Texas 2015 - 84th Regular

Texas Senate Bill SB49 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 49
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the transfer of a student from the school district of
7	7	the student's residence to another district.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 25.036, Education Code, is amended by
10	10	amending Subsection (a) and adding Subsections (c), (d), and (e) to
11	11	read as follows:
12	12	(a) Any child, other than a high school graduate, who is
13	13	younger than 21 years of age and eligible for enrollment on
14	14	September 1 of any school year may transfer each school year
15	15	[annually] from the child's school district of residence to another
16	16	district in this state if both the receiving district and the
17	17	applicant parent or guardian or person having lawful control of the
18	18	child jointly approve and timely agree in writing to the transfer.
19	19	(c) Subject to Subsection (d), the transfer agreement may
20	20	authorize the receiving school district to revoke, at any time
21	21	during the school year, the approval of the child to transfer if:
22	22	(1) the child:
23	23	(A) fails to comply with a condition specified in
24	24	the agreement that is:
25	25	(i) conduct for which a student is required
26	26	to be removed from class and placed in a disciplinary alternative
27	27	education program under Section 37.006; or
28	28	(ii) conduct for which a student may be
29	29	expelled from school under Section 37.007;
30	30	(B) is found by a juvenile court to have engaged
31	31	in conduct indicating a need for supervision as described by
32	32	Section 51.03(b)(2), Family Code;
33	33	(C) commits an offense under Section 25.094; or
34	34	(D) is less than 12 years of age, is required to
35	35	attend school under Section 25.085, and engages in conduct
36	36	described by Section 25.094(a)(3), unless the child proves to the
37	37	satisfaction of the receiving school district that one or more of
38	38	the absences described by Section 25.094(a)(3) were excused by a
39	39	school official or by a court or were involuntary and there is an
40	40	insufficient number of unexcused or voluntary absences remaining to
41	41	constitute conduct described by Section 25.094(a)(3); or
42	42	(2) the parent or guardian or person having lawful
43	43	control of the child who executed the transfer agreement fails to
44	44	pay tuition as authorized under Section 25.038 in accordance with
45	45	the agreement.
46	46	(d) Before a transfer approval may be revoked under this
47	47	section, the receiving school district must provide an opportunity
48	48	for hearing in accordance with the process adopted under Section
49	49	11.1511(b)(13) and, in the case of a proposed revocation under
50	50	Subsection (c)(1)(A)(i) or (ii), a conference, any appeal, any
51	51	proceeding, or a hearing as provided under Section 37.009(a), (b),
52	52	or (f), as applicable. Section 37.004 also applies to
53	53	consideration of revocation of transfer approval under this
54	54	section.
55	55	(e) If a transfer approval is revoked under this section the
56	56	receiving district shall refund an amount of any tuition fee paid
57	57	under Section 25.038 proportionate to any portion of the school
58	58	year for which the fee was paid that is remaining after the date the
59	59	child is no longer entitled to attend school.
60	60	SECTION 2. This Act applies beginning with the 2015-2016
61	61	school year.
62	62	SECTION 3. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2015.