84R10832 MK-D
By: Bohac H.B. No. 1796
A BILL TO BE ENTITLED
AN ACT
relating to public school choice, including school campus
information, student transfers, the public education grant
program, and the transportation allotment.
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
consolidate and submit to the agency or the entity contracting with
the agency under Section 25.0012(c) the school availability
information required under Section 25.0012 for any school located
in the area served by the center. Each school district and
open-enrollment charter school shall provide the necessary
information to the regional education service center once each
year. The information shall be submitted by the center in the manner
and format specified by the agency or contracting entity. Each
regional education service center shall provide additional campus
information and enrollment services as required 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) The
agency shall maintain an Internet website, separate from the
agency's main Internet website, that includes the following
information:
(1) each campus located within each school district
and the area served by each campus, including any open-enrollment
charter school located in the district;
(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, as determined by the district or school;
(5) intensive programs offered at each campus,
including optional flexible school day and credit recovery
programs;
(6) college and career readiness programs offered at
each campus, including dual credit programs, international
baccalaureate programs, advanced placement programs, magnet
programs, and Advancement Via Individual Determination (AVID)
programs;
(7) expanded learning programs, including extended
day programs, extended year programs, and 21st Century Community
Learning Center programs;
(8) the performance ratings under Subchapter C,
Chapter 39, for the three preceding school years of each campus,
district, and open-enrollment charter school; and
(9) the financial accountability ratings under
Subchapter D, Chapter 39, for the three preceding school years of
each district and open-enrollment charter school.
(b) The Internet website required by Subsection (a) must
enable the public to identify by zip code the school district
campuses and open-enrollment charter schools located in a student's
district of residence and contiguous districts and search by
identified performance and program offerings, including the
program offerings in Subsections (a)(5)-(7). For each campus
identified, the Internet website shall display the information
specified in Subsections (a)(2) and (3) and the process by which a
student may enroll in a campus that is not the campus to which the
student is assigned.
(c) The agency may contract for the services of one or more
contractors to develop, implement, maintain, and publicize the
Internet website required by Subsection (a). In awarding a contract
under this subsection, the agency must consider an applicant's
demonstrated competence and qualifications in maximizing Internet
website accessibility and ease of use.
(d) The agency and each school district, open-enrollment
charter school, and regional education service center shall
prominently display and maintain on the main page of the entity's
Internet website a link to the Internet website required by
Subsection (a).
(e) Each school district, open-enrollment charter school,
and regional education service center shall maintain on the
entity's Internet website a description of the procedure for a
student to transfer to another campus within the entity's
jurisdiction. Each school district, open-enrollment charter
school, and regional education service center shall display on the
main page of the entity's Internet website a link to the information
required by this subsection.
(f) 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 subsection may not be accepted on terms
inconsistent with the requirements of this section.
SECTION 3. Section 25.033, Education Code, is amended to
read as follows:
Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT.
(a) The parent or person standing in parental relation to any
student that resides in the school district may by petition in
writing [either:
[(1)] request the assignment or transfer of the student
to a designated school or to a school to be designated by the board.
Except as provided by this section and Sections 25.0341, 25.0342,
and 25.0343, the board shall grant the request[; or
[(2) file objections to the assignment of the student
to the school to which the student has been assigned].
(b) A school district may not be required to accept a
transfer to a school facility if the projected student enrollment
growth of the attendance zone of the facility will cause the
facility to exceed available capacity within three years.
(c) Except as otherwise provided by this section, a school
district that has more applicants for a transfer to a school
facility 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.
(d) The board of trustees of a school district may adopt a
policy that establishes admissions criteria, including audition or
performance criteria, for admission to a campus or program,
including a magnet campus or program, that:
(1) offers specialized areas of study and focus for
students; or
(2) limits admission to students of a single gender.
(e) Subject to Subsection (d)(2), in permitting transfers
under this section, a school district may not discriminate on the
basis of a student's national origin, ancestral language,
ethnicity, gender, or socioeconomic status.
(f) Except as otherwise provided by this section, a student
permitted to transfer to a campus under this section may continue to
attend that campus and the campuses to which students from that
campus are regularly assigned for higher grade levels until the
student graduates from high school.
(g) The commissioner may adopt rules necessary to implement
this section.
SECTION 4. Section 25.035, Education Code, is amended to
read as follows:
Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
The boards of trustees of two or more [adjoining] school districts
or the boards of county school trustees of two or more [adjoining]
counties may, by agreement [and in accordance with Sections 25.032,
25.033, and 25.034], arrange for the transfer and assignment of any
student from the jurisdiction of one board to that of another. In
the case of the transfer and assignment of a student under this
section, the participating governing boards shall also agree to the
transfer of school funds or other payments proportionate to the
transfer of attendance.
(b) The parent or person standing in parental relation to a
student may by written petition request the assignment or transfer
of the student to:
(1) a designated school in a district other than the
student's district of residence; or
(2) a school designated by the board of trustees of a
district other than the student's district of residence.
(c) The board of trustees of a school district may adopt a
policy that provides for the exclusion or removal of a student
requesting or receiving a transfer under this section who has a
documented history of a criminal offense, juvenile court
adjudication, failure to attend school, or discipline problem under
Subchapter A, Chapter 37.
