1) is unable to speak and comprehend the English |
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| 17 | 17 | | language; |
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| 18 | 18 | | (2) is educationally disadvantaged; |
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| 19 | 19 | | (3) is a homeless child, as defined by 42 U.S.C. |
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| 20 | 20 | | Section 11434a, regardless of the residence of the child, of either |
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| 21 | 21 | | parent of the child, or of the child's guardian or other person |
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| 22 | 22 | | having lawful control of the child; |
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| 23 | 23 | | (4) is the child of an active duty member of the armed |
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| 24 | 24 | | forces of the United States, including the state military forces or |
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| 25 | 25 | | a reserve component of the armed forces, who is ordered to active |
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| 26 | 26 | | duty by proper authority; |
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| 27 | 27 | | (5) is the child of a member of the armed forces of the |
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| 28 | 28 | | United States, including the state military forces or a reserve |
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| 29 | 29 | | component of the armed forces, who was injured or killed while |
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| 30 | 30 | | serving on active duty; [or] |
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| 31 | 31 | | (6) is or ever has been in the conservatorship of the |
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| 32 | 32 | | Department of Family and Protective Services following an adversary |
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| 33 | 33 | | hearing held as provided by Section 262.201, Family Code; or |
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| 34 | 34 | | (7) a grandparent of the child has primary |
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| 35 | 35 | | responsibility for the care of the child, and the grandparent is at |
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| 36 | 36 | | least 45 years of age. |
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| 37 | 37 | | (b-1) For purposes of Subsection (b)(7), a grandparent is |
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| 38 | 38 | | considered to have primary responsibility for the care of a child |
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| 39 | 39 | | if: |
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| 40 | 40 | | (1) the child resides with the grandparent in a |
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| 41 | 41 | | household that does not include a parent of the child; and |
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| 42 | 42 | | (2) the grandparent with whom the child resides: |
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| 43 | 43 | | (A) is the child's guardian or permanent managing |
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| 44 | 44 | | conservator; |
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| 45 | 45 | | (B) is named in a power of attorney as a person |
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| 46 | 46 | | authorized to make decisions regarding the child; |
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| 47 | 47 | | (C) is identified in a letter from the Department |
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| 48 | 48 | | of Family and Protective Services as the person in whose care the |
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| 49 | 49 | | child has been placed, provided the letter is printed on department |
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| 50 | 50 | | letterhead; |
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| 51 | 51 | | (D) has possession of the child's birth |
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| 52 | 52 | | certificate; or |
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| 53 | 53 | | (E) claimed the child as a dependent on the |
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| 54 | 54 | | grandparent's most recent federal income tax return. |
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| 55 | 55 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 56 | 56 | | school year. |
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| 57 | 57 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2009. |
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