Texas 2015 - 84th Regular

Texas House Bill HB1796 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10832 MK-D
2	2	By: Bohac H.B. No. 1796
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school choice, including school campus
8	8	information, student transfers, the public education grant
9	9	program, and the transportation allotment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 8.051, Education Code, is amended by
12	12	adding Subsection (e) to read as follows:
13	13	(e) Each regional education service center shall
14	14	consolidate and submit to the agency or the entity contracting with
15	15	the agency under Section 25.0012(c) the school availability
16	16	information required under Section 25.0012 for any school located
17	17	in the area served by the center. Each school district and
18	18	open-enrollment charter school shall provide the necessary
19	19	information to the regional education service center once each
20	20	year. The information shall be submitted by the center in the manner
21	21	and format specified by the agency or contracting entity. Each
22	22	regional education service center shall provide additional campus
23	23	information and enrollment services as required by the
24	24	commissioner.
25	25	SECTION 2. Subchapter A, Chapter 25, Education Code, is
26	26	amended by adding Section 25.0012 to read as follows:
27	27	Sec. 25.0012. SCHOOL AVAILABILITY INFORMATION. (a) The
28	28	agency shall maintain an Internet website, separate from the
29	29	agency's main Internet website, that includes the following
30	30	information:
31	31	(1) each campus located within each school district
32	32	and the area served by each campus, including any open-enrollment
33	33	charter school located in the district;
34	34	(2) the number of students that may attend each
35	35	campus;
36	36	(3) the number of students attending each campus;
37	37	(4) the number of available student positions at each
38	38	campus, as determined by the district or school;
39	39	(5) intensive programs offered at each campus,
40	40	including optional flexible school day and credit recovery
41	41	programs;
42	42	(6) college and career readiness programs offered at
43	43	each campus, including dual credit programs, international
44	44	baccalaureate programs, advanced placement programs, magnet
45	45	programs, and Advancement Via Individual Determination (AVID)
46	46	programs;
47	47	(7) expanded learning programs, including extended
48	48	day programs, extended year programs, and 21st Century Community
49	49	Learning Center programs;
50	50	(8) the performance ratings under Subchapter C,
51	51	Chapter 39, for the three preceding school years of each campus,
52	52	district, and open-enrollment charter school; and
53	53	(9) the financial accountability ratings under
54	54	Subchapter D, Chapter 39, for the three preceding school years of
55	55	each district and open-enrollment charter school.
56	56	(b) The Internet website required by Subsection (a) must
57	57	enable the public to identify by zip code the school district
58	58	campuses and open-enrollment charter schools located in a student's
59	59	district of residence and contiguous districts and search by
60	60	identified performance and program offerings, including the
61	61	program offerings in Subsections (a)(5)-(7). For each campus
62	62	identified, the Internet website shall display the information
63	63	specified in Subsections (a)(2) and (3) and the process by which a
64	64	student may enroll in a campus that is not the campus to which the
65	65	student is assigned.
66	66	(c) The agency may contract for the services of one or more
67	67	contractors to develop, implement, maintain, and publicize the
68	68	Internet website required by Subsection (a). In awarding a contract
69	69	under this subsection, the agency must consider an applicant's
70	70	demonstrated competence and qualifications in maximizing Internet
71	71	website accessibility and ease of use.
72	72	(d) The agency and each school district, open-enrollment
73	73	charter school, and regional education service center shall
74	74	prominently display and maintain on the main page of the entity's
75	75	Internet website a link to the Internet website required by
76	76	Subsection (a).
77	77	(e) Each school district, open-enrollment charter school,
78	78	and regional education service center shall maintain on the
79	79	entity's Internet website a description of the procedure for a
80	80	student to transfer to another campus within the entity's
81	81	jurisdiction. Each school district, open-enrollment charter
82	82	school, and regional education service center shall display on the
83	83	main page of the entity's Internet website a link to the information
84	84	required by this subsection.
