Bill Text: TX HB1709 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the appointment of a surrogate parent for certain children in the conservatorship of the Department of Family and Protective Services.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-10 - Effective immediately [HB1709 Detail]
Download: Texas-2019-HB1709-Enrolled.html
H.B. No. 1709 |
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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; [ |
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(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 [ |
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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 [ |
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Subsection (d), the district shall consult with the Department of | ||
Family and Protective Services regarding whether [ |
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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 [ |
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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 |