Texas 2017 - 85th Regular

Texas House Bill HB2247 Compare Versions

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

Old	New	Differences
1	1	85R12543 JSC-D
2	2	By: Dukes H.B. No. 2247
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 (see portion of this form that provides
72	72	description of "reasonably diligent effort").
73	73	7. My date of birth: _________________________________.
74	74	8. My Texas driver's license or identification card number,
75	75	or other form of identification (specify):
76	76	______________________________________________________.
77	77	Warning: Do not sign this form if any of the statements above
78	78	are incorrect, or you will be committing a crime punishable by a
79	79	fine, imprisonment, or both.
80	80	I declare under penalty of perjury under the laws of the State
81	81	of Texas that the foregoing is true and correct.
82	82	Dated: _______________________
83	83	Signed: _________________________
84	84	Witnesses:
85	85	I am 18 years of age or older and I am not related to the
86	86	child, the parents of the child, or the caregiver by blood or
87	87	marriage.
88	88	Signature: _____________________________
89	89	Printed Name: ___________________________
90	90	Date: ________________________
91	91	I am 18 years of age or older.
92	92	Signature: _____________________________
93	93	Printed Name: ___________________________
94	94	Date: ________________________
95	95	Notary:
96	96	State of _____________________________
97	97	County of _____________________________
98	98	Subscribed and sworn to before me, a notary public, by
99	99	___________________ this _______ day of _______________, 2______.
100	100	Printed Name of Notary: _____________________________
101	101	Commission Expires: _____________________________
102	102	Notices:
103	103	1. This declaration does not affect the rights of the
104	104	child's parents or legal guardian regarding the care, custody, and
105	105	control of the child and does not mean that the caregiver has legal
106	106	custody of the child.
107	107	2. A person who relies on this affidavit has no obligation
108	108	to make any further inquiry or investigation.
109	109	Additional Information:
110	110	TO CAREGIVERS:
111	111	1. "Qualified relative," for purposes of Item 5 of the
112	112	affidavit, means a person related to the child by consanguinity or
113	113	affinity (blood, marriage, or adoption).
114	114	2. For purposes of Item 6 of the affidavit, "reasonably
115	115	diligent effort" means making a good faith effort to make contact
116	116	with each parent or guardian of the child and giving reasonable
117	117	opportunity for the parent or guardian to respond. Based on the
118	118	person's knowledge of the circumstances of the parent or guardian,
119	119	the person should use the method or methods of contact that the
120	120	person considers the most likely to be effective. A reasonably
121	121	diligent effort may include a personal visit to the residence of the
122	122	parent or guardian or multiple notifications by telephone, mail, or
123	123	e-mail and a reasonable opportunity for the parent or guardian to
124	124	respond based on the method of communication used.
125	125	3. If the child no longer resides with you or if the child's
126	126	parent or guardian objects to this authorization, you are required
127	127	to notify any school to which you have given this affidavit. The
128	128	affidavit is invalid after the school receives notice.
129	129	TO SCHOOL OFFICIALS:
130	130	1. Section 25.001, Education Code, provides that this
131	131	affidavit constitutes a sufficient basis for a determination of
132	132	residency of the child unless the school district determines from
133	133	actual facts that the child is not living with the caregiver.
134	134	2. The school district may require additional reasonable
135	135	evidence that the caregiver lives at the address provided in Item 4
136	136	of the affidavit.
137	137	Sec. 27.006. RULES. (a) The commissioner shall adopt rules
138	138	to implement this chapter and to ensure that the caregiver's
139	139	authorization affidavit is accepted by schools and school
140	140	districts.
141	141	(b) The agency shall develop the form required by Section
142	142	27.005 and make that form available on the agency's Internet
143	143	website.
144	144	Sec. 27.007. OTHER ENROLLMENT PROVISIONS NOT AFFECTED. The
145	145	provisions in this chapter for enrolling a student into the public
146	146	schools free of tuition are in addition to and do not affect
147	147	enrollment provisions under other law, including provisions under
148	148	Section 25.001(b) that do not refer to a caregiver's authorization
149	149	affidavit.
150	150	SECTION 2. Section 25.001, Education Code, is amended by
151	151	amending Subsection (b) and adding Subsection (d-1) to read as
152	152	follows:
153	153	(b) The board of trustees of a school district or its
154	154	designee shall admit into the public schools of the district free of
155	155	tuition a person who is over five and younger than 21 years of age on
156	156	the first day of September of the school year in which admission is
157	157	sought, and may admit a person who is at least 21 years of age and
