By: Zaffirini S.B. No. 49
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of a student from the school district of
the student's residence to another district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.036, Education Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), and (e) 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 each school year
[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 having lawful control of the
child jointly approve and timely agree in writing to the transfer.
(c) Subject to Subsection (d), the transfer agreement may
authorize the receiving school district to revoke, at any time
during the school year, the approval of the child to transfer if:
(1) the child:
(A) fails to comply with a condition specified in
the agreement that is:
(i) conduct for which a student is required
to be removed from class and placed in a disciplinary alternative
education program under Section 37.006; or
(ii) conduct for which a student may be
expelled from school under Section 37.007;
(B) is found by a juvenile court to have engaged
in conduct indicating a need for supervision as described by
Section 51.03(b)(2), Family Code;
(C) commits an offense under Section 25.094; or
(D) is less than 12 years of age, is required to
attend school under Section 25.085, and engages in conduct
described by Section 25.094(a)(3), unless the child proves to the
satisfaction of the receiving school district that one or more of
the absences described by Section 25.094(a)(3) were excused by a
school official or by a court or were involuntary and there is an
insufficient number of unexcused or voluntary absences remaining to
constitute conduct described by Section 25.094(a)(3); or
(2) the parent or guardian or person having lawful
control of the child who executed the transfer agreement fails to
pay tuition as authorized under Section 25.038 in accordance with
the agreement.
(d) Before a transfer approval may be revoked under this
section, the receiving school district must provide an opportunity
for hearing in accordance with the process adopted under Section
11.1511(b)(13) and, in the case of a proposed revocation under
Subsection (c)(1)(A)(i) or (ii), a conference, any appeal, any
proceeding, or a hearing as provided under Section 37.009(a), (b),
or (f), as applicable. Section 37.004 also applies to
consideration of revocation of transfer approval under this
section.
(e) If a transfer approval is revoked under this section the
receiving district shall refund an amount of any tuition fee paid
under Section 25.038 proportionate to any portion of the school
year for which the fee was paid that is remaining after the date the
child is no longer entitled to attend school.
SECTION 2. This Act applies beginning with the 2015-2016
school year.
SECTION 3. 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.