The local Board or its designee shall admit into the free public schools of the local district all persons who are at least five and younger than 21 years of age on September 1 of any school year in which admission is sought if any of the following conditions exist:
Education Code 25.001(a)(b)(d)
(1) Children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;
(2) Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
(3) Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
(4) Migratory children living in circumstances described above.
"Migratory child'' means a child who is, or whose parent, spouse, or guardian is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent, spouse, or guardian in order to obtain, temporary or seasonal employment in agricultural or fishing work:
20 U.S.C. 6399(a) Has moved from one school district to another; or
(b) Resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity.
(1) The child lacks a fixed, regular, and adequate nighttime residence; or
(2) The child has a primary nighttime residence in a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill), an institution providing temporary residence for individuals intended to be institutionalized, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.
Education Code 25.001(b); 42 U.S.C. 11434(a)
Education Code 25.001(b)(6), (e)
Education Code 25.001(b)(9)
The local district may require evidence that a person is eligible to attend the public free schools of the district at the time it considers an application for admission of the person. The Board or its designee shall establish minimum proof of residency acceptable to the local district. When admission is sought under item 4 above, the Board shall determine whether an applicant qualifies as a resident of the district and may adopt reasonable guidelines for making that determination as necessary to protect the best interest of students. Education Code 25.001(c)
For students applying for admission or already admitted to TSBVI, whose residence address is different from the residence address of the student's parent or guardian, TSBVI shall require from the local school district documentation that the student has met the district's requirements for minimum proof of residency.
The local district may withdraw any student who ceases to be a resident. Daniels v. Morris, 746 F.2d 271 (5th Cir. 1984)
Denying enrollment to otherwise eligible children who are not legally admitted into the United States violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Plyler v. Doe 457 U.S. 202 (1982)
A student who has received a high school equivalency certificate is entitled to enroll in a public school in the same manner as any other student who has not received a high school diploma. Education Code 29.087(h)
The local Board may allow a person showing evidence of legal responsibility for a child other than an order of a court to substitute for a guardian or other person having lawful control of the child under court order. Education Code 25.001(j)
A student placed in foster care by an agency of the state or a political subdivision, and whose foster parents reside in the local district, shall be permitted to attend local district schools free of any charge to the foster parents or to the agency. No durational residency requirement shall be used to prohibit such a student from fully participating in all activities sponsored by a local district. Education Code 25.001(f)
A student enrolled in high school in grade 9, 10, 11, or 12 who is placed in temporary foster care by the Department of Human Resources at a residence outside the attendance area for the school or outside the local district is entitled to complete high school at the school in which the student was enrolled at the time of placement without payment of tuition. Education Code 25.001(g)
A child must be enrolled by the child's parent, guardian, or other person with legal control under a court order. The local district and TSBVI shall record the name, address, and date of birth of the person enrolling the child. Education Code 25.002(f)
A student must be identified by the student's legal surname as it appears on the student's birth certificate or other document suitable as proof of the student's identify, or in a court order changing the student's name. Education Code 25.0021
Not later than the 30th day after the date a parent or other person with legal control of a child enrolls the child in TSBVI, the parent or other person, or the school district in which the child most recently attended school, shall furnish to TSBVI all of the following:
Students shall not be denied enrollment or be removed solely because they fail to provide the documentation required in items 1 and 2, above.
Education Code 25.002(a) 19 TAC 129.1(a),(b)
A district must furnish information under items 1 and 2 not later than the tenth working day after the date the district receives a request for the information.
A local district shall enroll a child without the required documentation if the Department of Family and Protective Services (FPS) has taken possession of the child. FPS shall ensure that the required documentation is furnished to the local district not later than the 30th day after the date the child is enrolled. Education Code 25.002(g)
If a child is enrolled under a name other than the name that appears in the identifying documents or records, TSBVI shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying records and the name under which the child is enrolled.
If the required documents and other records are not furnished to TSBVI within 30 days after enrollment, TSBVI shall request the local district to notify the police department of the city or the sheriff's department of the county in which the local district is located and request a determination of whether the child has been reported as missing.
Education Code 25.002(b)(c), 38.001
On enrollment of a child under 11 years of age in a local district school for the first time at the school, the local district shall:
If a person enrolls a child under 11 years of age in school and does not provide the valid prior school information or documentation required, the school shall notify the appropriate law enforcement agency before the thirty-first day after the person fails to comply.
Code of Criminal Procedures 62.019
When accepting a child for enrollment, the local district and TSBVI shall inform the parent or other person enrolling the child that presenting false information or false records for identification is a criminal offense under Penal Code 37.10 and that enrolling the child under false documents makes the person liable for tuition or other costs as provided below. Education Code 25.002(d)
In addition to the penalty under Penal Code 37.10, a person who knowingly falsifies information on a form required for a student's enrollment in a local district is liable to the district if the student is not eligible for enrollment, but is enrolled on the basis of false information. For the period during which the ineligible student is enrolled, the person is liable for the maximum tuition fee a local district may charge (see FDA) or the amount a local district has budgeted per student as maintenance and operating expense, whichever is greater. Education Code 25.001(h)
A local district may include on its enrollment form notice of the legal penalties and liability for falsifying information on the form. Education Code 25.001(i)
The local district and TSBVI shall accept all credits earned toward state graduation requirements by students in accredited Texas school districts, including credits earned in accredited summer school programs. Credits earned in local credit courses may be transferred at the local district's discretion. Transfer students shall not be prohibited from attending school pending receipt of transcripts or academic records from a district the student previously attended. 19 TAC 74.26(a)(i)
Records and transcripts of students from Texas nonpublic schools or from out of state or out of the country (including foreign exchange students) shall be evaluated, and students shall be placed promptly in appropriate classes. A local district or TSBVI may use a wide variety of methods to verify the content of courses for which a transfer student has earned credit. 19 TAC 74.26(a)(2)
A child may be enrolled in the local district's or TSBVI's first grade if he or she is at least six years of age at the beginning of the current school year or has been enrolled in the first grade, or completed kindergarten, in the public schools of another state prior to transferring to a district. Education Code 42.003(c)
A student younger than five years of age is eligible for enrollment in the public schools if the student performs satisfactorily on the assessment instrument administered to third graders and a district has adopted a policy to admit students younger than five years of age. Education Code 42.003(d)
The The Director of Health Services of TSBVI shall ensure that each student admitted to TSBVI has complied with requirements for screening of special senses and communication disorders, spinal screening and acanthosis nigricans screening or has submitted an affidavit of exemption. Health and Safety Code 36.005, 37.002, 95.003(c) (See FFAA)
At the time a student is registered, School personnel shall inform parents, guardians, or managing conservators that the School periodically applies pesticides indoors and that information on the application of pesticides is available on request. Art. 135b-6, Sec. 4G(g), V.A.T.S. (See CLB)
Adopted: 7/13/79
Amended: 11/14/97, 1/24/02, 11/18/05
Reviewed: