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  H.B. No. 2619
 
 
 
 
AN ACT
  relating to the educational needs of 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 107.002, Family Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  A guardian ad litem appointed to represent a child in
  the managing conservatorship of the Department of Family and
  Protective Services shall, before each scheduled hearing under
  Chapter 263, determine whether the child's educational needs and
  goals have been identified and addressed.
         SECTION 2.  Section 107.004, Family Code, is amended by
  adding Subsection (d-2) to read as follows:
         (d-2)  An attorney ad litem appointed to represent a child in
  the managing conservatorship of the Department of Family and
  Protective Services shall, before each scheduled hearing under
  Chapter 263, determine whether the child's educational needs and
  goals have been identified and addressed.
         SECTION 3.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.0025 to read as follows:
         Sec. 263.0025.  APPOINTMENT OF SURROGATE PARENT. (a) If a
  child in the temporary or permanent conservatorship of the
  department is eligible under Section 29.003, Education Code, to
  participate in a school district's special education program, the
  court may, when necessary to ensure that the educational rights of
  the child are protected, appoint a surrogate parent who:
               (1)  is willing to serve in that capacity; and
               (2)  meets the requirements of 20 U.S.C. Section
  1415(b) and Section 29.001(10), Education Code.
         (b)  In appointing a surrogate parent for a child, the court
  shall give preferential consideration to a foster parent of the
  child as required under Section 29.015, Education Code.
         (c)  If the court does not appoint a child's foster parent to
  serve as the child's surrogate parent, the court shall give
  consideration to:
               (1)  a relative or other designated caregiver as
  defined by Section 264.751; or
               (2)  a court-appointed volunteer advocate who has been
  appointed to serve as the child's guardian ad litem, as provided by
  Section 107.031(c).
         (d)  The following persons may not be appointed as a
  surrogate parent for the child:
               (1)  the department;
               (2)  the Texas Education Agency;
               (3)  a school or school district; or
               (4)  any other agency that is involved in the education
  or care of the child.
         SECTION 4.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.004 to read as follows:
         Sec. 263.004.  NOTICE TO COURT REGARDING EDUCATION
  DECISION-MAKING. (a) Unless the rights and duties of the
  department under Section 153.371(10) to make decisions regarding
  the child's education have been limited by court order, the
  department shall file with the court a report identifying the name
  and contact information for each person who has been:
               (1)  designated by the department to make educational
  decisions on behalf of the child; and
               (2)  assigned to serve as the child's surrogate parent
  in accordance with 20 U.S.C. Section 1415(b) and Section
  29.001(10), Education Code, for purposes of decision-making
  regarding special education services, if applicable.
         (b)  Not later than the fifth day after the date an adversary
  hearing under Section 262.201 or Section 262.205 is concluded, the
  report required by Subsection (a) shall be filed with the court and
  a copy shall be provided to:
               (1)  each person entitled to notice of a permanency
  hearing under Section 263.301; and
               (2)  the school the child attends.
         (c)  If a person other than a person identified in the report
  required by Subsection (a) is designated to make educational
  decisions or assigned to serve as a surrogate parent, the
  department shall file with the court an updated report that
  includes the information required by Subsection (a) for the
  designated or assigned person. The updated report must be filed not
  later than the fifth day after the date of designation or
  assignment.
