Texas 2025 - 89th Regular

Texas House Bill HB2396 Compare Versions

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

Old	New	Differences
1	1	89R11509 KJE-F
2	2	By: Dutton H.B. No. 2396
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the transfer of students between public schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 25.001, Education Code, is amended by
12	12	amending Subsection (h) and adding Subsection (k) to read as
13	13	follows:
14	14	(h) In addition to the penalty provided by Section 37.10,
15	15	Penal Code, a person who knowingly falsifies information on a form
16	16	required for enrollment of a student in a school district is liable
17	17	to the district if the student is not eligible for enrollment in the
18	18	district but is enrolled on the basis of the false information. The
19	19	person is liable, for the period during which the ineligible
20	20	student is enrolled, for [the greater of:
21	21	[(1) the maximum tuition fee the district may charge
22	22	under Section 25.038; or
23	23	[(2)] the amount the district has budgeted for each
24	24	student as maintenance and operating expenses.
25	25	(k) Notwithstanding any other law, a school district shall
26	26	allow a student who qualifies for admission under this subchapter
27	27	to enroll at the campus nearest to the student's residence offering
28	28	the appropriate grade level, regardless of whether the student
29	29	resides in the attendance zone of that district or campus and
30	30	provided that the campus has capacity, as determined under Section
31	31	25.046.
32	32	SECTION 2. Section 25.036, Education Code, is amended to
33	33	read as follows:
34	34	Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
35	35	than a high school graduate, who is younger than 21 years of age and
36	36	eligible for enrollment on September 1 of any school year may apply
37	37	to transfer [annually] from the child's school district [of
38	38	residence] to any public school [another district] in this state
39	39	that offers the appropriate grade level and has capacity, as
40	40	determined under Section 25.046 [if both the receiving district and
41	41	the applicant parent or guardian or person having lawful control of
42	42	the child jointly approve and timely agree in writing to the
43	43	transfer].
44	44	(b) Before the beginning of each school year, a school
45	45	district shall:
46	46	(1) require a transfer applicant under Subsection (a)
47	47	to complete and submit the district's transfer application form by
48	48	a reasonable deadline established by the district; and
49	49	(2) admit each eligible transfer applicant until
50	50	enrollment at the campus reaches capacity, as determined under
51	51	Section 25.046.
52	52	(c) If a school district receives more eligible transfer
53	53	applications for a district campus or a specific grade level at a
54	54	district campus than the district has capacity for at that campus or
55	55	in that grade level, as determined under Section 25.046, the
56	56	district shall fill the available positions by lottery. A school
57	57	district shall offer to a student who the district does not enroll
58	58	due to lack of capacity an available position, if any, in the
59	59	appropriate grade level at another district campus.
60	60	(d) A school district that must fill positions by lottery
61	61	under Subsection (c) shall, in developing the lottery system,
62	62	ensure priority is given to an applicant who:
63	63	(1) resides in the district;
64	64	(2) is enrolled as a transfer student in the district
65	65	at another campus but has completed the highest grade level offered
66	66	at that campus;
67	67	(3) is a sibling of a student currently enrolled at a
68	68	district campus;
69	69	(4) is applying to transfer to a campus that is the
70	70	campus geographically nearest to the student's residence that
71	71	offers the appropriate grade level, regardless of whether the
72	72	student resides in the attendance zone of that campus;
73	73	(5) receives special education services under
74	74	Subchapter A, Chapter 29;
75	75	(6) is in foster care; or
76	76	(7) is a dependent of a person who is employed at the
77	77	campus to which the student is applying to transfer.
78	78	(e) A school district that receives more eligible transfer
79	79	applications for a district campus or a specific grade level at a
80	80	district campus than the district may enroll at the capacity
81	81	determined under Section 25.046 for that campus or grade level
82	82	shall establish and maintain a waiting list for transfer applicants
83	83	who are not admitted.
84	84	(f) If a position at a school district campus with a
85	85	waitlist under Subsection (e) becomes available after the start of
86	86	the school year, the district shall first admit transfer applicants
87	87	according to that waitlist and then admit any additional transfer
88	88	applicants in the order in which those additional transfer
89	89	applications are received.