85	85	(f) In addition to any amount appropriated by the
86	86	legislature, the agency may accept funds from any other public or
87	87	private entity to carry out the requirements of this section. Funds
88	88	accepted under this subsection may not be accepted on terms
89	89	inconsistent with the requirements of this section.
90	90	SECTION 3. Section 25.033, Education Code, is amended to
91	91	read as follows:
92	92	Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT.
93	93	(a) The parent or person standing in parental relation to any
94	94	student that resides in the school district may by petition in
95	95	writing [either:
96	96	[(1)] request the assignment or transfer of the student
97	97	to a designated school or to a school to be designated by the board.
98	98	Except as provided by this section and Sections 25.0341, 25.0342,
99	99	and 25.0343, the board shall grant the request[; or
100	100	[(2) file objections to the assignment of the student
101	101	to the school to which the student has been assigned].
102	102	(b) A school district may not be required to accept a
103	103	transfer to a school facility if the projected student enrollment
104	104	growth of the attendance zone of the facility will cause the
105	105	facility to exceed available capacity within three years.
106	106	(c) Except as otherwise provided by this section, a school
107	107	district that has more applicants for a transfer to a school
108	108	facility than available positions must give priority to students at
109	109	risk of dropping out of school as defined by Section 29.081 and must
110	110	fill the available positions by lottery.
111	111	(d) The board of trustees of a school district may adopt a
112	112	policy that establishes admissions criteria, including audition or
113	113	performance criteria, for admission to a campus or program,
114	114	including a magnet campus or program, that:
115	115	(1) offers specialized areas of study and focus for
116	116	students; or
117	117	(2) limits admission to students of a single gender.
118	118	(e) Subject to Subsection (d)(2), in permitting transfers
119	119	under this section, a school district may not discriminate on the
120	120	basis of a student's national origin, ancestral language,
121	121	ethnicity, gender, or socioeconomic status.
122	122	(f) Except as otherwise provided by this section, a student
123	123	permitted to transfer to a campus under this section may continue to
124	124	attend that campus and the campuses to which students from that
125	125	campus are regularly assigned for higher grade levels until the
126	126	student graduates from high school.
127	127	(g) The commissioner may adopt rules necessary to implement
128	128	this section.
129	129	SECTION 4. Section 25.035, Education Code, is amended to
130	130	read as follows:
131	131	Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
132	132	The boards of trustees of two or more [adjoining] school districts
133	133	or the boards of county school trustees of two or more [adjoining]
134	134	counties may, by agreement [and in accordance with Sections 25.032,
135	135	25.033, and 25.034], arrange for the transfer and assignment of any
136	136	student from the jurisdiction of one board to that of another. In
137	137	the case of the transfer and assignment of a student under this
138	138	section, the participating governing boards shall also agree to the
139	139	transfer of school funds or other payments proportionate to the
140	140	transfer of attendance.
141	141	(b) The parent or person standing in parental relation to a
142	142	student may by written petition request the assignment or transfer
143	143	of the student to:
144	144	(1) a designated school in a district other than the
145	145	student's district of residence; or
146	146	(2) a school designated by the board of trustees of a
147	147	district other than the student's district of residence.
148	148	(c) The board of trustees of a school district may adopt a
149	149	policy that provides for the exclusion or removal of a student
150	150	requesting or receiving a transfer under this section who has a
151	151	documented history of a criminal offense, juvenile court
152	152	adjudication, failure to attend school, or discipline problem under
153	153	Subchapter A, Chapter 37.
154	154	SECTION 5. Section 25.036, Education Code, is amended by
155	155	amending Subsection (a) and adding Subsection (c) to read as
156	156	follows:
157	157	(a) Any child, other than a high school graduate, who is
158	158	younger than 21 years of age and eligible for enrollment on
159	159	September 1 of any school year may transfer [annually] from the
160	160	child's school district of residence to another district in this
161	161	state if both the receiving district and the applicant parent or
162	162	[guardian or] person standing in parental relation to [having
163	163	lawful control of] the child jointly approve and timely agree in
164	164	writing to the transfer.
