Texas 2017 - 85th Regular

Texas House Bill HB2246 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12567 JSC-D
2	2	By: Dukes H.B. No. 2246
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorization for a caregiver who is a relative to
8	8	enroll a child in school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle E, Title 2, Education Code, is amended
11	11	by adding Chapter 27 to read as follows:
12	12	CHAPTER 27. RIGHTS OF CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD
13	13	IN SCHOOL
14	14	Sec. 27.001. DEFINITION. In this chapter, "relative" means
15	15	someone related to a child by consanguinity or affinity, as
16	16	determined under Sections 573.022 and 573.024, Government Code,
17	17	respectively.
18	18	Sec. 27.002. AFFIDAVIT OF CAREGIVER. (a) A caregiver of a
19	19	child who is a relative of the child may execute an affidavit
20	20	indicating that:
21	21	(1) the child primarily resides with the caregiver;
22	22	and
23	23	(2) the caregiver made a reasonably diligent effort
24	24	but was unable to locate or contact the child's parent or legal
25	25	guardian for authorization.
26	26	(b) The affidavit must be witnessed by two witnesses who are
27	27	at least 18 years of age or older and at least one of whom is not
28	28	related by blood or marriage to the child or the caregiver.
29	29	(c) The completed affidavit must be notarized.
30	30	Sec. 27.003. RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a)
31	31	A caregiver may provide the affidavit under this chapter to a school
32	32	or school district to enroll the child in school.
33	33	(b) If the child no longer resides with the caregiver or if
34	34	the child's parent or legal guardian objects to the caregiver's
35	35	authorization, the affidavit is invalid and the caregiver shall
36	36	notify all parties to whom the caregiver provided the affidavit,
37	37	including the child's school.
38	38	Sec. 27.004. EFFECT OF AFFIDAVIT. (a) A person who relies
39	39	on an affidavit that complies with this chapter has no obligation to
40	40	make any further inquiry or investigation.
41	41	(b) The caregiver's authorization affidavit does not affect
42	42	the rights of the child's parent or legal guardian regarding the
43	43	care, custody, and control of the child and does not mean that the
44	44	caregiver has legal custody of the child.
45	45	(c) A caregiver's authorization affidavit executed under
46	46	this chapter does not confer or affect standing or a right of
47	47	intervention in any proceeding under Title 5, Family Code.
48	48	Sec. 27.005. FORM OF AFFIDAVIT. The caregiver's
49	49	authorization affidavit must be in substantially the following
50	50	form:
51	51	Caregiver's Authorization Affidavit
52	52	Use of this affidavit is authorized by Chapter 27, Education
53	53	Code.
54	54	Instructions: Completion of and the signing of the affidavit
55	55	are sufficient to authorize enrollment of a child in school. Print
56	56	clearly.
57	57	The child named below lives in my home and I am 18 years of age
58	58	or older.
59	59	1. Name of child: ______________________________.
60	60	2. Child's birth date: __________________________.
61	61	3. My name (adult giving authorization): _____________.
62	62	4. My home address: _________________________
63	63	____________________________
64	64	____________________________.
65	65	5. ( ) I am a grandparent, aunt, uncle, or other qualified
66	66	relative of the child (see portion of this form that provides
67	67	definition of "qualified relative").
68	68	6. ( ) I have made a reasonably diligent effort but am
69	69	unable to locate or contact the parent(s) or other person(s) having
70	70	legal custody of the child at this time to notify them of my
71	71	intended authorization.
72	72	7. My date of birth: _________________________________.
73	73	8. My Texas driver's license or identification card number,
74	74	or other form of identification (specify):
75	75	______________________________________________________.
76	76	Warning: Do not sign this form if any of the statements above
77	77	are incorrect, or you will be committing a crime punishable by a
78	78	fine, imprisonment, or both.
79	79	I declare under penalty of perjury under the laws of the State
80	80	of Texas that the foregoing is true and correct.
81	81	Dated: _______________________
82	82	Signed: _________________________
83	83	Witnesses:
84	84	I am 18 years of age or older and I am not related to the
85	85	child, the parents of the child, or the caregiver by blood or
86	86	marriage.
87	87	Signature: _____________________________
88	88	Printed Name: ___________________________
89	89	Date: ________________________
90	90	I am 18 years of age or older.
91	91	Signature: _____________________________
92	92	Printed Name: ___________________________
93	93	Date: ________________________
94	94	Notary:
95	95	State of _____________________________
96	96	County of _____________________________
97	97	Subscribed and sworn to before me, a notary public, by
98	98	___________________ this _______ day of _______________, 2______.
99	99	Printed Name of Notary: _____________________________
100	100	Commission Expires: _____________________________
101	101	Notices:
102	102	1. This declaration does not affect the rights of the
103	103	child's parents or legal guardian regarding the care, custody, and
104	104	control of the child and does not mean that the caregiver has legal
105	105	custody of the child.
106	106	2. A person who relies on this affidavit has no obligation
107	107	to make any further inquiry or investigation.
108	108	Additional Information:
109	109	TO CAREGIVERS:
110	110	1. "Qualified relative," for purposes of Item 5 of the
111	111	affidavit, means a person related to the child by consanguinity or
112	112	affinity (blood, marriage, or adoption).
