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.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Courts (Family Law) • Texas Education Agency (via Local Independent School Districts) • Department of Family and Protective Services
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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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Current law provides certain rights to a parent who has been appointed managing conservator that are either exclusive, independent, or exercised by agreement with the other managing conservators, as applicable, such as the right to designate the child's primary residence, make medical decisions, and make educational decisions. However, the bill author has informed the committee that while a sole managing conservator may enjoy the exclusive right to make educational decisions, the failure to specifically delineate the right to designate what school a child will attend or the right to enroll a child in school forces court intervention when a sole managing conservator and a possessory conservator disagree on the scope of educational decisions. H.B. 2495 seeks to provide clarification for the right to designate the school and to enroll the child in the school by granting sole managing conservators the exclusive right to do so, with the aim of reducing conflict between conservators and the stress on the child who is the subject of the suit.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2495 amends the Family Code to include the right to designate the school a child will attend and to enroll the child in the school, subject to any eligibility or admissions requirements, among the rights of any of the following entities appointed as sole managing conservator of the child in a suit affecting the parent-child relationship, unless limited by court order or, if applicable, other statutory provisions:
·a parent;
·a nonparent;
·a licensed child-placing agency; or
·the Department of Family and Protective Services.
The bill applies only to a suit affecting the parent-child relationship that is pending in a trial court on or filed on or after the bill's effective date.
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2495 by Dutton (Relating to certain rights of the sole managing conservator of a child in relation to the child's enrollment in school.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would allow a parent, a non-parent, a licensed child placing agency, or the Department of Family and Protective Services appointed as sole managing conservator of the child, the right to designate the school the child will attend and to enroll the child in the school, subject to any eligibility or admissions requirement.
It is assumed any costs to the Department of Family and Protective Services and the Office of Court Administration could be absorbed within existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of
LBB Staff:
JMc, KDw, ER, AN
Related Legislation
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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 Texas Courts (Family Law), Texas Education Agency (via Local Independent School Districts) and Department of Family and Protective Services.
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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