85R12567 JSC-D
By: Dukes H.B. No. 2246
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 E, Title 2, Education Code, is amended
by adding Chapter 27 to read as follows:
CHAPTER 27. RIGHTS OF CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD
IN SCHOOL
Sec. 27.001. 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. 27.002. AFFIDAVIT OF CAREGIVER. (a) 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 caregiver made a reasonably diligent effort
but was unable to locate or contact the child's parent or legal
guardian for authorization.
(b) The affidavit must be witnessed by two witnesses who are
at least 18 years of age or older and at least one of whom is not
related by blood or marriage to the child or the caregiver.
(c) The completed affidavit must be notarized.
Sec. 27.003. 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 legal 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. 27.004. 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.
(c) A caregiver's authorization affidavit executed under
this chapter does not confer or affect standing or a right of
intervention in any proceeding under Title 5, Family Code.
Sec. 27.005. 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 27, Education
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 have made a reasonably diligent effort but am
unable to locate or 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: _________________________
Witnesses:
I am 18 years of age or older and I am not related to the
child, the parents of the child, or the caregiver by blood or
marriage.
Signature: _____________________________
Printed Name: ___________________________
Date: ________________________
I am 18 years of age or older.
Signature: _____________________________
Printed Name: ___________________________
Date: ________________________
Notary:
State of _____________________________
County of _____________________________
Subscribed and sworn to before me, a notary public, by
___________________ this _______ day of _______________, 2______.
Printed Name of Notary: _____________________________
Commission Expires: _____________________________
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 person related to the child by consanguinity or
affinity (blood, marriage, or adoption).
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. 27.006. RULES. (a) The commissioner 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 agency shall develop the form required by Section
27.005 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 resides in
the school district and submits to the district a caregiver's
authorization affidavit executed under Chapter 27 of this code or
an authorization agreement executed under Chapter 34, Family Code.
SECTION 3. Section 25.002(f), Education Code, is amended to
read as follows:
(f) [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.] A school
district shall record the name, address, and date of birth of the
person enrolling a child in a public school.
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 with whom the child resides and who is authorized to
enroll the child in school pursuant to a caregiver's authorization
affidavit executed under Chapter 27 of this code or an
authorization agreement executed under Chapter 34, 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 2017-2018
school year.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. 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, 2017.