113	113	2. If the child no longer resides with you or if the child's
114	114	parent or guardian objects to this authorization, you are required
115	115	to notify any school to which you have given this affidavit. The
116	116	affidavit is invalid after the school receives notice.
117	117	TO SCHOOL OFFICIALS:
118	118	1. Section 25.001, Education Code, provides that this
119	119	affidavit constitutes a sufficient basis for a determination of
120	120	residency of the child, without the requirement of a guardianship
121	121	or other custody order, unless the school district determines from
122	122	actual facts that the child is not living with the caregiver.
123	123	2. The school district may require additional reasonable
124	124	evidence that the caregiver lives at the address provided in Item 4
125	125	of the affidavit.
126	126	Sec. 27.006. RULES. (a) The commissioner shall adopt rules
127	127	to implement this chapter and to ensure that the caregiver's
128	128	authorization affidavit is accepted by schools and school
129	129	districts.
130	130	(b) The agency shall develop the form required by Section
131	131	27.005 and make that form available on the agency's Internet
132	132	website.
133	133	SECTION 2. Section 25.001(b), Education Code, is amended to
134	134	read as follows:
135	135	(b) The board of trustees of a school district or its
136	136	designee shall admit into the public schools of the district free of
137	137	tuition a person who is over five and younger than 21 years of age on
138	138	the first day of September of the school year in which admission is
139	139	sought, and may admit a person who is at least 21 years of age and
140	140	under 26 years of age for the purpose of completing the requirements
141	141	for a high school diploma, if:
142	142	(1) the person and either parent of the person reside
143	143	in the school district;
144	144	(2) the person does not reside in the school district
145	145	but a parent of the person resides in the school district and that
146	146	parent is a joint managing conservator or the sole managing
147	147	conservator or possessory conservator of the person;
148	148	(3) the person and the person's guardian or other
149	149	person having lawful control of the person under a court order
150	150	reside within the school district;
151	151	(4) the person has established a separate residence
152	152	under Subsection (d);
153	153	(5) the person is homeless, as defined by 42 U.S.C.
154	154	Section 11302, regardless of the residence of the person, of either
155	155	parent of the person, or of the person's guardian or other person
156	156	having lawful control of the person;
157	157	(6) the person is a foreign exchange student placed
158	158	with a host family that resides in the school district by a
159	159	nationally recognized foreign exchange program, unless the school
160	160	district has applied for and been granted a waiver by the
161	161	commissioner under Subsection (e);
162	162	(7) the person resides at a residential facility
163	163	located in the district;
164	164	(8) the person resides in the school district and is 18
165	165	years of age or older or the person's disabilities of minority have
166	166	been removed; [or]
167	167	(9) the person does not reside in the school district
168	168	but the grandparent of the person:
169	169	(A) resides in the school district; and
170	170	(B) provides a substantial amount of
171	171	after-school care for the person as determined by the board; or
172	172	(10) the person lives with a relative who resides in
173	173	the school district and submits to the district a caregiver's
174	174	authorization affidavit executed under Chapter 27 of this code or
175	175	an authorization agreement executed under Chapter 34, Family Code.
176	176	SECTION 3. Section 25.002(f), Education Code, is amended to
177	177	read as follows:
178	178	(f) [Except as otherwise provided by this subsection, for a
179	179	child to be enrolled in a public school, the child must be enrolled
180	180	by the child's parent or by the child's guardian or other person
181	181	with legal control of the child under a court order.] A school
182	182	district shall record the name, address, and date of birth of the
183	183	person enrolling a child in a public school.
184	184	SECTION 4. Section 26.002, Education Code, is amended to
185	185	read as follows:
186	186	Sec. 26.002. DEFINITION. In this chapter, "parent"
187	187	includes a person standing in parental relation. The term includes
188	188	a relative with whom the child resides and who is authorized to
189	189	enroll the child in school pursuant to a caregiver's authorization
190	190	affidavit executed under Chapter 27 of this code or an
191	191	authorization agreement executed under Chapter 34, Family Code. The
192	192	term does not include a person as to whom the parent-child
193	193	relationship has been terminated or a person not entitled to
194	194	possession of or access to a child under a court order. Except as
195	195	provided by federal law, all rights of a parent under Title 2 of
196	196	this code and all educational rights under Section 151.001(a)(10)
197	197	[151.003(a)(10)], Family Code, shall be exercised by a student who
198	198	is 18 years of age or older or whose disabilities of minority have
199	199	been removed for general purposes under Chapter 31, Family Code,
200	200	unless the student has been determined to be incompetent or the
201	201	student's rights have been otherwise restricted by a court order.
202	202	SECTION 5. Sections 25.001, 25.002, and 26.002, Education
203	203	Code, as amended by this Act, apply beginning with the 2017-2018
204	204	school year.
205	205	SECTION 6. To the extent of any conflict, this Act prevails
206	206	over another Act of the 85th Legislature, Regular Session, 2017,
207	207	relating to nonsubstantive additions to and corrections in enacted
208	208	codes.
209	209	SECTION 7. This Act takes effect immediately if it receives
210	210	a vote of two-thirds of all the members elected to each house, as
211	211	provided by Section 39, Article III, Texas Constitution. If this
212	212	Act does not receive the vote necessary for immediate effect, this
213	213	Act takes effect September 1, 2017.