         SECTION 5.  Section 263.306, Family Code, is amended to read
  as follows:
         Sec. 263.306.  PERMANENCY HEARINGS: PROCEDURE. (a) At each
  permanency hearing the court shall:
               (1)  identify all persons or parties present at the
  hearing or those given notice but failing to appear;
               (2)  review the efforts of the department or another
  agency in:
                     (A)  attempting to locate all necessary persons;
                     (B)  requesting service of citation; and
                     (C)  obtaining the assistance of a parent in
  providing information necessary to locate an absent parent, alleged
  father, or relative of the child;
               (3)  review the efforts of each custodial parent,
  alleged father, or relative of the child before the court in
  providing information necessary to locate another absent parent,
  alleged father, or relative of the child;
               (4)  return the child to the parent or parents if the
  child's parent or parents are willing and able to provide the child
  with a safe environment and the return of the child is in the
  child's best interest;
               (5)  place the child with a person or entity, other than
  a parent, entitled to service under Chapter 102 if the person or
  entity is willing and able to provide the child with a safe
  environment and the placement of the child is in the child's best
  interest;
               (6)  evaluate the department's efforts to identify
  relatives who could provide the child with a safe environment, if
  the child is not returned to a parent or another person or entity
  entitled to service under Chapter 102;
               (7)  evaluate the parties' compliance with temporary
  orders and the service plan;
               (8)  identify an education decision-maker for the child
  if one has not previously been identified;
               (9)  determine whether:
                     (A)  the child continues to need substitute care;
                     (B)  the child's current placement is appropriate
  for meeting the child's needs, including with respect to a child who
  has been placed outside of the state, whether that placement
  continues to be in the best interest of the child; and
                     (C)  other plans or services are needed to meet
  the child's special needs or circumstances;
               (10) [(9)]  if the child is placed in institutional
  care, determine whether efforts have been made to ensure placement
  of the child in the least restrictive environment consistent with
  the best interest and special needs of the child;
               (11) [(10)]  if the child is 16 years of age or older,
  order services that are needed to assist the child in making the
  transition from substitute care to independent living if the
  services are available in the community;
               (12) [(11)]  determine plans, services, and further
  temporary orders necessary to ensure that a final order is rendered
  before the date for dismissal of the suit under this chapter;
               (13) [(12)]  if the child is committed to the Texas
  Juvenile Justice Department [Youth Commission] or released under
  supervision by the Texas Juvenile Justice Department [Youth
  Commission], determine whether the child's needs for treatment,
  rehabilitation, and education are being met; and
               (14) [(13)]  determine the date for dismissal of the
  suit under this chapter and give notice in open court to all parties
  of:
                     (A)  the dismissal date;
                     (B)  the date of the next permanency hearing; and
                     (C)  the date the suit is set for trial.
         (b)  The court shall also review the service plan, permanency
  report, and other information submitted at the hearing to:
               (1)  determine:
                     (A)  the safety of the child;
                     (B)  the continuing necessity and appropriateness
  of the placement;
                     (C)  the extent of compliance with the case plan;
                     (D)  whether the child's education needs and goals
  have been identified and addressed;
                     (E)  the extent of progress that has been made
  toward alleviating or mitigating the causes necessitating the
  placement of the child in foster care; and
                     (F) [(E)]  whether the department has made
  reasonable efforts to finalize the permanency plan that is in
  effect for the child, including the concurrent permanency goals for
  the child; and
               (2)  project a likely date by which the child may be
  returned to and safely maintained in the child's home, placed for
  adoption, or placed in permanent managing conservatorship.
         SECTION 6.  Section 263.503(a), Family Code, is amended to
  read as follows:
         (a)  At each placement review hearing, the court shall
  determine whether:
               (1)  the child's current placement is necessary, safe,
  and appropriate for meeting the child's needs, including with
  respect to a child placed outside of the state, whether the
  placement continues to be appropriate and in the best interest of
  the child;
               (2)  efforts have been made to ensure placement of the
  child in the least restrictive environment consistent with the best
  interest and special needs of the child if the child is placed in
  institutional care;
               (3)  the services that are needed to assist a child who
  is at least 16 years of age in making the transition from substitute
  care to independent living are available in the community;
               (4)  other plans or services are needed to meet the
  child's special needs or circumstances;
               (5)  the department or authorized agency has exercised
  due diligence in attempting to place the child for adoption if
  parental rights to the child have been terminated and the child is
  eligible for adoption;
               (6)  for a child for whom the department has been named
  managing conservator in a final order that does not include
  termination of parental rights, a permanent placement, including
  appointing a relative as permanent managing conservator or
  returning the child to a parent, is appropriate for the child;
               (7)  for a child whose permanency goal is another
  planned, permanent living arrangement, the department has:
                     (A)  documented a compelling reason why adoption,
  permanent managing conservatorship with a relative or other
  suitable individual, or returning the child to a parent is not in
  the child's best interest; and
                     (B)  identified a family or other caring adult who
  has made a permanent commitment to the child;
               (8)  the department or authorized agency has made
  reasonable efforts to finalize the permanency plan that is in
  effect for the child; [and]
               (9)  if the child is committed to the Texas Juvenile
  Justice Department [Youth Commission] or released under
  supervision by the Texas Juvenile Justice Department [Youth
  Commission], the child's needs for treatment, rehabilitation, and
  education are being met;
               (10)  an education decision-maker for the child has
  been identified; and
               (11)  the child's education needs and goals have been
  identified and addressed.
