Texas 2015 - 84th Regular

Texas Senate Bill SB1011 Compare Versions

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

Old	New	Differences
1	1	84R4151 MK-F
2	2	By: Hancock S.B. No. 1011
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
21	21	manner and format specified by the agency or contracting entity.
22	22	Each regional education service center shall provide additional
23	23	campus 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; and
50	50	(8) the accountability ratings under Subchapter C,
51	51	Chapter 39, for the preceding school year of each campus and
52	52	district.
53	53	(b) The Internet website required by Subsection (a) must
54	54	enable the public to identify by zip code the school district
55	55	campuses and open-enrollment charter schools located in a student's
56	56	district of residence and contiguous districts and search by
57	57	identified performance and program offerings, including the
58	58	program offerings in Subsections (a)(5)-(7). For each campus
59	59	identified, the Internet website shall display the information
60	60	specified in Subsections (a)(2) and (3) and the process by which a
61	61	student may enroll in a campus that is not the campus to which the
62	62	student is assigned.
63	63	(c) The agency may contract for the services of one or more
64	64	contractors to develop, implement, maintain, and publicize the
65	65	Internet website required by Subsection (a). In awarding a
66	66	contract under this subsection, the agency must consider an
67	67	applicant's demonstrated competence and qualifications in
68	68	maximizing Internet website accessibility and ease of use.
69	69	(d) The agency and each school district, open-enrollment
70	70	charter school, and regional education service center shall
71	71	prominently display and maintain on the main page of the entity's
72	72	Internet website a link to the Internet website required by
73	73	Subsection (a).
74	74	(e) Each school district, open-enrollment charter school,
75	75	and regional education service center shall maintain on the
76	76	entity's Internet website a description of the procedure for a
77	77	student to transfer to another campus within the entity's
78	78	jurisdiction. Each school district, open-enrollment charter
79	79	school, and regional education service center shall display on the
80	80	main page of the entity's Internet website a link to the information
81	81	required by this subsection.
82	82	(f) In addition to any amount appropriated by the
83	83	legislature, the agency may accept funds from any other public or
84	84	private entity to carry out the requirements of this section. Funds
85	85	accepted under this subsection may not be accepted on terms
86	86	inconsistent with the requirements of this section.
87	87	SECTION 3. Section 25.033, Education Code, is amended to
88	88	read as follows:
89	89	Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT.
90	90	(a) The parent or person standing in parental relation to any
91	91	student that resides in the school district may by petition in
92	92	writing [either:
93	93	[(1)] request the assignment or transfer of the student
94	94	to a designated school or to a school to be designated by the board.
95	95	Except as provided by this section and Sections 25.0341, 25.0342,
96	96	and 25.0343, the board shall grant the request[; or
97	97	[(2) file objections to the assignment of the student
98	98	to the school to which the student has been assigned].
99	99	(b) A school district may not be required to accept a
100	100	transfer to a school facility if the projected student enrollment
101	101	growth of the attendance zone of the facility will cause the
102	102	facility to exceed available capacity within three years.
103	103	(c) Except as otherwise provided by this section, a school
104	104	district that has more applicants for a transfer to a school
105	105	facility than available positions must give priority to students at
106	106	risk of dropping out of school as defined by Section 29.081 and must
107	107	fill the available positions by lottery.
108	108	(d) The board of trustees of a school district may adopt a
109	109	policy that establishes admissions criteria, including audition or
110	110	performance criteria, for admission to a campus or program,
111	111	including a magnet campus or program, that:
112	112	(1) offers specialized areas of study and focus for
113	113	students; or
114	114	(2) limits admission to students of a single gender.
115	115	(e) Subject to Subsection (d)(2), in permitting transfers
116	116	under this section, a school district may not discriminate on the
117	117	basis of a student's national origin, ancestral language,
118	118	ethnicity, gender, or socioeconomic status.
119	119	(f) Except as otherwise provided by this section, a student
120	120	permitted to transfer to a campus under this section may continue to
121	121	attend that campus and the campuses to which students from that
122	122	campus are regularly assigned for higher grade levels until the
123	123	student graduates from high school.
124	124	(g) The board of trustees of a school district may adopt a
125	125	policy that provides for the exclusion of a student requesting or
126	126	receiving a transfer under this section who has a documented
127	127	history of a criminal offense, juvenile court adjudication, failure
128	128	to attend school, or discipline problem under Subchapter A, Chapter
129	129	37.
130	130	(h) The commissioner may adopt rules necessary to implement
131	131	this section.
132	132	SECTION 4. Section 25.035, Education Code, is amended to
133	133	read as follows:
134	134	Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
135	135	The boards of trustees of two or more [adjoining] school districts
136	136	or the boards of county school trustees of two or more [adjoining]
137	137	counties may, by agreement [and in accordance with Sections 25.032,
138	138	25.033, and 25.034], arrange for the transfer and assignment of any
139	139	student from the jurisdiction of one board to that of another. In
140	140	the case of the transfer and assignment of a student under this
141	141	section, the participating governing boards shall also agree to the
142	142	transfer of school funds or other payments proportionate to the
143	143	transfer of attendance.
144	144	(b) The parent or person standing in parental relation to a
145	145	student may by written petition request the assignment or transfer
146	146	of the student to:
147	147	(1) a designated school in a district other than the
148	148	student's district of residence; or
149	149	(2) a school designated by the board of trustees of a
150	150	district other than the student's district of residence.
151	151	(c) The board of trustees of a school district may adopt a
152	152	policy that provides for the exclusion or removal of a student
153	153	requesting or receiving a transfer under this section who has a
154	154	documented history of a criminal offense, juvenile court
155	155	adjudication, failure to attend school, or discipline problem under
156	156	Subchapter A, Chapter 37.
157	157	SECTION 5. Section 25.036, Education Code, is amended by
158	158	amending Subsection (a) and adding Subsection (c) to read as
159	159	follows:
160	160	(a) Any child, other than a high school graduate, who is
161	161	younger than 21 years of age and eligible for enrollment on
162	162	September 1 of any school year may transfer [annually] from the
163	163	child's school district of residence to another district in this
164	164	state if both the receiving district and the applicant parent or
165	165	[guardian or] person standing in parental relation to [having
166	166	lawful control of] the child jointly approve and timely agree in
167	167	writing to the transfer.
168	168	(c) A transfer made under this section is effective until
169	169	the parent or person standing in parental relation to the child
170	170	decides to transfer the child to a school in a different district or
171	171	the child graduates from high school.
172	172	SECTION 6. Section 26.003, Education Code, is amended to
173	173	read as follows:
174	174	Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A
175	175	parent is entitled to:
176	176	(1) [petition the board of trustees designating the
177	177	school in the district that the parent's child will attend, as
178	178	provided by Section 25.033;
179	179	[(2)] reasonable access to the school principal, or to
180	180	a designated administrator with the authority to reassign a
181	181	student, to request a change in the class or teacher to which the
182	182	parent's child has been assigned, if the reassignment or change
183	183	would not affect the assignment or reassignment of another student;
184	184	(2) [(3)] request, with the expectation that the
185	185	request will not be unreasonably denied:
186	186	(A) the addition of a specific academic class in
187	187	the course of study of the parent's child in keeping with the
188	188	required curriculum if sufficient interest is shown in the addition
189	189	of the class to make it economically practical to offer the class;
190	190	(B) that the parent's child be permitted to
191	191	attend a class for credit above the child's grade level, whether in
192	192	the child's school or another school, unless the board or its
193	193	designated representative expects that the child cannot perform
194	194	satisfactorily in the class; or
195	195	(C) that the parent's child be permitted to
196	196	graduate from high school earlier than the child would normally
197	197	graduate, if the child completes each course required for
198	198	graduation; and
199	199	(3) [(4)] have a child who graduates early as provided
200	200	by Subdivision (2)(C) [(3)(C)] participate in graduation
201	201	ceremonies at the time the child graduates.
202	202	(b) The decision of the board of trustees concerning a
203	203	request described by Subsection (a)(1) or (2) [(a)(2) or (3)] is
204	204	final and may not be appealed.
205	205	SECTION 7. Section 29.201, Education Code, is amended to
206	206	read as follows:
207	207	Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other
208	208	provision of this code, as provided by this subchapter an eligible
209	209	student may attend a public school in the district in which the
210	210	student resides or may use a public education grant to attend any
211	211	public school in any other district chosen by the student's parent
212	212	or any person standing in parental relation to the student until the
213	213	student decides to attend a school in a different district or
214	214	graduates from high school.
215	215	SECTION 8. Section 29.202(b), Education Code, is amended to
216	216	read as follows:
217	217	(b) After a student has used a public education grant to
218	218	attend a school in a district other than the district in which the
219	219	student resides,[:
220	220	[(1)] the student does not become ineligible for the
221	221	grant if the school on which the student's initial eligibility is
222	222	based no longer meets the criteria under Subsection (a)[; and
223	223	[(2) the student becomes ineligible for the grant if
224	224	the student is assigned to attend a school that does not meet the
225	225	criteria under Subsection (a)].
226	226	SECTION 9. Sections 29.203(c) and (d), Education Code, are
227	227	amended to read as follows:
228	228	(c) A school district is entitled to additional facilities
229	229	assistance under Section 42.4101 if the district enrolls [agrees
230	230	to:
231	231	[(1) accept] a number of students using public
232	232	education grants that is at least one percent of the district's
233	233	average daily attendance for the preceding school year[; and
234	234	[(2) provide services to each student until the
235	235	student either voluntarily decides to attend a school in a
236	236	different district or graduates from high school].