90	90	(g) A school district may not deny a student's transfer
91	91	application unless:
92	92	(1) the requested district or campus is determined to
93	93	be at capacity under Section 25.046; or
94	94	(2) the student requesting the transfer is, at the
95	95	time of the application:
96	96	(A) expelled or suspended from the student's
97	97	school;
98	98	(B) placed in a disciplinary alternative
99	99	education program or juvenile justice alternative education
100	100	program; or
101	101	(C) subject to an ongoing disciplinary
102	102	proceeding under a district's student code of conduct adopted under
103	103	Section 37.001 that may lead to the student's:
104	104	(i) out-of-school suspension;
105	105	(ii) placement in a disciplinary
106	106	alternative education program or juvenile justice alternative
107	107	education program; or
108	108	(iii) expulsion.
109	109	(h) Notwithstanding any other law, a transfer applicant
110	110	under this section may only appeal a denial of the applicant's
111	111	transfer application as provided by this subsection. The parent of
112	112	or person standing in parental relation to a student may appeal a
113	113	denial of the student's transfer application by submitting the
114	114	appeal not later than the 10th day after the date of notification of
115	115	the application denial to the board of trustees of the receiving
116	116	school district. The receiving school district must consider the
117	117	appeal at the board's next regularly scheduled meeting and notify
118	118	the parent of the board's decision not later than the 10th day after
119	119	the date of that meeting. If the receiving school district board of
120	120	trustees denies the appeal, the parent of or person standing in
121	121	parental relation to the student may appeal that denial by
122	122	submitting the appeal to the commissioner not later than the 10th
123	123	day after the date of notification of the board's denial of the
124	124	appeal. The commissioner must provide a decision regarding an
125	125	appeal received under this subsection not later than the 90th day
126	126	after the date the commissioner receives notice of the appeal. The
127	127	commissioner must allow the appealing person and a representative
128	128	from the receiving school district to provide comment to the
129	129	commissioner regarding the appeal. An appeal under this subsection
130	130	must be submitted on a form approved by the commissioner.
131	131	(i) A student who transfers to another school district or
132	132	district campus as provided by this section may remain at the
133	133	receiving campus until that student completes the highest grade
134	134	level offered at the campus.
135	135	(j) Once a student who transfers to another school district
136	136	or district campus as provided by this section completes the
137	137	highest grade level offered at the receiving campus, the student
138	138	must reapply to continue attending school in the receiving
139	139	district. The district must prioritize admitting the student as
140	140	provided by Subsection (d).
141	141	(k) A school district may not deny admission to a student
142	142	who resides in the attendance zone of the district, including a
143	143	student who attends an open-enrollment charter school in the
144	144	district, for the purpose of accepting a transfer applicant under
145	145	this section.
146	146	(l) A school district campus that uses a selective
147	147	admissions process in accordance with a specific instructional
148	148	model or performing arts focus may retain that selective admissions
149	149	process if the admissions process prohibits discrimination on the
150	150	basis of a student's:
151	151	(1) sex, national origin, ethnicity, religion,
152	152	disability, socioeconomic status, or athletic ability;
153	153	(2) disciplinary record, except as permitted under
154	154	Subsection (g); or
155	155	(3) assigned school district or district campus based
156	156	on the attendance zone of the student's residence.
157	157	(m) The commissioner shall adopt rules necessary to
158	158	implement this section, including rules establishing:
159	159	(1) an admissions lottery, as described by Subsection
160	160	(c), and a waitlist as described by Subsection (e);
161	161	(2) procedures to ensure that selective admissions
162	162	processes at applicable open-enrollment district campuses comply
163	163	with Subsection (l); and
164	164	(3) procedures to ensure this section complies with
165	165	state and federal law regarding confidentiality of student medical
166	166	or educational information, including the Health Insurance
167	167	Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
168	168	et seq.) and the Family Educational Rights and Privacy Act of 1974
169	169	(20 U.S.C. Section 1232g).
170	170	(n) [A transfer agreement under this section shall be filed
171	171	and preserved as a receiving district record for audit purposes of
172	172	the agency.
173	173	[(c)] In the case of a transfer under this section, a
174	174	child's school district of residence shall provide the receiving
175	175	district with the child's disciplinary record and any threat
176	176	assessment involving the child's behavior conducted under Section
177	177	37.115.
