By: Zaffirini S.B. No. 48
(In the Senate - Filed November 12, 2012; January 28, 2013,
read first time and referred to Committee on Education;
April 8, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 8, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 48 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of a student from the school district of
the student's residence to another district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.036, Education Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), and (e) to
read as follows:
(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 each school year
[annually] from the child's school district of residence to another
district in this state if both the receiving district and the
applicant parent or guardian or person having lawful control of the
child jointly approve and timely agree in writing to the transfer.
(c) Subject to Subsection (d), the transfer agreement may
authorize the receiving school district to revoke, at any time
during the school year, the approval of the child to transfer if:
(1) the child:
(A) fails to comply with a condition specified in
the agreement that is:
(i) conduct for which a student is required
to be removed from class and placed in a disciplinary alternative
education program under Section 37.006; or
(ii) conduct for which a student is
required to be expelled from school under Section 37.007; or
(B) commits an offense under Section 25.094 or is
required to attend school under Section 25.085 and engages in
conduct described by Section 25.094(a)(3), unless the child proves
to the satisfaction of the district that one or more of the absences
described by Section 25.094(a)(3) were excused by a school official
or by a court or were involuntary and there is an insufficient
number of unexcused or voluntary absences remaining to constitute
conduct described by Section 25.094(a)(3); or
(2) the parent or guardian or person having lawful
control of the child who executed the transfer agreement fails to
pay tuition as authorized under Section 25.038 in accordance with
the agreement.
(d) Before a transfer approval may be revoked under this
section, the receiving school district must provide due process
concerning the proposed revocation in accordance with commissioner
rule, including a conference, any appeal, any proceeding, or a
hearing as provided under Section 37.009(a), (b), or (f), as
applicable, in the case of a proposed revocation under Subsection
(c)(1)(A)(i) or (ii). Section 37.004 also applies to consideration
of revocation of transfer approval under this section.
(e) If a transfer approval is revoked under this section:
(1) a child is not entitled to attend school in the
receiving school district under a transfer agreement after the
fifth school day after the date the child's parent or guardian or
person having lawful control of the child receives written notice
of the revocation; and
(2) the receiving district shall refund an amount of
any tuition fee paid under Section 25.038 proportionate to any
portion of the school year for which the fee was paid that is
remaining after the date the child is no longer entitled to attend
school in the receiving district under Subdivision (1).
SECTION 2. This Act applies beginning with the 2013-2014
school year.
SECTION 3. 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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