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HB2495

Regular Session

Relating to certain rights of a child or a parent or the sole managing conservator of a child in relation to the child's enrollment in school.

Moderate
Low Cost
Effective:2025-06-20
Enforcing Agencies

Department of Family and Protective Services • Texas Courts (Family Law) • Texas Education Agency (TEA)

HB2495
Relating to certain rights of a child or a parent or the sole managing conservator of a child in relation to the child's enrollment in school.
Moderate Urgency
Unanimous Passage
House Vote126 - 0
YEA
100% in favor126 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Department of Family and Protect...Texas CourtsTEA
Primary Author: Rep. Harold Dutton
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
  • Compliance Deadline: Immediate. Admissions teams processing enrollments for the Fall 2025 academic year must apply these standards to all incoming paperwork.
  • Agency Rulemaking: No formal rulemaking is mandated for the Texas Education Agency (TEA), creating a regulatory gray zone. Local Independent School Districts (ISDs) and private boards must establish internal interpretations immediately, as the law applies to all suits pending in trial courts as of the effective date.

Immediate Action Plan

  • 1. Issue a directive to admissions staff immediately: "Do not enroll a child based solely on 'educational rights' language; verify 'school designation' authority."
  • 2. Update enrollment contracts for the upcoming semester to reflect the specific Family Code citation (§ 151.001(a)(11)).
  • 3. Audit pending applications where custody orders are dated on or after June 20, 2025, to ensure compliance with the new format.
  • 4. Draft a form letter for parents explaining that new Texas law requires specific proof of the right to designate the school before enrollment can be finalized.

Operational Changes Required

Contracts

  • Enrollment Agreements: Amend standard enrollment contracts to include a specific representation warranty. The signatory must affirm they possess the "exclusive or independent right to designate the school the child will attend" pursuant to Texas Family Code § 151.001(a)(11).
  • Indemnification: Strengthen indemnification clauses to protect the institution if a non-designating parent sues for "interference with child custody" based on an unauthorized enrollment.

Hiring/Training

  • Admissions Staff Training: Intake staff must be retrained to stop accepting "Joint Managing Conservator" status as automatic proof of enrollment authority. They must learn to identify the specific "school designation" clause in divorce decrees and SAPCR orders.
  • Conflict Protocol: Establish a clear chain of command for when parents present conflicting orders. Front-line staff should not adjudicate these; they must refer them to legal counsel or the Registrar immediately.

Reporting & Record-Keeping

  • Intake Forms: Revise "Legal Custody" questionnaires. Replace generic checkboxes with specific inquiries regarding the "Right to Designate School Location."
  • File Audits: Flag files for students from high-conflict families. If a modification order is submitted after June 20, 2025, verify it contains the new statutory language regarding designation rights.

Fees & Costs

  • Legal Review: Budget for immediate outside counsel review of enrollment contracts.
  • Insurance: No statutory fee increases, but institutions should review Educators Legal Liability (ELL) policies to ensure defense costs cover third-party custody disputes.

Strategic Ambiguities & Considerations

  • "Subject to Eligibility Requirements": The law grants the right to enroll "subject to any eligibility or admissions requirements." While this protects private school admission standards, it is unclear if a school is *required* to withdraw a student if the parent with "designation" rights demands it, despite the other parent paying tuition.
  • Split Rights Scenarios: The law allows for a scenario where Parent A has "educational decision-making" (e.g., curriculum choice, IEPs) and Parent B has "school designation" (location). The statute does not define which right prevails if Parent A rejects the curriculum of the school Parent B designated.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 5, 2025
Passed House
Apr 25, 2025
Passed Senate
May 22, 2025
Signed
Jun 20, 2025
TopicsEducationEducation--primary & SecondaryEducation--primary & Secondary--admission & AttendanceFamilyFamily--parent & ChildParental Rights
03

House Authors

Rep. Harold DuttonDemocrat · Primary Author
Joint Authors

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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More from Rep. Harold Dutton

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Quick Reference

Frequently Asked Questions

Common questions about HB2495

Q

What does Texas HB2495 do?

HB2495 bifurcates parental authority by legally separating the "right to make educational decisions" from the "right to designate the school and enroll the child. " Effective immediately, educational institutions can no longer accept general "educational decision-making" authority as sufficient for enrollment; you must verify which parent holds the specific statutory right to designate the school location under the amended Family Code. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Q

Who authored HB2495?

HB2495 was authored by Texas Representative Harold Dutton during the Regular Session.

Q

When was HB2495 signed into law?

HB2495 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB2495?

HB2495 is enforced by Department of Family and Protective Services, Texas Courts (Family Law) and Texas Education Agency (TEA).

Q

How urgent is compliance with HB2495?

The compliance urgency for HB2495 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB2495?

The cost impact of HB2495 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB2495 address?

HB2495 addresses topics including education, education--primary & secondary, education--primary & secondary--admission & attendance, family and family--parent & child.

Legislative data provided by LegiScanLast updated: November 25, 2025

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