| 1 | 1 | | By: Paxton, et al. S.B. No. 418 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the transfer of students between public schools. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 25.001(h), Education Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | (h) In addition to the penalty provided by Section 37.10, |
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| 11 | 11 | | Penal Code, a person who knowingly falsifies information on a form |
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| 12 | 12 | | required for enrollment of a student in a school district is liable |
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| 13 | 13 | | to the district if the student is not eligible for enrollment in the |
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| 14 | 14 | | district but is enrolled on the basis of the false information. The |
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| 15 | 15 | | person is liable, for the period during which the ineligible |
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| 16 | 16 | | student is enrolled, for [the greater of: |
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| 17 | 17 | | [(1) the maximum tuition fee the district may charge |
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| 18 | 18 | | under Section 25.038; or |
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| 19 | 19 | | [(2)] the amount the district has budgeted for each |
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| 20 | 20 | | student as maintenance and operating expenses. |
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| 21 | 21 | | SECTION 2. Section 25.035, Education Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The |
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| 24 | 24 | | boards of trustees of two or more [adjoining] school districts or |
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| 25 | 25 | | the boards of county school trustees of two or more [adjoining] |
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| 26 | 26 | | counties may, [by agreement and] in accordance with Sections |
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| 27 | 27 | | 25.032, 25.033, and 25.034, arrange for the transfer and assignment |
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| 28 | 28 | | of any student from the jurisdiction of one board to that of |
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| 29 | 29 | | another. [In the case of the transfer and assignment of a student |
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| 30 | 30 | | under this section, the participating governing boards shall also |
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| 31 | 31 | | agree to the transfer of school funds or other payments |
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| 32 | 32 | | proportionate to the transfer of attendance.] |
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| 33 | 33 | | SECTION 3. Section 25.036, Education Code, is amended to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other |
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| 36 | 36 | | than a high school graduate, who is younger than 21 years of age and |
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| 37 | 37 | | eligible for enrollment on September 1 of any school year may apply |
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| 38 | 38 | | to transfer [annually] from the child's school district [of |
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| 39 | 39 | | residence] to any public school [another district] in this state |
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| 40 | 40 | | that offers the appropriate grade level and has capacity, as |
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| 41 | 41 | | determined under Section 25.046 [if both the receiving district and |
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| 42 | 42 | | the applicant parent or guardian or person having lawful control of |
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| 43 | 43 | | the child jointly approve and timely agree in writing to the |
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| 44 | 44 | | transfer]. |
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| 45 | 45 | | (b) Before the beginning of each school year, a school |
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| 46 | 46 | | district shall: |
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| 47 | 47 | | (1) require a transfer applicant under Subsection (a) |
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| 48 | 48 | | to complete and submit the district's transfer application form by |
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| 49 | 49 | | a reasonable deadline established by the district; and |
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| 50 | 50 | | (2) subject to Subsection (g), admit each eligible |
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| 51 | 51 | | transfer applicant until enrollment at the campus reaches capacity, |
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| 52 | 52 | | as determined under Section 25.046. |
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| 53 | 53 | | (c) If a school district receives more eligible transfer |
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| 54 | 54 | | applications for a district campus or a specific grade level at a |
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| 55 | 55 | | district campus than the district has capacity for at that campus or |
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| 56 | 56 | | in that grade level, as determined under Section 25.046, the |
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| 57 | 57 | | district shall fill the available positions by lottery. A school |
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| 58 | 58 | | district shall offer to a student who the district does not enroll |
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| 59 | 59 | | due to lack of capacity an available position, if any, in the |
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| 60 | 60 | | appropriate grade level at another district campus. |
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| 61 | 61 | | (d) A school district that must fill positions by lottery |
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| 62 | 62 | | under Subsection (c) shall, in developing the lottery system, |
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| 63 | 63 | | ensure priority is given to applicants in the following order: |
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| 64 | 64 | | (1) students residing in the receiving district; |
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| 65 | 65 | | (2) students enrolled as transfer students at another |
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| 66 | 66 | | campus in the receiving district; |
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| 67 | 67 | | (3) students who are dependents of an employee of the |
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| 68 | 68 | | receiving district; |
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| 69 | 69 | | (4) students receiving special education services |
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| 70 | 70 | | under Subchapter A, Chapter 29; |
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| 71 | 71 | | (5) students who are dependents of military personnel; |
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| 72 | 72 | | (6) students who are dependents of law enforcement |
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| 73 | 73 | | personnel; |
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| 74 | 74 | | (7) students in foster care; |
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| 75 | 75 | | (8) students who are the subject of court-ordered |
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| 76 | 76 | | modification of an order establishing conservatorship or |
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| 77 | 77 | | possession and access; and |
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| 78 | 78 | | (9) students who are siblings of a student who is |
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| 79 | 79 | | enrolled in the receiving district at the time the student seeks to |
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| 80 | 80 | | transfer. |
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| 81 | 81 | | (e) A school district that receives more eligible transfer |
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| 82 | 82 | | applications for a district campus or a specific grade level at a |
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| 83 | 83 | | district campus than the district may enroll at the capacity |
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| 84 | 84 | | determined under Section 25.046 for that campus or grade level |
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| 85 | 85 | | shall establish and maintain a waitlist for transfer applicants who |
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| 86 | 86 | | are not admitted. |
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| 87 | 87 | | (f) If a position at a school district campus with a |
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| 88 | 88 | | waitlist under Subsection (e) becomes available after the start of |
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| 89 | 89 | | the school year, the district shall first admit transfer applicants |
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| 90 | 90 | | according to that waitlist and then admit any additional transfer |
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| 91 | 91 | | applicants in the order in which those additional transfer |
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| 92 | 92 | | applications are received. |
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| 93 | 93 | | (g) A school district may deny approval of a transfer under |
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| 94 | 94 | | this section only if: |
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| 95 | 95 | | (1) the district or a school in the district to which a |
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| 96 | 96 | | student seeks to transfer is at full student capacity or has more |
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| 97 | 97 | | requests for transfers than available positions; |
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| 98 | 98 | | (2) at the time a student seeks to transfer: |
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| 99 | 99 | | (A) the student is: |
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| 100 | 100 | | (i) suspended or expelled by the district |
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| 101 | 101 | | in which the student is enrolled; or |
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| 102 | 102 | | (ii) placed in a disciplinary alternative |
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| 103 | 103 | | education program or a juvenile justice alternative education |
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| 104 | 104 | | program; or |
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| 105 | 105 | | (B) disciplinary proceedings are pending against |
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| 106 | 106 | | the student in the district in which the student is enrolled for |
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| 107 | 107 | | conduct for which the student: |
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| 108 | 108 | | (i) may be placed in out-of-school |
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| 109 | 109 | | suspension in accordance with the district's student code of |
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| 110 | 110 | | conduct; |
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| 111 | 111 | | (ii) is required or permitted to be removed |
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| 112 | 112 | | from class and placed in a disciplinary alternative education |
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| 113 | 113 | | program under Section 37.006; or |
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| 114 | 114 | | (iii) is required or permitted to be |
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| 115 | 115 | | expelled under Section 37.007; or |
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| 116 | 116 | | (3) approving the transfer would supersede a |
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| 117 | 117 | | court-ordered desegregation plan. |
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| 118 | 118 | | (h) A school district that denies approval of a transfer |
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| 119 | 119 | | under this section shall inform the applicant in writing of the |
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| 120 | 120 | | reason for denying approval of the applicant's transfer. |
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| 121 | 121 | | (i) A student who transfers to another school district under |
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| 122 | 122 | | this section may not be charged tuition. The student is included in |
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| 123 | 123 | | the average daily attendance of the district to which the student |
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| 124 | 124 | | transfers, beginning on the date the student begins attending |
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| 125 | 125 | | classes at that district. |
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| 126 | 126 | | (j) A receiving school district may, but is not required to, |
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| 127 | 127 | | provide transportation to a student who transfers to the receiving |
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| 128 | 128 | | district under this section. |
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| 129 | 129 | | (k) A receiving school district may revoke, at any time |
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| 130 | 130 | | during the school year, the approval of the student's transfer if |
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| 131 | 131 | | the student: |
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| 132 | 132 | | (1) fails to comply with a condition specified in the |
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| 133 | 133 | | agreement that is: |
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| 134 | 134 | | (A) a condition specified in the student code of |
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| 135 | 135 | | conduct under Section 37.001(a)(2); |
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| 136 | 136 | | (B) a circumstance specified in the student code |
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| 137 | 137 | | of conduct under Section 37.001(a)(3) that may result in |
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| 138 | 138 | | out-of-school suspension; |
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| 139 | 139 | | (C) conduct for which a student is required or |
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| 140 | 140 | | permitted to be removed from class and placed in a disciplinary |
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| 141 | 141 | | alternative education program under Section 37.006; or |
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| 142 | 142 | | (D) conduct for which a student is required or |
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| 143 | 143 | | permitted to be expelled from school under Section 37.007; or |
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| 144 | 144 | | (2) fails to maintain a specified school attendance |
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| 145 | 145 | | rate. |
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| 146 | 146 | | (l) A student who transfers to another school district or |
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| 147 | 147 | | district campus as provided by this section may remain at the |
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| 148 | 148 | | receiving campus until that student completes the highest grade |
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| 149 | 149 | | level offered at the campus. |
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| 150 | 150 | | (m) Once a student who transfers to another school district |
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| 151 | 151 | | or district campus as provided by this section completes the |
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| 152 | 152 | | highest grade level offered at the receiving campus, the student |
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| 153 | 153 | | must reapply to continue attending school in the receiving |
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| 154 | 154 | | district. The district must prioritize admitting the student as |
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| 155 | 155 | | provided by Subsection (d). |
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| 156 | 156 | | (n) A school district may not deny admission to a student |
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| 157 | 157 | | who is currently enrolled in the district, including a student |
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| 158 | 158 | | enrolled as a transfer student at another campus in the district, |
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| 159 | 159 | | for the purpose of accepting a transfer applicant under this |
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| 160 | 160 | | section. |
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| 161 | 161 | | (o) A school district may not take any adverse action |
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| 162 | 162 | | against a student enrolled as a transfer student in the district |
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| 163 | 163 | | based on the fact that the district charged a tuition fee for the |
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| 164 | 164 | | student to attend school in the district for a previous school year |
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| 165 | 165 | | under former Section 25.038. |
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| 166 | 166 | | (p) The commissioner shall adopt rules necessary to |
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| 167 | 167 | | implement this section, including rules establishing: |
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| 168 | 168 | | (1) an admissions lottery, as described by Subsection |
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| 169 | 169 | | (c), and a waitlist as described by Subsection (e); and |
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| 170 | 170 | | (2) procedures to ensure this section complies with |
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| 171 | 171 | | state and federal law regarding confidentiality of student medical |
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| 172 | 172 | | or educational information, including the Health Insurance |
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| 173 | 173 | | Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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| 174 | 174 | | et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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| 175 | 175 | | (20 U.S.C. Section 1232g). [A transfer agreement under this section |
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| 176 | 176 | | shall be filed and preserved as a receiving district record for |
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| 177 | 177 | | audit purposes of the agency.] |
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| 178 | 178 | | SECTION 4. Subchapter B, Chapter 25, Education Code, is |
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| 179 | 179 | | amended by adding Sections 25.046 and 25.047 to read as follows: |
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| 180 | 180 | | Sec. 25.046. TRANSFER CAPACITY; DISTRICT POLICY. (a) |
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| 181 | 181 | | Except as provided by Subsection (c), each year on the first day of |
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| 182 | 182 | | January, April, July, and October, the board of trustees of a school |
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| 183 | 183 | | district shall determine the capacity of each district campus and |
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| 184 | 184 | | the capacity of each grade level offered at each campus. For |
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| 185 | 185 | | purposes of this section, the capacity of a district campus or a |
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| 186 | 186 | | grade level at that campus is the total number of students that may |
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| 187 | 187 | | be admitted at the campus or at that grade level, as applicable, |
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| 188 | 188 | | less the students who are currently enrolled at that campus or at |
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| 189 | 189 | | that grade level, as applicable. Based on the board's |
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| 190 | 190 | | determination of campus or grade level capacity and current student |
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| 191 | 191 | | enrollment, the district shall identify the number of available |
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| 192 | 192 | | positions at each campus and for each grade level. In determining |
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| 193 | 193 | | campus and grade level capacity, the district shall consult the |
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| 194 | 194 | | most recent district facility plan, including: |
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| 195 | 195 | | (1) a facility plan created as part of a district bond |
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| 196 | 196 | | proposal; or |
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| 197 | 197 | | (2) a long-range facility plan created as part of a |
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| 198 | 198 | | capital improvement project for which construction services are |
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| 199 | 199 | | procured under Chapter 2269, Government Code, in accordance with |
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| 200 | 200 | | Section 44.031(a)(5) of this code. |
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| 201 | 201 | | (b) The district shall post for each campus in the district |
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| 202 | 202 | | on the district's Internet website, if the district maintains a |
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| 203 | 203 | | website, the most recent determination of campus and grade level |
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| 204 | 204 | | capacity. If the district does not maintain a website, the district |
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| 205 | 205 | | shall make the information required under this subsection available |
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| 206 | 206 | | to the public at an administrative office of the district. |
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| 207 | 207 | | (c) A school district is not required to determine the |
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| 208 | 208 | | capacity of a new instructional facility, as defined by Section |
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| 209 | 209 | | 48.152, in the first school year in which students attend the new |
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| 210 | 210 | | instructional facility. |
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| 211 | 211 | | (d) The board of trustees of a school district shall adopt a |
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| 212 | 212 | | written policy that meets the requirements adopted by the |
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| 213 | 213 | | commissioner under Subsection (f) for the admission of a transfer |
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| 214 | 214 | | applicant under this subchapter. The board shall make the policy |
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| 215 | 215 | | available to the public in the same manner the district makes |
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| 216 | 216 | | available a district's determination of campus and grade level |
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| 217 | 217 | | capacity under Subsection (b). The policy must include: |
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| 218 | 218 | | (1) adoption of a transfer application form; |
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| 219 | 219 | | (2) the provision of the address of the district |
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| 220 | 220 | | administrative office where a person may access the district's |
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| 221 | 221 | | determination of campus and grade level capacity, if the district |
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| 222 | 222 | | does not maintain an Internet website; and |
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| 223 | 223 | | (3) the provision of information regarding available |
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| 224 | 224 | | options for transportation provided by the district or in the |
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| 225 | 225 | | community. |
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| 226 | 226 | | (e) The agency shall post on the agency's Internet website |
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| 227 | 227 | | information regarding each school district's policy adopted under |
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| 228 | 228 | | this section and each district's campus or grade level capacity |
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| 229 | 229 | | determinations under Subsection (a). |
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| 230 | 230 | | (f) The commissioner shall adopt rules and prescribe |
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| 231 | 231 | | procedures necessary to implement this section, including by |
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| 232 | 232 | | developing required policies and forms for use by a school district |
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| 233 | 233 | | in complying with Subsection (d). In adopting rules to implement |
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| 234 | 234 | | this section, the commissioner shall consider feedback from |
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| 235 | 235 | | districts and shall prioritize: |
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| 236 | 236 | | (1) flexibility of access for students; |
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| 237 | 237 | | (2) encouraging districts to accommodate student |
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| 238 | 238 | | transfers; and |
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| 239 | 239 | | (3) preventing districts from discouraging student |
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| 240 | 240 | | transfers. |
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| 241 | 241 | | Sec. 25.047. REPORTING AND AUDIT REQUIREMENTS. (a) |
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| 242 | 242 | | Subject to Subsection (b), each school district shall annually |
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| 243 | 243 | | submit not later than the last Friday in October of each school year |
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| 244 | 244 | | a report to the agency regarding the transfer of students to and |
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| 245 | 245 | | from the district during the previous school year. The report must |
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| 246 | 246 | | include: |
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| 247 | 247 | | (1) for each district campus, the quarterly campus and |
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| 248 | 248 | | grade level capacity determinations under Section 25.046; |
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| 249 | 249 | | (2) for each campus, the number of transfer |
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| 250 | 250 | | applications for transfers to that campus the district received, |
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| 251 | 251 | | the number of applications that were granted, and the number of |
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| 252 | 252 | | applications that were denied, including the reason for the denial, |
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| 253 | 253 | | during the preceding school year; |
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| 254 | 254 | | (3) the information described by Subdivisions (1) and |
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| 255 | 255 | | (2) aggregated for all campuses in the district; and |
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| 256 | 256 | | (4) for the purposes of demographic analysis, any |
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| 257 | 257 | | information required by the commissioner as necessary to identify |
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| 258 | 258 | | each student admitted to or denied admission to a campus in the |
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| 259 | 259 | | district who is or was previously enrolled in a public school in |
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| 260 | 260 | | this state. |
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| 261 | 261 | | (b) A school district with only one campus serving each |
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| 262 | 262 | | grade level is exempt from Subsection (a)(3). |
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| 263 | 263 | | (c) Not later than March 15 of each year, the agency shall |
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| 264 | 264 | | post on the agency's Internet website a report on the transfer and |
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| 265 | 265 | | assignment of students. The report must include: |
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| 266 | 266 | | (1) a summary of school district admission practices |
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| 267 | 267 | | relating to student transfer admissions; |
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| 268 | 268 | | (2) for the state, the aggregated data reported under |
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| 269 | 269 | | Subsection (a); |
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| 270 | 270 | | (3) for each district, the aggregated data reported |
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| 271 | 271 | | under Subsection (a); |
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| 272 | 272 | | (4) a demographic analysis of the students |
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| 273 | 273 | | transferring districts; |
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| 274 | 274 | | (5) a demographic analysis of the students |
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| 275 | 275 | | transferring between campuses within the same district; |
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| 276 | 276 | | (6) for each district, the number of transfer |
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| 277 | 277 | | applicants seeking admission or withdrawal, showing the potential |
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| 278 | 278 | | net change in enrollment; and |
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| 279 | 279 | | (7) for each district, the actual number of students |
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| 280 | 280 | | who transferred into or out of the district, showing the actual net |
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| 281 | 281 | | change in enrollment. |
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| 282 | 282 | | (d) Every sixth year, the agency shall publish a study of |
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| 283 | 283 | | statewide transfer trends that includes: |
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| 284 | 284 | | (1) the total number of students transferring |
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| 285 | 285 | | districts and of students transferring between campuses within the |
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| 286 | 286 | | same district; |
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| 287 | 287 | | (2) using data from the previous six school years, an |
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| 288 | 288 | | analysis at the state and district level of changes in: |
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| 289 | 289 | | (A) the number of school districts and campuses |
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| 290 | 290 | | admitting transfer students; |
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| 291 | 291 | | (B) the number of students transferring |
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| 292 | 292 | | districts; and |
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| 293 | 293 | | (C) the number of students transferring between |
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| 294 | 294 | | campuses within the same district; |
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| 295 | 295 | | (3) a demographic analysis of the students |
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| 296 | 296 | | transferring districts and of the students transferring between |