178	178	SECTION 3. Subchapter B, Chapter 25, Education Code, is
179	179	amended by adding Sections 25.046 and 25.047 to read as follows:
180	180	Sec. 25.046. TRANSFER CAPACITY; DISTRICT POLICY. (a)
181	181	Except as provided by Subsection (c), each year on the first day of
182	182	January, April, July, and October, the board of trustees of a school
183	183	district shall determine the capacity of each district campus and
184	184	the capacity of each grade level offered at each campus. For
185	185	purposes of this section, the capacity of a district campus or a
186	186	grade level at that campus is the total number of students that may
187	187	be admitted at the campus or at that grade level, as applicable,
188	188	less the students who are currently enrolled at that campus or at
189	189	that grade level, as applicable. Based on the board's
190	190	determination of campus or grade level capacity and current student
191	191	enrollment, the district shall identify the number of available
192	192	positions at each campus and for each grade level. In determining
193	193	campus and grade level capacity, the district shall consult the
194	194	most recent district facility plan, including a facility plan
195	195	created as part of a district bond proposal.
196	196	(b) The district shall post for each campus in the district
197	197	on the district's Internet website, if the district maintains a
198	198	website, the most recent determination of campus and grade level
199	199	capacity. If the district does not maintain a website, the district
200	200	shall make the information required under this subsection available
201	201	to the public at a district administrative office.
202	202	(c) A school district is not required to determine the
203	203	capacity of a new instructional facility, as defined by Section
204	204	48.152, in the first school year in which students attend the new
205	205	instructional facility.
206	206	(d) The board of trustees of a school district shall adopt a
207	207	written policy that meets the requirements adopted by the
208	208	commissioner under Subsection (f) for the admission of a transfer
209	209	applicant under this subchapter. The board shall make the policy
210	210	available to the public in the same manner the district makes
211	211	available the district's determination of campus and grade level
212	212	capacity under Subsection (b). The policy must include:
213	213	(1) adoption of a transfer application form;
214	214	(2) the provision of the address of the district
215	215	administrative office where a person may access the district's
216	216	determination of campus and grade level capacity, if the district
217	217	does not maintain an Internet website; and
218	218	(3) the provision of information regarding available
219	219	options for transportation provided by the district or in the
220	220	community.
221	221	(e) The agency shall establish and maintain on the agency's
222	222	Internet website a publication that includes each school district's
223	223	policy adopted under this section and campus or grade level
224	224	capacity determinations under Subsection (a).
225	225	(f) The commissioner shall adopt rules and prescribe
226	226	procedures necessary to implement this section, including by
227	227	developing any necessary model policies, forms, or templates for
228	228	use by a school district in complying with Subsection (d). In
229	229	adopting rules to implement this section, the commissioner shall
230	230	consider feedback from districts and shall prioritize:
231	231	(1) flexibility of access for students;
232	232	(2) encouraging districts to accommodate student
233	233	transfers; and
234	234	(3) preventing districts from discouraging student
235	235	transfers.
236	236	Sec. 25.047. REPORTING AND AUDIT REQUIREMENTS. (a)
237	237	Subject to Subsection (b), each school district shall annually
238	238	submit not later than the last Friday in October of each school year
239	239	a report to the agency regarding the transfer of students to and
240	240	from the district during the preceding school year. The report must
241	241	include:
242	242	(1) for each district campus, the quarterly campus and
243	243	grade level capacity determinations under Section 25.046;
244	244	(2) for each campus, the number of transfer
245	245	applications for transfers to that campus the district received,
246	246	the number of applications that were granted, and the number of
247	247	applications that were denied, including the reason for the denial;
248	248	(3) the information described by Subdivisions (1) and
249	249	(2) aggregated for all campuses in the district; and
250	250	(4) for the purposes of demographic analysis, any
251	251	information required by the commissioner as necessary to identify
252	252	each student admitted to or denied admission to a campus in the
253	253	district who is or was previously enrolled in a public school in
254	254	this state.
255	255	(b) A school district with only one campus serving each
256	256	grade level is exempt from Subsection (a)(3).
257	257	(c) Not later than March 15 of each year, the agency shall
258	258	post on the agency's Internet website a report on the transfer and
259	259	assignment of students. The report must include:
260	260	(1) a summary of school district admission practices
261	261	relating to student transfer admissions;
262	262	(2) for the state, the aggregated data reported under
263	263	Subsection (a);
264	264	(3) for each district, the aggregated data reported
265	265	under Subsection (a);
266	266	(4) a demographic analysis of the students
267	267	transferring districts;
268	268	(5) a demographic analysis of the students
269	269	transferring between campuses in the same district;
270	270	(6) for each district, the number of transfer
271	271	applicants seeking admission or withdrawal, showing the potential
272	272	net change in enrollment; and
273	273	(7) for each district, the actual number of students
274	274	who transferred into or out of the district, showing the actual net
275	275	change in enrollment.
