By: Buckingham, Campbell, Hinojosa S.B. No. 676
(In the Senate - Filed February 6, 2019; March 1, 2019, read
first time and referred to Committee on Education; April 8, 2019,
reported favorably by the following vote: Yeas 10, Nays 0;
April 8, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to establishing residency for purposes of admission into
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.001, Education Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) A person whose parent or guardian is an active-duty
member of the armed forces of the United States, including the state
military forces or a reserve component of the armed forces, may
establish residency for purposes of Subsection (b) by providing to
the school district a copy of a military order requiring the
parent's or guardian's transfer to a military installation in or
adjacent to the district's attendance zone.
(c-2) A person who establishes residency as provided by
Subsection (c-1) shall provide to the school district proof of
residence in the district's attendance zone not later than the 10th
day after the arrival date specified in the order described by that
subsection. For purposes of this subsection, "residence" includes
residence in a military temporary lodging facility.
SECTION 2. Section 12.104(b), Education Code, as amended by
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
of the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) [(P)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d); and
(T) establishment of residency under Section
25.001.
SECTION 3. This Act applies beginning with the 2019-2020
school year.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. 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.
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