By: West S.B. No. 1775
(In the Senate - Filed March 8, 2013; March 25, 2013, read
first time and referred to Committee on Education; April 15, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 6, Nays 1, 1 present not voting;
April 15, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1775 By: West
A BILL TO BE ENTITLED
AN ACT
relating to school campus information, student transfers, and the
public education grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.051, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Each regional education service center shall
consolidate and submit to the agency or the entity contracting with
the agency under Section 25.0012(b) the school availability
information required under Section 25.0012 for any school located
in the area served by the center. Each school district and
open-enrollment charter school shall provide the necessary
information to the regional education service center once each
year. The information shall be submitted by the center in the
manner and format specified by the agency or contracting entity.
Each regional education service center shall provide additional
campus information and enrollment services as required by the
commissioner.
SECTION 2. Subchapter A, Chapter 25, Education Code, is
amended by adding Section 25.0012 to read as follows:
Sec. 25.0012. SCHOOL AVAILABILITY INFORMATION. (a) A
school district, open-enrollment charter school, or regional
education service center shall prominently display and maintain on
the entity's Internet website a list that includes:
(1) each campus located within the district, area
served by the school, or region;
(2) the number of students that may attend each
campus;
(3) the number of students attending each campus;
(4) the number of available student positions at each
campus, as determined by the district;
(5) intensive programs offered at each campus,
including optional flexible school day and credit recovery
programs;
(6) college and career readiness programs offered at
each campus, including dual credit programs, international
baccalaureate programs, advanced placement programs, magnet
programs, and Advancement Via Individual Determination (AVID)
programs; and
(7) expanded learning programs, including extended
day programs, extended year programs, and 21st Century Community
Learning Center programs.
(b) The agency may contract for the services of one or more
contractors to develop, implement, maintain, and publicize an
Internet website that enables the public to identify by zip code the
school district campuses and open-enrollment charter schools
located in a student's district of residence and contiguous
districts that match identified performance and program offerings,
including the program offerings in Subsections (a)(5)-(7). For
each campus identified, the Internet website shall display the
information specified in Subsections (a)(2) and (3) and the process
by which a student may enroll in a campus that is not the campus to
which the student is assigned. In awarding a contract under this
subsection, the agency must consider an applicant's demonstrated
competence and qualifications in maximizing Internet website
accessibility and ease of use.
(c) In addition to any amount appropriated by the
legislature, the agency may accept funds from any other public or
private entity to carry out the requirements of this section. Funds
accepted under this subsection may not be accepted on terms
inconsistent with the requirements of this section.
SECTION 3. Section 25.031, Education Code, is amended to
read as follows:
Sec. 25.031. ASSIGNMENTS AND TRANSFERS; OPEN ENROLLMENT [IN
DISCRETION OF GOVERNING BOARD]. (a) In conformity with this
subchapter and rules adopted by the commissioner, the board of
trustees of a school district or the board of county school trustees
or a school employee designated by the board shall [may] assign and
transfer any student from one school facility or classroom to
another within its jurisdiction.
(b) Except as otherwise provided by this section, a school
district that has more applicants for a transfer to a school
facility than available positions must give priority to students at
risk of dropping out of school as defined by Section 29.081 and must
fill the available positions by lottery.
(c) The board of trustees of a school district may adopt a
policy that establishes admissions criteria, including audition or
performance criteria, for admission to a campus or program,
including a magnet campus or program, that offers specialized areas
of study and focus for students.
(d) Except as otherwise provided by Subsection (b) or (c),
by this subchapter, or by commissioner rule, a school district
shall permit open enrollment in any campus in the district.
(e) In permitting transfers under this section, a school
district may not discriminate on the basis of a student's race,
ethnicity, sex, or socioeconomic status.
(f) A student permitted to transfer to a campus under this
section may continue to attend that campus and the campuses to which
students from that campus are regularly assigned for higher grade
levels until the student graduates from high school.
SECTION 4. Section 29.201, Education Code, is amended to
read as follows:
Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other
provision of this code, as provided by this subchapter an eligible
student may attend a public school in the district in which the
student resides or may use a public education grant to attend any
other district chosen by the student's parent until the student
decides to attend a school in a different district or graduates from
high school.
SECTION 5. Subsection (b), Section 29.202, Education Code,
is amended to read as follows:
(b) After a student has used a public education grant to
attend a school in a district other than the district in which the
student resides,[:
[(1)] the student does not become ineligible for the
grant if the school on which the student's initial eligibility is
based no longer meets the criteria under Subsection (a)[; and
[(2) the student becomes ineligible for the grant if
the student is assigned to attend a school that does not meet the
criteria under Subsection (a)].
SECTION 6. Subsections (c) and (d), Section 29.203,
Education Code, are amended to read as follows:
(c) A school district is entitled to additional facilities
assistance under Section 42.4101 if the district enrolls [agrees
to:
[(1) accept] a number of students using public
education grants that is at least one percent of the district's
average daily attendance for the preceding school year[; and
[(2) provide services to each student until the
student either voluntarily decides to attend a school in a
different district or graduates from high school].
(d) [A school district chosen by a student's parent under
Section 29.201 is entitled to accept or reject the application for
the student to attend school in that district but may not use
criteria that discriminate on the basis of a student's race,
ethnicity, academic achievement, athletic abilities, language
proficiency, sex, or socioeconomic status.] A school district that
has more [acceptable] applicants for attendance under this
subchapter than available positions must [give priority to students
at risk of dropping out of school as defined by Section 29.081 and
must] fill the available positions by lottery. However, to achieve
continuity in education, a school district may give priority
[preference over at-risk students to enrolled students and] to the
siblings of enrolled students residing in the same household or
other children residing in the same household as enrolled students
for the convenience of parents, guardians, or custodians of those
children.
SECTION 7. This Act applies beginning with the 2013-2014
school year.
SECTION 8. 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, 2013.
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