Texas 2013 - 83rd Regular

Texas Senate Bill SB1775 Compare Versions

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1	1	By: West S.B. No. 1775
2	2	(In the Senate - Filed March 8, 2013; March 25, 2013, read
3	3	first time and referred to Committee on Education; April 15, 2013,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 6, Nays 1, 1 present not voting;
6	6	April 15, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1775 By: West
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to school campus information, student transfers, and the
13	13	public education grant program.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 8.051, Education Code, is amended by
16	16	adding Subsection (e) to read as follows:
17	17	(e) Each regional education service center shall
18	18	consolidate and submit to the agency or the entity contracting with
19	19	the agency under Section 25.0012(b) the school availability
20	20	information required under Section 25.0012 for any school located
21	21	in the area served by the center. Each school district and
22	22	open-enrollment charter school shall provide the necessary
23	23	information to the regional education service center once each
24	24	year. The information shall be submitted by the center in the
25	25	manner and format specified by the agency or contracting entity.
26	26	Each regional education service center shall provide additional
27	27	campus information and enrollment services as required by the
28	28	commissioner.
29	29	SECTION 2. Subchapter A, Chapter 25, Education Code, is
30	30	amended by adding Section 25.0012 to read as follows:
31	31	Sec. 25.0012. SCHOOL AVAILABILITY INFORMATION. (a) A
32	32	school district, open-enrollment charter school, or regional
33	33	education service center shall prominently display and maintain on
34	34	the entity's Internet website a list that includes:
35	35	(1) each campus located within the district, area
36	36	served by the school, or region;
37	37	(2) the number of students that may attend each
38	38	campus;
39	39	(3) the number of students attending each campus;
40	40	(4) the number of available student positions at each
41	41	campus, as determined by the district;
42	42	(5) intensive programs offered at each campus,
43	43	including optional flexible school day and credit recovery
44	44	programs;
45	45	(6) college and career readiness programs offered at
46	46	each campus, including dual credit programs, international
47	47	baccalaureate programs, advanced placement programs, magnet
48	48	programs, and Advancement Via Individual Determination (AVID)
49	49	programs; and
50	50	(7) expanded learning programs, including extended
51	51	day programs, extended year programs, and 21st Century Community
52	52	Learning Center programs.
53	53	(b) The agency may contract for the services of one or more
54	54	contractors to develop, implement, maintain, and publicize an
55	55	Internet website that enables the public to identify by zip code the
56	56	school district campuses and open-enrollment charter schools
57	57	located in a student's district of residence and contiguous
58	58	districts that match identified performance and program offerings,
59	59	including the program offerings in Subsections (a)(5)-(7). For
60	60	each campus identified, the Internet website shall display the
61	61	information specified in Subsections (a)(2) and (3) and the process
62	62	by which a student may enroll in a campus that is not the campus to
63	63	which the student is assigned. In awarding a contract under this
64	64	subsection, the agency must consider an applicant's demonstrated
65	65	competence and qualifications in maximizing Internet website
66	66	accessibility and ease of use.
67	67	(c) In addition to any amount appropriated by the
68	68	legislature, the agency may accept funds from any other public or
69	69	private entity to carry out the requirements of this section. Funds
70	70	accepted under this subsection may not be accepted on terms
71	71	inconsistent with the requirements of this section.
72	72	SECTION 3. Section 25.031, Education Code, is amended to
73	73	read as follows:
74	74	Sec. 25.031. ASSIGNMENTS AND TRANSFERS; OPEN ENROLLMENT [IN
75	75	DISCRETION OF GOVERNING BOARD]. (a) In conformity with this
76	76	subchapter and rules adopted by the commissioner, the board of
77	77	trustees of a school district or the board of county school trustees
78	78	or a school employee designated by the board shall [may] assign and
79	79	transfer any student from one school facility or classroom to
80	80	another within its jurisdiction.
81	81	(b) Except as otherwise provided by this section, a school
82	82	district that has more applicants for a transfer to a school
83	83	facility than available positions must give priority to students at
84	84	risk of dropping out of school as defined by Section 29.081 and must
85	85	fill the available positions by lottery.
86	86	(c) The board of trustees of a school district may adopt a
87	87	policy that establishes admissions criteria, including audition or
88	88	performance criteria, for admission to a campus or program,
89	89	including a magnet campus or program, that offers specialized areas
90	90	of study and focus for students.
91	91	(d) Except as otherwise provided by Subsection (b) or (c),
92	92	by this subchapter, or by commissioner rule, a school district
93	93	shall permit open enrollment in any campus in the district.
94	94	(e) In permitting transfers under this section, a school
95	95	district may not discriminate on the basis of a student's race,
96	96	ethnicity, sex, or socioeconomic status.
97	97	(f) A student permitted to transfer to a campus under this
98	98	section may continue to attend that campus and the campuses to which
99	99	students from that campus are regularly assigned for higher grade
100	100	levels until the student graduates from high school.
101	101	SECTION 4. Section 29.201, Education Code, is amended to
102	102	read as follows:
103	103	Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other
104	104	provision of this code, as provided by this subchapter an eligible
105	105	student may attend a public school in the district in which the
106	106	student resides or may use a public education grant to attend any
107	107	other district chosen by the student's parent until the student
108	108	decides to attend a school in a different district or graduates from
109	109	high school.
110	110	SECTION 5. Subsection (b), Section 29.202, Education Code,
111	111	is amended to read as follows:
112	112	(b) After a student has used a public education grant to
113	113	attend a school in a district other than the district in which the
114	114	student resides,[:
115	115	[(1)] the student does not become ineligible for the
116	116	grant if the school on which the student's initial eligibility is
117	117	based no longer meets the criteria under Subsection (a)[; and
118	118	[(2) the student becomes ineligible for the grant if
119	119	the student is assigned to attend a school that does not meet the
120	120	criteria under Subsection (a)].
121	121	SECTION 6. Subsections (c) and (d), Section 29.203,
122	122	Education Code, are amended to read as follows:
123	123	(c) A school district is entitled to additional facilities
124	124	assistance under Section 42.4101 if the district enrolls [agrees
125	125	to:
126	126	[(1) accept] a number of students using public
127	127	education grants that is at least one percent of the district's
128	128	average daily attendance for the preceding school year[; and
129	129	[(2) provide services to each student until the
130	130	student either voluntarily decides to attend a school in a
131	131	different district or graduates from high school].
132	132	(d) [A school district chosen by a student's parent under
133	133	Section 29.201 is entitled to accept or reject the application for
134	134	the student to attend school in that district but may not use
135	135	criteria that discriminate on the basis of a student's race,
136	136	ethnicity, academic achievement, athletic abilities, language
137	137	proficiency, sex, or socioeconomic status.] A school district that
138	138	has more [acceptable] applicants for attendance under this
139	139	subchapter than available positions must [give priority to students
140	140	at risk of dropping out of school as defined by Section 29.081 and
141	141	must] fill the available positions by lottery. However, to achieve
142	142	continuity in education, a school district may give priority
143	143	[preference over at-risk students to enrolled students and] to the
144	144	siblings of enrolled students residing in the same household or
145	145	other children residing in the same household as enrolled students
146	146	for the convenience of parents, guardians, or custodians of those
147	147	children.
148	148	SECTION 7. This Act applies beginning with the 2013-2014
149	149	school year.
150	150	SECTION 8. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2013.
155	155	* * * * *