H.B. No. 1709
AN ACT
relating to the appointment of a surrogate parent for certain
children in the conservatorship of the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.007(b), Education Code, is amended to
read as follows:
(b) In recognition of the challenges faced by students who
are homeless or in substitute care, the agency shall assist the
transition of students who are homeless or in substitute care from
one school to another by:
(1) ensuring that school records for a student who is
homeless or in substitute care are transferred to the student's new
school not later than the 10th working day after the date the
student begins enrollment at the school;
(2) developing systems to ease transition of a student
who is homeless or in substitute care during the first two weeks of
enrollment at a new school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student who is homeless or in substitute
care while enrolled at another school;
(4) developing procedures to ensure that a new school
relies on decisions made by the previous school regarding placement
in courses or educational programs of a student who is homeless or
in substitute care and places the student in comparable courses or
educational programs at the new school, if those courses or
programs are available;
(5) promoting practices that facilitate access by a
student who is homeless or in substitute care to extracurricular
programs, summer programs, credit transfer services, electronic
courses provided under Chapter 30A, and after-school tutoring
programs at nominal or no cost;
(6) establishing procedures to lessen the adverse
impact of the movement of a student who is homeless or in substitute
care to a new school;
(7) entering into a memorandum of understanding with
the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(8) encouraging school districts and open-enrollment
charter schools to provide services for a student who is homeless or
in substitute care in transition when applying for admission to
postsecondary study and when seeking sources of funding for
postsecondary study;
(9) requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student who is homeless or in
substitute care by a school previously attended by the student, and
to provide comparable services to the student during the referral
process or until the new school develops an individualized
education program for the student;
(10) requiring school districts, campuses, and
open-enrollment charter schools to provide notice to the child's
educational decision-maker and caseworker regarding events that
may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities;
(F) reports of restraint and seclusion required
by Section 37.0021; [and]
(G) use of corporal punishment as provided by
Section 37.0011; and
(H) appointment of a surrogate parent for the
child under Section 29.0151;
(11) developing procedures for allowing a student who
is homeless or in substitute care who was previously enrolled in a
course required for graduation the opportunity, to the extent
practicable, to complete the course, at no cost to the student,
before the beginning of the next school year;
(12) ensuring that a student who is homeless or in
substitute care who is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade nine, as determined by the district, has the student's course
credit accrual and personal graduation plan reviewed;
(13) ensuring that a student in substitute care who is
in grade 11 or 12 be provided information regarding tuition and fee
exemptions under Section 54.366 for dual-credit or other courses
provided by a public institution of higher education for which a
high school student may earn joint high school and college credit;
(14) designating at least one agency employee to act
as a liaison officer regarding educational issues related to
students in the conservatorship of the Department of Family and
Protective Services; and
(15) providing other assistance as identified by the
agency.
SECTION 2. Section 29.0151, Education Code, is amended by
amending Subsections (c), (f), and (g) and adding Subsection (e-1)
to read as follows:
(c) A surrogate parent appointed by a school district may
not:
(1) be an employee of the agency [state], the school
district, or any other agency involved in the education or care of
the child; or
(2) have any interest that conflicts with the
interests of the child.
(e-1) As soon as practicable after appointing a surrogate
parent under this section, a school district shall provide written
notice of the appointment to the child's educational decision-maker
and caseworker as required under Section 25.007(b)(10)(H).
(f) If a court appoints a surrogate parent for a child with a
disability under Section 263.0025, Family Code, and the school
district determines that the surrogate parent [is failing to
perform or] is not properly performing the duties listed under
Subsection (d), the district shall consult with the Department of
Family and Protective Services regarding whether [and appoint]
another person should be appointed to serve as the surrogate parent
for the child.
(g) On receiving notice from a school district under
Subsection (f), if the Department of Family and Protective Services
agrees with the district that [must promptly notify the court of the
failure of] the appointed surrogate parent is unable or unwilling
to properly perform the duties required under this section:
(1) the department shall promptly notify the court of
the agreement; and
(2) as soon as practicable after receiving notice
under Subdivision (1), the court shall:
(A) review the appointment; and
(B) enter any orders necessary to ensure the
child has a surrogate parent who performs the duties required under
this section.
SECTION 3. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1709 was passed by the House on April
10, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1709 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor