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.