82R3529 JSC-F
By: Marquez H.B. No. 1350
A BILL TO BE ENTITLED
AN ACT
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. DEFINITION. In this chapter, "relative" means
someone 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 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.
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 in substantially the following
form:
Caregiver's Authorization Affidavit
Use of this affidavit is authorized by Chapter 35, Family
Code.
Instructions: Completion of and the signing of the affidavit
are sufficient to authorize enrollment of a child in school. Print
clearly.
The child named below lives in my home and I am 18 years of age
or older.
1. Name of child: ______________________________.
2. Child's birth date: __________________________.
3. My name (adult giving authorization): _____________.
4. My home address: _________________________
____________________________
____________________________.
5. ( ) I am a grandparent, aunt, uncle, or other qualified
relative of the child (see portion of this form that provides
definition of "qualified relative").
6. ( ) I am unable to contact the parent(s) or other
person(s) having legal custody of the child at this time to notify
them of my intended authorization.
7. My date of birth: _________________________________.
8. My Texas driver's license or identification card number,
or other form of identification (specify):
______________________________________________________.
Warning: Do not sign this form if any of the statements above
are incorrect, or you will be committing a crime punishable by a
fine, imprisonment, or both.
I declare under penalty of perjury under the laws of the State
of Texas that the foregoing is true and correct.
Dated: _______________________
Signed: _________________________
Notices:
1. This declaration does not affect the rights of the
child's parents 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.
2. A person who relies on this affidavit has no obligation
to make any further inquiry or investigation.
Additional Information:
TO CAREGIVERS:
1. "Qualified relative," for purposes of item 5 of the
affidavit, means (a) a person related to the child by blood, (b) a
spouse of a blood relative of the child, or (c) a blood relative of a
spouse of a blood relative of the child.
2. If the child no longer resides with you, or if the child's
parent or guardian objects to this authorization, you are required
to notify any school to which you have given this affidavit. The
affidavit is invalid after the school receives notice.
TO SCHOOL OFFICIALS:
1. Section 25.001, Education Code, provides that this
affidavit constitutes a sufficient basis for a determination of
residency of the child, without the requirement of a guardianship
or other custody order, unless the school district determines from
actual facts that the child is not living with the caregiver.
2. The school district may require additional reasonable
evidence that the caregiver lives at the address provided in item 4
of the affidavit.
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; [or]
(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) For [Except as otherwise provided by this subsection,
for] a child to be enrolled in a public school, the child must be
enrolled by the child's parent, [or] by the child's guardian or
other person with legal control of the child under a court order, or
by a relative under a caregiver's authorization affidavit under
Chapter 35, Family Code. A school 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) [151.003(a)(10)], Family Code, shall be
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 2011-2012
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, 2011.