SECTION 5. Section 25.036, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) 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 [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 standing in parental relation to [having
lawful control of] the child jointly approve and timely agree in
writing to the transfer.
(c) A transfer made under this section is effective until
the parent or person standing in parental relation to the child
decides to transfer the child to a school in a different district or
the child graduates from high school.
SECTION 6. Section 26.003, Education Code, is amended to
read as follows:
Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A
parent is entitled to:
(1) [petition the board of trustees designating the
school in the district that the parent's child will attend, as
provided by Section 25.033;
[(2)] reasonable access to the school principal, or to
a designated administrator with the authority to reassign a
student, to request a change in the class or teacher to which the
parent's child has been assigned, if the reassignment or change
would not affect the assignment or reassignment of another student;
(2) [(3)] request, with the expectation that the
request will not be unreasonably denied:
(A) the addition of a specific academic class in
the course of study of the parent's child in keeping with the
required curriculum if sufficient interest is shown in the addition
of the class to make it economically practical to offer the class;
(B) that the parent's child be permitted to
attend a class for credit above the child's grade level, whether in
the child's school or another school, unless the board or its
designated representative expects that the child cannot perform
satisfactorily in the class; or
(C) that the parent's child be permitted to
graduate from high school earlier than the child would normally
graduate, if the child completes each course required for
graduation; and
(3) [(4)] have a child who graduates early as provided
by Subdivision (2)(C) [(3)(C)] participate in graduation
ceremonies at the time the child graduates.
(b) The decision of the board of trustees concerning a
request described by Subsection (a)(1) or (2) [(a)(2) or (3)] is
final and may not be appealed.
SECTION 7. 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
public school in any other district chosen by the student's parent
or any person standing in parental relation to the student until the
student decides to attend a school in a different district or
graduates from high school.
SECTION 8. Section 29.202(b), Education Code, is amended to
read as follows:
(b) After a student has used a public education grant to
attend a school in a district other than the district in which the
student resides,[:
[(1)] the student does not become ineligible for the
grant if the school on which the student's initial eligibility is
based no longer meets the criteria under Subsection (a)[; and
[(2) the student becomes ineligible for the grant if
the student is assigned to attend a school that does not meet the
criteria under Subsection (a)].
SECTION 9. Sections 29.203(c) and (d), 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.] A school district that
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 priority
[preference over at-risk students 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.
SECTION 10. Section 42.155(b), Education Code, is amended
by amending Subdivision (3) and adding Subdivision (4) to read as
follows:
(3) "Linear density" means:
(A) for purposes of Subsection (c), the average
number of regular eligible students transported daily, divided by
the approved daily route miles traveled by the [respective]
transportation system; and
(B) for purposes of Subsection (c-1), the average
number of school choice eligible students transported daily,
divided by the approved daily route miles traveled by the
transportation system.
(4) "School choice eligible student" means a student
who resides two or more miles from the student's campus of choice as
provided by Subchapter B, Chapter 25, measured along the shortest
route that may be traveled on public roads, and who is not
classified as a student eligible for special education services.
SECTION 11. Section 42.155, Education Code, is amended by
adding Subsection (c-1) and amending Subsection (d) to read as
follows:
(c-1) This subsection applies only to a district that the
commissioner determines offers students residing in the district a
variety of choices in selecting a campus for attendance and
provides transportation to an eligible student to the selected
campus at no cost to the student. In determining under this
subsection whether a district offers a variety of campus choices,
the commissioner must consider the diversity of enrollment and
curriculum criteria among campuses in the district, including
criteria such as the gender of students enrolled at the campus, the
subject matter or learning methods emphasized at the campus, and
the degree to which athletic and other extracurricular activities
are available at the campus. In addition to the regular
transportation allotment under Subsection (c), a district is
entitled to an allotment based on the daily cost per school choice
eligible student of operating and maintaining the transportation
system for school choice eligible students and the linear density
of that system. In determining the cost, the commissioner shall
give consideration to factors affecting the actual cost of
providing those transportation services in the district. The
average actual cost is to be computed by the commissioner and
included for consideration by the legislature in the General
Appropriations Act. The allotment per mile of approved route may
not exceed the amount set by appropriation.
(d) A district or county may apply for and on approval of the
commissioner receive an additional amount of up to 10 percent of its
regular transportation allotment under Subsection (c) to be used
for the transportation of children living within two miles of the
school they attend who would be subject to hazardous traffic
conditions if they walked to school. Each board of trustees shall
provide to the commissioner the definition of hazardous conditions
applicable to that district and shall identify the specific
hazardous areas for which the allocation is requested. A hazardous
condition exists where no walkway is provided and children must
walk along or cross a freeway or expressway, an underpass, an
overpass or a bridge, an uncontrolled major traffic artery, an
industrial or commercial area, or another comparable condition.
SECTION 12. Sections 25.032, 25.034, 25.0341(f),
25.0342(g), and 25.0343(c), Education Code, are repealed.
SECTION 13. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2016-2017 school
year.
(b) Sections 8.051(e) and 25.0012, Education Code, as added
by this Act, apply beginning with the 2015-2016 school year.
SECTION 14. 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, 2015.