By: West S.B. No. 1775
A BILL TO BE ENTITLED
AN ACT
relating to student eligibility to attend public school districts
and charter schools, 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 gather,
consolidate, and submit to the agency or third party designated by
the agency the information specified in Section 25.0012 for its
region in the manner and format specified by the agency or third
party and provide additional campus information and enrollment
facilitation services as directed 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;
(5) intensive programs offered at each campus, such as an
optional Flexible school day, credit recovery program;
(7) college and career readiness programs such as dual
credit offerings, AVID, International Baccalaureate, or Advanced
Placement programs;
(8) expanded learning programs, such as extended day,
extended year programs or 21st Century after-school programs.
(b) The agency shall contract for the services of one or
more third-party contractors to develop, implement, maintain, and
publicize an Internet website that enables the public to identify
by zip code campuses of school districts and open-enrollment
charter schools located within the student's district of residence
and contiguous districts that match identified performance and
program offerings, including the categories of program offerings
specified in Subsections (a)(5)-(a)(7. For each campus identified,
the website shall display the information specified in Subsections
(a)(2) and (a)(3) as well as the step-by-step process by which a
student may enroll in a campus outside the student's assigned
attendance zone. In addition to any other considerations required
by law, the agency must consider an applicant's demonstrated
competence and qualifications in maximizing website accessibility
and ease of use in awarding a contract under this subsection.
(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 section may not be accepted on terms
inconsistent with the requirements of this section.
SECTION 3. The heading of Section 25.031, Education Code,
is amended to read as follows:
Sec. 25.031. OPEN ENROLLMENT [ASSIGNMENTS AND TRANSFERS IN
DISCRETION OF GOVERNING BOARD
SECTION 4. Section 25.031, Education Code, is amended to
read as follows:
In conformity with rules adopted by the commissioner and this
subchapter, 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. A school
district that has more applicants for transfer under this section
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.
SECTION 5. Section 25.036, Education Code, is amended by
amending Subsection (a) and adding Subsections (c, (d), (e) and (f)
to read as follows:
Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
than a high school graduate, who is younger than 21 years of age and
eligible for enrollment on September 1 of any school year may
transfer [annually] from the child's school district of residence
to another district in this state if [both the receiving district
and
control of the child requests [jointly approve and timely agree]
the transfer in writing [to the transfer].
(c) A transfer under this section is effective until the
student either voluntarily decides to attend a school in a
different district or graduates from high school.
(d) The board of trustees of a school district shall adopt a
policy that establishes the standards by which the district will
determine whether positions are available at a campus.
(e) A school district that has more applicants for
attendance under Subsection (a) than available positions must fill
the available positions by lottery.
(f) The board of trustees of a school district may adopt a
policy that provides for the exclusion of a student who has a
documented history of a criminal offense, a juvenile court
adjudication, or discipline problems under Subchapter A, Chapter
37.
SECTION 6. 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
either voluntarily decides to attend a school in a different
district or graduates from high school.
SECTION 7. Sections 29.203 (c), (d), and (f), 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.
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 [preference
over at-risk students] priority [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.
(f) The school district in which a student resides shall
provide each student attending a school in another district under
this subchapter transportation free of charge to and from the
school the student would otherwise attend.
SECTION 8. The following sections of the Education Code are
repealed:
(1) Section 25.032, Education Code;
(2) Section 25.033, Education Code; and
(3) Section 25.034, Education Code.
SECTION 9. This Act applies beginning with the 2013-2014
school year.
SECTION 10. 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;
and if this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.