Texas 2015 - 84th Regular

Texas House Bill HB807 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18889 KKA-D
2	2	By: Dukes H.B. No. 807
3	3	Substitute the following for H.B. No. 807:
4	4	By: Dutton C.S.H.B. No. 807
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorization for a caregiver who is a relative to
10	10	enroll a child in school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle E, Title 2, Education Code, is amended
13	13	by adding Chapter 27 to read as follows:
14	14	CHAPTER 27. RIGHTS OF CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD
15	15	IN SCHOOL
16	16	Sec. 27.001. DEFINITION. In this chapter, "relative" means
17	17	someone related to a child by consanguinity or affinity, as
18	18	determined under Sections 573.022 and 573.024, Government Code,
19	19	respectively.
20	20	Sec. 27.002. AFFIDAVIT OF CAREGIVER. (a) A caregiver of a
21	21	child who is a relative of the child may execute an affidavit
22	22	indicating that:
23	23	(1) the child primarily resides with the caregiver;
24	24	and
25	25	(2) the caregiver made a reasonably diligent effort
26	26	but was unable to locate or contact the child's parent or legal
27	27	guardian for authorization.
28	28	(b) The affidavit must be witnessed by two witnesses who are
29	29	at least 18 years of age or older and at least one of whom is not
30	30	related by blood or marriage to the child or the caregiver.
31	31	(c) The completed affidavit must be notarized.
32	32	Sec. 27.003. RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a)
33	33	A caregiver may provide the affidavit under this chapter to a school
34	34	or school district to enroll the child in school.
35	35	(b) If the child no longer resides with the caregiver or if
36	36	the child's parent or legal guardian objects to the caregiver's
37	37	authorization, the affidavit is invalid and the caregiver shall
38	38	notify all parties to whom the caregiver provided the affidavit,
39	39	including the child's school.
40	40	Sec. 27.004. EFFECT OF AFFIDAVIT. (a) A person who relies
41	41	on an affidavit that complies with this chapter has no obligation to
42	42	make any further inquiry or investigation.
43	43	(b) The caregiver's authorization affidavit does not affect
44	44	the rights of the child's parent or legal guardian regarding the
45	45	care, custody, and control of the child and does not mean that the
46	46	caregiver has legal custody of the child.
47	47	(c) A caregiver's authorization affidavit executed under
48	48	this chapter does not confer or affect standing or a right of
49	49	intervention in any proceeding under Title 5, Family Code.
50	50	Sec. 27.005. FORM OF AFFIDAVIT. The caregiver's
51	51	authorization affidavit must be in substantially the following
52	52	form:
53	53	Caregiver's Authorization Affidavit
54	54	Use of this affidavit is authorized by Chapter 27, Education
55	55	Code.
56	56	Instructions: Completion of and the signing of the affidavit
57	57	are sufficient to authorize enrollment of a child in school. Print
58	58	clearly.
59	59	The child named below lives in my home and I am 18 years of age
60	60	or older.
61	61	1. Name of child: ______________________________.
62	62	2. Child's birth date: __________________________.
63	63	3. My name (adult giving authorization): _____________.
64	64	4. My home address: _________________________
65	65	____________________________
66	66	____________________________.
67	67	5. ( ) I am a grandparent, aunt, uncle, or other qualified
68	68	relative of the child (see portion of this form that provides
69	69	definition of "qualified relative").
70	70	6. ( ) I have made a reasonably diligent effort but am
71	71	unable to locate or contact the parent(s) or other person(s) having
72	72	legal custody of the child at this time to notify them of my
73	73	intended authorization.
74	74	7. My date of birth: _________________________________.
75	75	8. My Texas driver's license or identification card number,
76	76	or other form of identification (specify):
77	77	______________________________________________________.
78	78	Warning: Do not sign this form if any of the statements above
79	79	are incorrect, or you will be committing a crime punishable by a
80	80	fine, imprisonment, or both.
81	81	I declare under penalty of perjury under the laws of the State
82	82	of Texas that the foregoing is true and correct.
83	83	Dated: _______________________
84	84	Signed: _________________________
85	85	Witnesses:
86	86	I am 18 years of age or older and I am not related to the
87	87	child, the parents of the child, or the caregiver by blood or
88	88	marriage.
89	89	Signature: _____________________________
90	90	Printed Name: ___________________________
91	91	Date: ________________________
92	92	I am 18 years of age or older.
93	93	Signature: _____________________________
94	94	Printed Name: ___________________________
95	95	Date: ________________________
96	96	Notary:
97	97	State of _____________________________
98	98	County of _____________________________
99	99	Subscribed and sworn to before me, a notary public, by
100	100	___________________ this _______ day of _______________, 2______.
101	101	Printed Name of Notary: _____________________________
102	102	Commission Expires: _____________________________
103	103	Notices:
104	104	1. This declaration does not affect the rights of the
105	105	child's parents or legal guardian regarding the care, custody, and
106	106	control of the child and does not mean that the caregiver has legal
107	107	custody of the child.
108	108	2. A person who relies on this affidavit has no obligation
109	109	to make any further inquiry or investigation.
110	110	Additional Information:
111	111	TO CAREGIVERS:
112	112	1. "Qualified relative," for purposes of Item 5 of the
113	113	affidavit, means a person related to the child by consanguinity or
114	114	affinity (blood, marriage, or adoption).
115	115	2. If the child no longer resides with you or if the child's
116	116	parent or guardian objects to this authorization, you are required
117	117	to notify any school to which you have given this affidavit. The
118	118	affidavit is invalid after the school receives notice.