         SECTION 7.  Subchapter B, Chapter 264, Family Code, is
  amended by adding Section 264.1072 to read as follows:
         Sec. 264.1072.  EDUCATIONAL STABILITY. The department shall
  develop, in accordance with 42 U.S.C. Section 675, a plan to ensure
  the educational stability of a foster child.
         SECTION 8.  Section 266.008(c), Family Code, is amended to
  read as follows:
         (c)  The department shall make the passport available to:
               (1)  any person authorized by law to make educational
  decisions for the foster child;
               (2)  the person authorized to consent to medical care
  for the foster child; and
               (3)  [to] a provider of medical care to the foster child
  if access to the foster child's educational information is
  necessary to the provision of medical care and is not prohibited by
  law.
         SECTION 9.  Section 25.001(g), Education Code, is amended to
  read as follows:
         (g)  A student enrolled in a primary or secondary public
  [high] school [in grade 9, 10, 11, or 12] who is placed in the
  conservatorship of [temporary foster care by] the [Texas]
  Department of Family and Protective [Human] Services and at a
  residence outside the attendance area for the school or outside the
  school district is entitled to continue to attend [complete high
  school at] the school in which the student was enrolled immediately
  before entering conservatorship until the student successfully
  completes the highest grade level offered by the school at the time
  of placement without payment of tuition.
         SECTION 10.  Section 25.007(b), Education Code, is amended
  to read as follows:
         (b)  In recognition of the challenges faced by students in
  substitute care, the agency shall assist the transition of
  substitute care students from one school to another by:
               (1)  ensuring that school records for a student in
  substitute care are transferred to the student's new school not
  later than the 10th working [14th] day after the date the student
  begins enrollment at the school;
               (2)  developing systems to ease transition of a student
  in substitute care during the first two weeks of enrollment at a new
  school;
               (3)  developing procedures for awarding credit for
  course work, including electives, completed by a student in
  substitute care while enrolled at another school;
               (4)  promoting practices that facilitate access by a
  student 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;
               (5)  establishing procedures to lessen the adverse
  impact of the movement of a student in substitute care to a new
  school;
               (6)  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;
               (7)  encouraging school districts and open-enrollment
  charter schools to provide services for a student in substitute
  care in transition when applying for admission to postsecondary
  study and when seeking sources of funding for postsecondary study;
               (8)  requiring school districts, campuses, and
  open-enrollment charter schools to accept a referral for special
  education services made for a student in substitute care by a school
  previously attended by the student; [and]
               (9)  requiring school districts 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
               (10)  providing other assistance as identified by the
  agency.
         SECTION 11.  Section 25.087(b), Education Code, is amended
  to read as follows:
         (b)  A school district shall excuse a student from attending
  school for:
               (1)  the following purposes, including travel for those
  purposes:
                     (A)  observing religious holy days;
                     (B)  attending a required court appearance;
                     (C)  appearing at a governmental office to
  complete paperwork required in connection with the student's
  application for United States citizenship;
                     (D)  taking part in a United States naturalization
  oath ceremony; [or]
                     (E)  serving as an election clerk; or
                     (F)  for a child in the conservatorship of the
  Department of Family and Protective Services, attending a mental
  health or therapy appointment or family visitation as ordered by a
  court under Chapter 262 or 263, Family Code; or
               (2)  a temporary absence resulting from an appointment
  with a health care professional [professionals] if that student
  commences classes or returns to school on the same day of the
  appointment.
         SECTION 12.  (a)  Sections 107.002(i) and 107.004(d-2),
  Family Code, as added by this Act, apply only to a suit affecting
  the parent-child relationship filed on or after the effective date
  of this Act. A suit filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         (b)  The changes in law made by this Act to the Education Code
  apply beginning with the 2013-2014 school year.
         SECTION 13.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2619 was passed by the House on May 2,
  2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2619 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor