Texas House Bill HB2247

Texas 2017 - 85th Regular

Caption

Relating to authorization for a caregiver who is a relative to enroll a child in school.

Impact

The implications of HB 2247 on state laws primarily involve adjustments to the Texas Education Code. By introducing Chapter 27 under Subtitle E, Title 2 of the Education Code, the bill recognizes the rights of relative caregivers in the context of child enrollment in public schools. This includes setting criteria for the affidavit that the caregivers must complete, which provides a legal basis for schools to accept these caregivers' authority to enroll the child. As a result, the bill could significantly simplify situations for many children in familial care settings, potentially increasing their access to education.

Summary

House Bill 2247 aims to address the enrollment of children in public schools by allowing caregivers who are relatives to enroll a child without requiring direct consent from the child's biological parents or legal guardians. The bill establishes a framework wherein a relative caregiver can complete an affidavit asserting that the child primarily resides with them and that they have made reasonable efforts to contact the child's parent or guardian for authorization. This procedure seeks to streamline the enrollment process for certain children who may not have immediate access to a parent or legal guardian.

Contention

While HB 2247 is likely to benefit many families and ensure that children are enrolled in school promptly, there may be concerns regarding the extent of authority granted to caregivers versus the rights of biological parents. The legislation explicitly ensures that the affidavit does not confer any legal custody to the caregiver, thus balancing the rights of both caregivers and parents. However, discussion may arise surrounding the interpretation of 'reasonable diligent effort', as this could vary significantly depending on individual circumstances leading to varying degrees of success in contacting the child's parents or guardians. Ultimately, the legislation attempts to address a gap for children who are in transitional living situations, such as those living with relatives due to familial or custodial issues.