165	165	(c) A transfer made under this section is effective until
166	166	the parent or person standing in parental relation to the child
167	167	decides to transfer the child to a school in a different district or
168	168	the child graduates from high school.
169	169	SECTION 6. Section 26.003, Education Code, is amended to
170	170	read as follows:
171	171	Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A
172	172	parent is entitled to:
173	173	(1) [petition the board of trustees designating the
174	174	school in the district that the parent's child will attend, as
175	175	provided by Section 25.033;
176	176	[(2)] reasonable access to the school principal, or to
177	177	a designated administrator with the authority to reassign a
178	178	student, to request a change in the class or teacher to which the
179	179	parent's child has been assigned, if the reassignment or change
180	180	would not affect the assignment or reassignment of another student;
181	181	(2) [(3)] request, with the expectation that the
182	182	request will not be unreasonably denied:
183	183	(A) the addition of a specific academic class in
184	184	the course of study of the parent's child in keeping with the
185	185	required curriculum if sufficient interest is shown in the addition
186	186	of the class to make it economically practical to offer the class;
187	187	(B) that the parent's child be permitted to
188	188	attend a class for credit above the child's grade level, whether in
189	189	the child's school or another school, unless the board or its
190	190	designated representative expects that the child cannot perform
191	191	satisfactorily in the class; or
192	192	(C) that the parent's child be permitted to
193	193	graduate from high school earlier than the child would normally
194	194	graduate, if the child completes each course required for
195	195	graduation; and
196	196	(3) [(4)] have a child who graduates early as provided
197	197	by Subdivision (2)(C) [(3)(C)] participate in graduation
198	198	ceremonies at the time the child graduates.
199	199	(b) The decision of the board of trustees concerning a
200	200	request described by Subsection (a)(1) or (2) [(a)(2) or (3)] is
201	201	final and may not be appealed.
202	202	SECTION 7. Section 29.201, Education Code, is amended to
203	203	read as follows:
204	204	Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other
205	205	provision of this code, as provided by this subchapter an eligible
206	206	student may attend a public school in the district in which the
207	207	student resides or may use a public education grant to attend any
208	208	public school in any other district chosen by the student's parent
209	209	or any person standing in parental relation to the student until the
210	210	student decides to attend a school in a different district or
211	211	graduates from high school.
212	212	SECTION 8. Section 29.202(b), Education Code, is amended to
213	213	read as follows:
214	214	(b) After a student has used a public education grant to
215	215	attend a school in a district other than the district in which the
216	216	student resides,[:
217	217	[(1)] the student does not become ineligible for the
218	218	grant if the school on which the student's initial eligibility is
219	219	based no longer meets the criteria under Subsection (a)[; and
220	220	[(2) the student becomes ineligible for the grant if
221	221	the student is assigned to attend a school that does not meet the
222	222	criteria under Subsection (a)].
223	223	SECTION 9. Sections 29.203(c) and (d), Education Code, are
224	224	amended to read as follows:
225	225	(c) A school district is entitled to additional facilities
226	226	assistance under Section 42.4101 if the district enrolls [agrees
227	227	to:
228	228	[(1) accept] a number of students using public
229	229	education grants that is at least one percent of the district's
230	230	average daily attendance for the preceding school year[; and
231	231	[(2) provide services to each student until the
232	232	student either voluntarily decides to attend a school in a
233	233	different district or graduates from high school].
234	234	(d) [A school district chosen by a student's parent under
235	235	Section 29.201 is entitled to accept or reject the application for
236	236	the student to attend school in that district but may not use
237	237	criteria that discriminate on the basis of a student's race,
238	238	ethnicity, academic achievement, athletic abilities, language
239	239	proficiency, sex, or socioeconomic status.] A school district that
240	240	has more [acceptable] applicants for attendance under this
241	241	subchapter than available positions must [give priority to students
242	242	at risk of dropping out of school as defined by Section 29.081 and
243	243	must] fill the available positions by lottery. However, to achieve
244	244	continuity in education, a school district may give priority
245	245	[preference over at-risk students to enrolled students and] to the
246	246	siblings of enrolled students residing in the same household or
247	247	other children residing in the same household as enrolled students
248	248	for the convenience of parents, guardians, or custodians of those
249	249	children.
