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