Texas 2013 - 83rd Regular

Texas Senate Bill SB48 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 48
2	2	(In the Senate - Filed November 12, 2012; January 28, 2013,
3	3	read first time and referred to Committee on Education;
4	4	April 8, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; April 8, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 48 By: Duncan
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the transfer of a student from the school district of
13	13	the student's residence to another district.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 25.036, Education Code, is amended by
16	16	amending Subsection (a) and adding Subsections (c), (d), and (e) to
17	17	read as follows:
18	18	(a) Any child, other than a high school graduate, who is
19	19	younger than 21 years of age and eligible for enrollment on
20	20	September 1 of any school year may transfer each school year
21	21	[annually] from the child's school district of residence to another
22	22	district in this state if both the receiving district and the
23	23	applicant parent or guardian or person having lawful control of the
24	24	child jointly approve and timely agree in writing to the transfer.
25	25	(c) Subject to Subsection (d), the transfer agreement may
26	26	authorize the receiving school district to revoke, at any time
27	27	during the school year, the approval of the child to transfer if:
28	28	(1) the child:
29	29	(A) fails to comply with a condition specified in
30	30	the agreement that is:
31	31	(i) conduct for which a student is required
32	32	to be removed from class and placed in a disciplinary alternative
33	33	education program under Section 37.006; or
34	34	(ii) conduct for which a student is
35	35	required to be expelled from school under Section 37.007; or
36	36	(B) commits an offense under Section 25.094 or is
37	37	required to attend school under Section 25.085 and engages in
38	38	conduct described by Section 25.094(a)(3), unless the child proves
39	39	to the satisfaction of the district that one or more of the absences
40	40	described by Section 25.094(a)(3) were excused by a school official
41	41	or by a court or were involuntary and there is an insufficient
42	42	number of unexcused or voluntary absences remaining to constitute
43	43	conduct described by Section 25.094(a)(3); or
44	44	(2) the parent or guardian or person having lawful
45	45	control of the child who executed the transfer agreement fails to
46	46	pay tuition as authorized under Section 25.038 in accordance with
47	47	the agreement.
48	48	(d) Before a transfer approval may be revoked under this
49	49	section, the receiving school district must provide due process
50	50	concerning the proposed revocation in accordance with commissioner
51	51	rule, including a conference, any appeal, any proceeding, or a
52	52	hearing as provided under Section 37.009(a), (b), or (f), as
53	53	applicable, in the case of a proposed revocation under Subsection
54	54	(c)(1)(A)(i) or (ii). Section 37.004 also applies to consideration
55	55	of revocation of transfer approval under this section.
56	56	(e) If a transfer approval is revoked under this section:
57	57	(1) a child is not entitled to attend school in the
58	58	receiving school district under a transfer agreement after the
59	59	fifth school day after the date the child's parent or guardian or
60	60	person having lawful control of the child receives written notice
61	61	of the revocation; and
62	62	(2) the receiving district shall refund an amount of
63	63	any tuition fee paid under Section 25.038 proportionate to any
64	64	portion of the school year for which the fee was paid that is
65	65	remaining after the date the child is no longer entitled to attend
66	66	school in the receiving district under Subdivision (1).
67	67	SECTION 2. This Act applies beginning with the 2013-2014
68	68	school year.
69	69	SECTION 3. This Act takes effect immediately if it receives
70	70	a vote of two-thirds of all the members elected to each house, as
71	71	provided by Section 39, Article III, Texas Constitution. If this
72	72	Act does not receive the vote necessary for immediate effect, this
73	73	Act takes effect September 1, 2013.
74	74	* * * * *