250	250	SECTION 10. Section 42.155(b), Education Code, is amended
251	251	by amending Subdivision (3) and adding Subdivision (4) to read as
252	252	follows:
253	253	(3) "Linear density" means:
254	254	(A) for purposes of Subsection (c), the average
255	255	number of regular eligible students transported daily, divided by
256	256	the approved daily route miles traveled by the [respective]
257	257	transportation system; and
258	258	(B) for purposes of Subsection (c-1), the average
259	259	number of school choice eligible students transported daily,
260	260	divided by the approved daily route miles traveled by the
261	261	transportation system.
262	262	(4) "School choice eligible student" means a student
263	263	who resides two or more miles from the student's campus of choice as
264	264	provided by Subchapter B, Chapter 25, measured along the shortest
265	265	route that may be traveled on public roads, and who is not
266	266	classified as a student eligible for special education services.
267	267	SECTION 11. Section 42.155, Education Code, is amended by
268	268	adding Subsection (c-1) and amending Subsection (d) to read as
269	269	follows:
270	270	(c-1) This subsection applies only to a district that the
271	271	commissioner determines offers students residing in the district a
272	272	variety of choices in selecting a campus for attendance and
273	273	provides transportation to an eligible student to the selected
274	274	campus at no cost to the student. In determining under this
275	275	subsection whether a district offers a variety of campus choices,
276	276	the commissioner must consider the diversity of enrollment and
277	277	curriculum criteria among campuses in the district, including
278	278	criteria such as the gender of students enrolled at the campus, the
279	279	subject matter or learning methods emphasized at the campus, and
280	280	the degree to which athletic and other extracurricular activities
281	281	are available at the campus. In addition to the regular
282	282	transportation allotment under Subsection (c), a district is
283	283	entitled to an allotment based on the daily cost per school choice
284	284	eligible student of operating and maintaining the transportation
285	285	system for school choice eligible students and the linear density
286	286	of that system. In determining the cost, the commissioner shall
287	287	give consideration to factors affecting the actual cost of
288	288	providing those transportation services in the district. The
289	289	average actual cost is to be computed by the commissioner and
290	290	included for consideration by the legislature in the General
291	291	Appropriations Act. The allotment per mile of approved route may
292	292	not exceed the amount set by appropriation.
293	293	(d) A district or county may apply for and on approval of the
294	294	commissioner receive an additional amount of up to 10 percent of its
295	295	regular transportation allotment under Subsection (c) to be used
296	296	for the transportation of children living within two miles of the
297	297	school they attend who would be subject to hazardous traffic
298	298	conditions if they walked to school. Each board of trustees shall
299	299	provide to the commissioner the definition of hazardous conditions
300	300	applicable to that district and shall identify the specific
301	301	hazardous areas for which the allocation is requested. A hazardous
302	302	condition exists where no walkway is provided and children must
303	303	walk along or cross a freeway or expressway, an underpass, an
304	304	overpass or a bridge, an uncontrolled major traffic artery, an
305	305	industrial or commercial area, or another comparable condition.
306	306	SECTION 12. Sections 25.032, 25.034, 25.0341(f),
307	307	25.0342(g), and 25.0343(c), Education Code, are repealed.
308	308	SECTION 13. (a) Except as provided by Subsection (b) of
309	309	this section, this Act applies beginning with the 2016-2017 school
310	310	year.
311	311	(b) Sections 8.051(e) and 25.0012, Education Code, as added
312	312	by this Act, apply beginning with the 2015-2016 school year.
313	313	SECTION 14. This Act takes effect immediately if it
314	314	receives a vote of two-thirds of all the members elected to each
315	315	house, as provided by Section 39, Article III, Texas Constitution.
316	316	If this Act does not receive the vote necessary for immediate
317	317	effect, this Act takes effect September 1, 2015.