119	119	TO SCHOOL OFFICIALS:
120	120	1. Section 25.001, Education Code, provides that this
121	121	affidavit constitutes a sufficient basis for a determination of
122	122	residency of the child unless the school district determines from
123	123	actual facts that the child is not living with the caregiver.
124	124	2. The school district may require additional reasonable
125	125	evidence that the caregiver lives at the address provided in Item 4
126	126	of the affidavit.
127	127	Sec. 27.006. RULES. (a) The commissioner shall adopt rules
128	128	to implement this chapter and to ensure that the caregiver's
129	129	authorization affidavit is accepted by schools and school
130	130	districts.
131	131	(b) The agency shall develop the form required by Section
132	132	27.005 and make that form available on the agency's Internet
133	133	website.
134	134	Sec. 27.007. OTHER ENROLLMENT PROVISIONS NOT AFFECTED. The
135	135	provisions in this chapter for enrolling a student into the public
136	136	schools free of tuition are in addition to and do not affect
137	137	enrollment provisions under other law, including provisions under
138	138	Section 25.001(b) that do not refer to a caregiver's authorization
139	139	affidavit.
140	140	SECTION 2. Section 25.001, Education Code, is amended by
141	141	amending Subsection (b) and adding Subsection (d-1) to read as
142	142	follows:
143	143	(b) The board of trustees of a school district or its
144	144	designee shall admit into the public schools of the district free of
145	145	tuition a person who is over five and younger than 21 years of age on
146	146	the first day of September of the school year in which admission is
147	147	sought, and may admit a person who is at least 21 years of age and
148	148	under 26 years of age for the purpose of completing the requirements
149	149	for a high school diploma, if:
150	150	(1) the person and either parent of the person reside
151	151	in the school district;
152	152	(2) the person does not reside in the school district
153	153	but a parent of the person resides in the school district and that
154	154	parent is a joint managing conservator or the sole managing
155	155	conservator or possessory conservator of the person;
156	156	(3) the person and the person's guardian or other
157	157	person having lawful control of the person under a court order
158	158	reside within the school district;
159	159	(4) the person has established a separate residence
160	160	under Subsection (d);
161	161	(5) the person is homeless, as defined by 42 U.S.C.
162	162	Section 11302, regardless of the residence of the person, of either
163	163	parent of the person, or of the person's guardian or other person
164	164	having lawful control of the person;
165	165	(6) the person is a foreign exchange student placed
166	166	with a host family that resides in the school district by a
167	167	nationally recognized foreign exchange program, unless the school
168	168	district has applied for and been granted a waiver by the
169	169	commissioner under Subsection (e);
170	170	(7) the person resides at a residential facility
171	171	located in the district;
172	172	(8) the person resides in the school district and is 18
173	173	years of age or older or the person's disabilities of minority have
174	174	been removed; [or]
175	175	(9) the person does not reside in the school district
176	176	but the grandparent of the person:
177	177	(A) resides in the school district; and
178	178	(B) provides a substantial amount of
179	179	after-school care for the person as determined by the board; or
180	180	(10) the person lives with a relative who resides in
181	181	the school district and submits to the district a caregiver's
182	182	authorization affidavit executed under Chapter 27 of this code or
183	183	an authorization agreement executed under Chapter 34, Family Code.
184	184	(d-1) For purposes of establishing eligibility for
185	185	admission into the public schools of a district free of tuition
186	186	under this section, the submission of a caregiver's authorization
187	187	affidavit or authorization agreement under Subsection (b)(10) is
188	188	not the exclusive method by which a person under the age of 18 years
189	189	may establish a residence separate and apart from the person's
190	190	parent, guardian, or other person having lawful control of the
191	191	person under a court order.
192	192	SECTION 3. Section 25.002(f), Education Code, is amended to
193	193	read as follows:
194	194	(f) Unless a child is authorized by Section 25.001(b)(4) or
195	195	(5) or other law to enroll without the participation of another
196	196	person, a [Except as otherwise provided by this subsection, for a
197	197	child to be enrolled in a public school, the child must be enrolled
198	198	by the child's parent or by the child's guardian or other person
199	199	with legal control of the child under a court order. A] school
200	200	district shall record the name, address, and date of birth of the
201	201	person enrolling the [a] child.
202	202	SECTION 4. Section 26.002, Education Code, is amended to
203	203	read as follows:
204	204	Sec. 26.002. DEFINITION. In this chapter, "parent"
205	205	includes a person standing in parental relation. The term includes
206	206	a relative with whom the child resides and who is authorized to
207	207	enroll the child in school pursuant to a caregiver's authorization
208	208	affidavit executed under Chapter 27 of this code or an
209	209	authorization agreement executed under Chapter 34, Family Code. The
210	210	term does not include a person as to whom the parent-child
211	211	relationship has been terminated or a person not entitled to
212	212	possession of or access to a child under a court order. Except as
213	213	provided by federal law, all rights of a parent under Title 2 of
214	214	this code and all educational rights under Section 151.001(a)(10)
215	215	[151.003(a)(10)], Family Code, shall be exercised by a student who
216	216	is 18 years of age or older or whose disabilities of minority have
217	217	been removed for general purposes under Chapter 31, Family Code,
218	218	unless the student has been determined to be incompetent or the
219	219	student's rights have been otherwise restricted by a court order.
220	220	SECTION 5. Sections 25.001, 25.002, and 26.002, Education
221	221	Code, as amended by this Act, apply beginning with the 2015-2016
222	222	school year.
223	223	SECTION 6. This Act takes effect immediately if it receives
224	224	a vote of two-thirds of all the members elected to each house, as
225	225	provided by Section 39, Article III, Texas Constitution. If this
226	226	Act does not receive the vote necessary for immediate effect, this
227	227	Act takes effect September 1, 2015.