By: Wilson H.B. No. 5167
A BILL TO BE ENTITLED
AN ACT
Relating to the regulation of educational opportunity extended to
military-connected students in Texas public schools
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section S, Article II, Chapter 162, Education
Code, is amended to read as follows:
S. "Veteran" means: a person who served in the uniformed
services and who was discharged or released therefrom under
conditions other than dishonorable, including retirement.
SECTION 2. Section A, Article III, Chapter 162, Education
Code, is amended to read as follows:
A. Except as otherwise provided in Section B, this compact
shall apply to the children of:
1. active duty members of the uniformed services as
defined in this compact, including members of the National Guard
and Reserve on active duty orders pursuant to 10 U.S.C. Sections
1209 and 1211;
2. members or veterans of the uniformed services who
are severely injured and medically discharged or retired for a
period of one (1) year after a medical discharge or up to four (4)
years after retirement if the veteran returns to home of record on
military ordersretirement; and
3. members of the uniformed services who die on active
duty or as a result of injuries sustained on active duty for a
period of four (4)one (1) year after death.
SECTION 3. Article IV, Chapter 162, Education Code, is
amended by adding Section E to read as follows:
ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
A. Unofficial or "hand-carried" education records--In the
event that official education records cannot be released to the
parents for the purpose of transfer, the custodian of the records in
the sending state shall prepare and furnish to the parent a complete
set of unofficial education records containing uniform information
as determined by the Interstate Commission. Upon receipt of the
unofficial education records by a school in the receiving state,
the school shall enroll and appropriately place the student based
on the information provided in the unofficial records pending
validation by the official records, as quickly as possible.
B. Official education records/transcripts--Simultaneous
with the enrollment and conditional placement of the student, the
school in the receiving state shall request the student's official
education record from the school in the sending state. Upon receipt
of this request, the school in the sending state will process and
furnish the official education records to the school in the
receiving state within ten (10) days or within such time as is
reasonably determined under the rules promulgated by the Interstate
Commission.
C. Immunizations--Compacting states shall give thirty (30)
days from the date of enrollment or within such time that does not
exceed thirty (30) days as is reasonably determined under the rules
promulgated by the Interstate Commission, for students to obtain
any immunization(s) required by the receiving state. For a series
of immunizations, initial vaccinations must be obtained within
thirty (30) days or within such time that does not exceed thirty
(30) days as is reasonably determined under the rules promulgated
by the Interstate Commission. The collection and exchange of
information pertaining to immunizations shall be subject to
confidentiality provisions prescribed by federal law.
D. Kindergarten and first grade entrance age--Students
shall be allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level (including
kindergarten) from a local education agency in the sending state at
the time of transition, regardless of age. A student that has
satisfactorily completed the prerequisite grade level in the local
education agency in the sending state shall be eligible for
enrollment in the next highest grade level in the receiving state,
regardless of age. A student transferring after the start of the
school year in the receiving state shall enter the school in the
receiving state on their validated level from an accredited school
in the sending state.
E. For enrollment purposes an MIC3 tab is required to be
placed on Texas Education Agency and each Local Education Agency
websites to make the Compact easily accessible to military families
and district personnel.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
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, 2023.