237	237	(d) [A school district chosen by a student's parent under
238	238	Section 29.201 is entitled to accept or reject the application for
239	239	the student to attend school in that district but may not use
240	240	criteria that discriminate on the basis of a student's race,
241	241	ethnicity, academic achievement, athletic abilities, language
242	242	proficiency, sex, or socioeconomic status.] A school district that
243	243	has more [acceptable] applicants for attendance under this
244	244	subchapter than available positions must [give priority to students
245	245	at risk of dropping out of school as defined by Section 29.081 and
246	246	must] fill the available positions by lottery. However, to achieve
247	247	continuity in education, a school district may give priority
248	248	[preference over at-risk students to enrolled students and] to the
249	249	siblings of enrolled students residing in the same household or
250	250	other children residing in the same household as enrolled students
251	251	for the convenience of parents, guardians, or custodians of those
252	252	children.
253	253	SECTION 10. Section 42.155(b), Education Code, is amended
254	254	by amending Subdivision (3) and adding Subdivision (4) to read as
255	255	follows:
256	256	(3) "Linear density" means:
257	257	(A) for purposes of Subsection (c), the average
258	258	number of regular eligible students transported daily, divided by
259	259	the approved daily route miles traveled by the [respective]
260	260	transportation system; and
261	261	(B) for purposes of Subsection (c-1), the average
262	262	number of school choice eligible students transported daily,
263	263	divided by the approved daily route miles traveled by the
264	264	transportation system.
265	265	(4) "School choice eligible student" means a student
266	266	who resides two or more miles from the student's campus of choice as
267	267	provided by Subchapter B, Chapter 25, measured along the shortest
268	268	route that may be traveled on public roads, and who is not
269	269	classified as a student eligible for special education services.
270	270	SECTION 11. Section 42.155, Education Code, is amended by
271	271	adding Subsection (c-1) and amending Subsection (d) to read as
272	272	follows:
273	273	(c-1) This subsection applies only to a district that the
274	274	commissioner determines offers students residing in the district a
275	275	variety of choices in selecting a campus for attendance and
276	276	provides transportation to an eligible student to the selected
277	277	campus at no cost to the student. In determining under this
278	278	subsection whether a district offers a variety of campus choices,
279	279	the commissioner must consider the diversity of enrollment and
280	280	curriculum criteria among campuses in the district, including
281	281	criteria such as the gender of students enrolled at the campus, the
282	282	subject matter or learning methods emphasized at the campus, and
283	283	the degree to which athletic and other extracurricular activities
284	284	are available at the campus. In addition to the regular
285	285	transportation allotment under Subsection (c), a district is
286	286	entitled to an allotment based on the daily cost per school choice
287	287	eligible student of operating and maintaining the transportation
288	288	system for school choice eligible students and the linear density
289	289	of that system. In determining the cost, the commissioner shall
290	290	give consideration to factors affecting the actual cost of
291	291	providing those transportation services in the district. The
292	292	average actual cost is to be computed by the commissioner and
293	293	included for consideration by the legislature in the General
294	294	Appropriations Act. The allotment per mile of approved route may
295	295	not exceed the amount set by appropriation.
296	296	(d) A district or county may apply for and on approval of the
297	297	commissioner receive an additional amount of up to 10 percent of its
298	298	regular transportation allotment under Subsection (c) to be used
299	299	for the transportation of children living within two miles of the
300	300	school they attend who would be subject to hazardous traffic
301	301	conditions if they walked to school. Each board of trustees shall
302	302	provide to the commissioner the definition of hazardous conditions
303	303	applicable to that district and shall identify the specific
304	304	hazardous areas for which the allocation is requested. A hazardous
305	305	condition exists where no walkway is provided and children must
306	306	walk along or cross a freeway or expressway, an underpass, an
307	307	overpass or a bridge, an uncontrolled major traffic artery, an
308	308	industrial or commercial area, or another comparable condition.
309	309	SECTION 12. Sections 25.032, 25.034, 25.0341(f),
310	310	25.0342(g), and 25.0343(c), Education Code, are repealed.
311	311	SECTION 13. (a) Except as provided by Subsection (b) of
312	312	this section, this Act applies beginning with the 2016-2017 school
313	313	year.
314	314	(b) Sections 8.051(e) and 25.0012, Education Code, as added
315	315	by this Act, apply beginning with the 2015-2016 school year.
316	316	SECTION 14. This Act takes effect immediately if it
317	317	receives a vote of two-thirds of all the members elected to each
318	318	house, as provided by Section 39, Article III, Texas Constitution.
319	319	If this Act does not receive the vote necessary for immediate
320	320	effect, this Act takes effect September 1, 2015.