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| 297 | 297 | | campuses within the same district; |
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| 298 | 298 | | (4) using data from the previous six school years, an |
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| 299 | 299 | | analysis of the patterns of student movement between districts and |
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| 300 | 300 | | campuses, including a description of any characteristics that are |
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| 301 | 301 | | correlated with students transferring to or away from districts or |
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| 302 | 302 | | schools; |
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| 303 | 303 | | (5) a summary of district practices regarding |
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| 304 | 304 | | transportation of transfer students; |
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| 305 | 305 | | (6) an explanation of the reasons students choose to |
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| 306 | 306 | | transfer districts or campuses and the barriers faced by students |
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| 307 | 307 | | in transferring districts or campuses; |
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| 308 | 308 | | (7) an explanation of the challenges restricting |
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| 309 | 309 | | school districts from admitting more transfer students; |
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| 310 | 310 | | (8) performance outcomes for inter- and |
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| 311 | 311 | | intra-district transfer students, including changes in student |
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| 312 | 312 | | proficiency after the date of transfer; and |
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| 313 | 313 | | (9) the effects of inter-district transfers on student |
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| 314 | 314 | | performance outcomes and district program offerings for both |
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| 315 | 315 | | sending and receiving districts. |
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| 316 | 316 | | (e) Each year, the agency shall randomly select 10 percent |
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| 317 | 317 | | of the school districts in the state and conduct an audit of each |
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| 318 | 318 | | district's capacity determination under Section 25.046 and of each |
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| 319 | 319 | | district's approved and denied transfer applications. If the |
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| 320 | 320 | | agency finds inaccurate reporting of capacity levels by a school |
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| 321 | 321 | | district, the agency shall set the capacity for the school |
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| 322 | 322 | | district. Districts audited during the previous two school years |
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| 323 | 323 | | may not be selected for audit in a school year. |
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| 324 | 324 | | (f) The commissioner shall adopt rules necessary to |
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| 325 | 325 | | implement this section. |
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| 326 | 326 | | SECTION 5. The following provisions of the Education Code |
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| 327 | 327 | | are repealed: |
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| 328 | 328 | | (1) Section 25.038; |
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| 329 | 329 | | (2) Sections 25.039(b) and (c); and |
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| 330 | 330 | | (3) Section 48.154. |
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| 331 | 331 | | SECTION 6. The changes in law made by this Act may not be |
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| 332 | 332 | | interpreted to affect the authority or existing rules of the |
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| 333 | 333 | | University Interscholastic League regarding the participation of a |
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| 334 | 334 | | student in an interscholastic competition. |
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| 335 | 335 | | SECTION 7. Notwithstanding any other provision of this Act, |
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| 336 | 336 | | a student accepted for transfer to a school district for the |
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| 337 | 337 | | 2023-2024 school year under Section 25.035 or 25.036, Education |
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| 338 | 338 | | Code, on a date occurring before the effective date of this Act is |
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| 339 | 339 | | entitled to transfer to the district for that school year in the |
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| 340 | 340 | | same manner as any other student accepted for transfer to the |
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| 341 | 341 | | district for that school year on a date occurring on or after the |
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| 342 | 342 | | effective date of this Act. |
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| 343 | 343 | | SECTION 8. Not later than September 1, 2029, the Texas |
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| 344 | 344 | | Education Agency shall publish the first study of statewide |
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| 345 | 345 | | transfer trends required under Section 25.047, Education Code, as |
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| 346 | 346 | | added by this Act. |
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| 347 | 347 | | SECTION 9. This Act applies beginning with the 2023-2024 |
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| 348 | 348 | | school year. |
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| 349 | 349 | | SECTION 10. This Act takes effect immediately if it |
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| 350 | 350 | | receives a vote of two-thirds of all the members elected to each |
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| 351 | 351 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 352 | 352 | | If this Act does not receive the vote necessary for immediate |
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| 353 | 353 | | effect, this Act takes effect September 1, 2023. |
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