158	158	under 26 years of age for the purpose of completing the requirements
159	159	for a high school diploma, if:
160	160	(1) the person and either parent of the person reside
161	161	in the school district;
162	162	(2) the person does not reside in the school district
163	163	but a parent of the person resides in the school district and that
164	164	parent is a joint managing conservator or the sole managing
165	165	conservator or possessory conservator of the person;
166	166	(3) the person and the person's guardian or other
167	167	person having lawful control of the person under a court order
168	168	reside within the school district;
169	169	(4) the person has established a separate residence
170	170	under Subsection (d);
171	171	(5) the person is homeless, as defined by 42 U.S.C.
172	172	Section 11302, regardless of the residence of the person, of either
173	173	parent of the person, or of the person's guardian or other person
174	174	having lawful control of the person;
175	175	(6) the person is a foreign exchange student placed
176	176	with a host family that resides in the school district by a
177	177	nationally recognized foreign exchange program, unless the school
178	178	district has applied for and been granted a waiver by the
179	179	commissioner under Subsection (e);
180	180	(7) the person resides at a residential facility
181	181	located in the district;
182	182	(8) the person resides in the school district and is 18
183	183	years of age or older or the person's disabilities of minority have
184	184	been removed; [or]
185	185	(9) the person does not reside in the school district
186	186	but the grandparent of the person:
187	187	(A) resides in the school district; and
188	188	(B) provides a substantial amount of
189	189	after-school care for the person as determined by the board; or
190	190	(10) the person lives with a relative who resides in
191	191	the school district and who submits to the district a caregiver's
192	192	authorization affidavit executed under Chapter 27 of this code or
193	193	an authorization agreement executed under Chapter 34, Family Code.
194	194	(d-1) For purposes of establishing eligibility for
195	195	admission into the public schools of a district free of tuition
196	196	under this section, the submission of a caregiver's authorization
197	197	affidavit or authorization agreement under Subsection (b)(10) is
198	198	not the exclusive method by which a person under the age of 18 years
199	199	may establish a residence separate and apart from the person's
200	200	parent, guardian, or other person having lawful control of the
201	201	person under a court order.
202	202	SECTION 3. Section 25.002(f), Education Code, is amended to
203	203	read as follows:
204	204	(f) Unless a child is authorized by Section 25.001(b)(4) or
205	205	(5) or other law to enroll in public school without the
206	206	participation of another person, a [Except as otherwise provided by
207	207	this subsection, for a child to be enrolled in a public school, the
208	208	child must be enrolled by the child's parent or by the child's
209	209	guardian or other person with legal control of the child under a
210	210	court order. A] school district shall record the name, address, and
211	211	date of birth of the person enrolling the [a] child.
212	212	SECTION 4. Section 26.002, Education Code, is amended to
213	213	read as follows:
214	214	Sec. 26.002. DEFINITION. In this chapter, "parent"
215	215	includes a person standing in parental relation. The term includes
216	216	a relative with whom the child resides and who is authorized to
217	217	enroll the child in school pursuant to a caregiver's authorization
218	218	affidavit executed under Chapter 27 of this code or an
219	219	authorization agreement executed under Chapter 34, Family Code. The
220	220	term does not include a person as to whom the parent-child
221	221	relationship has been terminated or a person not entitled to
222	222	possession of or access to a child under a court order. Except as
223	223	provided by federal law, all rights of a parent under Title 2 of
224	224	this code and all educational rights under Section 151.001(a)(10)
225	225	[151.003(a)(10)], Family Code, shall be exercised by a student who
226	226	is 18 years of age or older or whose disabilities of minority have
227	227	been removed for general purposes under Chapter 31, Family Code,
228	228	unless the student has been determined to be incompetent or the
229	229	student's rights have been otherwise restricted by a court order.
230	230	SECTION 5. Sections 25.001, 25.002, and 26.002, Education
231	231	Code, as amended by this Act, apply beginning with the 2017-2018
232	232	school year.
233	233	SECTION 6. To the extent of any conflict, this Act prevails
234	234	over another Act of the 85th Legislature, Regular Session, 2017,
235	235	relating to nonsubstantive additions to and corrections in enacted
236	236	codes.
237	237	SECTION 7. This Act takes effect immediately if it receives
238	238	a vote of two-thirds of all the members elected to each house, as
239	239	provided by Section 39, Article III, Texas Constitution. If this
240	240	Act does not receive the vote necessary for immediate effect, this
241	241	Act takes effect September 1, 2017.