88R3807 CXP-D
By: Paxton S.B. No. 418
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of public school students between certain
school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) A school district may deny approval of a transfer under
this section if:
(1) the district or a school in the district to which a
student seeks to transfer is at full student capacity or has more
requests for transfers than available positions;
(2) at the time a student seeks to transfer, the
student is suspended or expelled by the district in which the
student is enrolled; or
(3) approving the transfer would supersede a
court-ordered desegregation plan.
(c) A school district that has more applicants for transfer
under this section than available positions must fill the available
positions by lottery and must give priority to applicants in the
following order:
(1) students receiving special education services
under Subchapter A, Chapter 29;
(2) students who are dependents of military personnel;
(3) students who are dependents of law enforcement
personnel;
(4) students in foster care;
(5) students who are the subject of court-ordered
modification of an order establishing conservatorship or
possession and access;
(6) students who are siblings of a student who is
enrolled in the receiving district at the time the student seeks to
transfer;
(7) students who are dependents of an employee of the
receiving district; and
(8) students residing in the receiving district.
(d) A student who transfers to another school district under
this section may not be charged tuition. The student is included in
the average daily attendance of the district to which the student
transfers, beginning on the date the student begins attending
classes at that district.
(e) A receiving school district may, but is not required to,
provide transportation to a student who transfers to the receiving
district under this section.
(f) A receiving school district may revoke, at any time
during the school year, the approval of the student's transfer if
the student:
(1) fails to comply with a condition specified in the
agreement that is:
(A) a circumstance specified in the student code
of conduct under Section 37.001(a)(1);
(B) a condition specified in the student code of
conduct under Section 37.001(a)(2);
(C) conduct for which a student is required or
permitted to be removed from class and placed in a disciplinary
alternative education program under Section 37.006; or
(D) conduct for which a student is required or
permitted to be expelled from school under Section 37.007; or
(2) fails to maintain a specified school attendance
rate.
SECTION 2. This Act applies beginning with the 2023-2024
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, 2023.