276	276	(d) Every sixth year, the agency shall publish a study of
277	277	statewide transfer trends that includes:
278	278	(1) the total number of students transferring
279	279	districts and of students transferring between campuses in the same
280	280	district;
281	281	(2) using data from the preceding six school years, an
282	282	analysis at the state and district levels of changes in:
283	283	(A) the number of districts and campuses
284	284	admitting transfer students;
285	285	(B) the number of students transferring
286	286	districts; and
287	287	(C) the number of students transferring between
288	288	campuses in the same district;
289	289	(3) a demographic analysis of the students
290	290	transferring districts and of the students transferring between
291	291	campuses in the same district;
292	292	(4) using data from the preceding six school years, an
293	293	analysis of the patterns of student movement between districts and
294	294	campuses, including a description of any characteristics that are
295	295	correlated with students transferring to or away from districts or
296	296	campuses;
297	297	(5) a summary of district practices regarding
298	298	transportation of transfer students;
299	299	(6) an explanation of the reasons students choose to
300	300	transfer districts or campuses and the barriers faced by students
301	301	in transferring districts or campuses;
302	302	(7) an explanation of the challenges restricting
303	303	districts from admitting more transfer students;
304	304	(8) performance outcomes for inter- and
305	305	intra-district transfer students, including changes in student
306	306	proficiency after the date of transfer; and
307	307	(9) the effects of inter-district transfers on test
308	308	scores and program offerings for sending and receiving districts.
309	309	(e) Each school year, the agency shall randomly select 10
310	310	percent of the school districts in this state and conduct an audit
311	311	of each district's capacity determination under Section 25.046 and
312	312	of each district's approved and denied transfer applications. If
313	313	the agency finds inaccurate reporting of capacity levels by a
314	314	school district, the agency shall set the capacity for the
315	315	district. Districts audited during the preceding two school years
316	316	may not be selected for audit.
317	317	(f) The commissioner shall adopt rules necessary to
318	318	implement this section.
319	319	SECTION 4. Section 34.007(a), Education Code, is amended to
320	320	read as follows:
321	321	(a) A board of county school trustees or a school district
322	322	board of trustees may establish and operate an economical public
323	323	school transportation system:
324	324	(1) in the county or district, as applicable;
325	325	(2) outside the county or district, as applicable, if
326	326	the county or school district enters into an interlocal contract as
327	327	provided by Chapter 791, Government Code; or
328	328	(3) outside the district if students enrolled in the
329	329	district reside outside the district and the district:
330	330	(A) has an active policy adopted by the board
331	331	that prohibits screening transfer students who reside outside the
332	332	district based on the student's academic performance, disciplinary
333	333	history, except as provided by Section 25.036(g)(2), or attendance
334	334	record, regardless of any relevant district or innovation plan
335	335	adopted by the board or authorization to screen transfer students
336	336	under any other authority; [and]
337	337	(B) certifies that the district has:
338	338	(i) an overall performance rating of C or
339	339	higher under Section 39.054 for the preceding school year or the
340	340	most recent school year in which a performance rating was assigned;
341	341	and
342	342	(ii) an overall accountability score of 70
343	343	or higher for the preceding school year or the most recent school
344	344	year in which a performance rating was assigned as calculated by the
345	345	agency for purposes of determining the district's overall
346	346	performance rating under Section 39.054; and
347	347	(C) certifies that the district or receiving
348	348	campus has [(iii)] the same or better overall performance rating
349	349	under Section 39.054 for the preceding school year or the most
350	350	recent school year in which a performance rating was assigned as the
351	351	school district or campus from which the district will transport
352	352	students under this subdivision.
353	353	SECTION 5. The following provisions of the Education Code
354	354	are repealed:
355	355	(1) Section 25.038;
356	356	(2) Sections 25.039(b) and (c); and
357	357	(3) Section 48.154.
358	358	SECTION 6. The changes in law made by this Act may not be
359	359	interpreted to affect the authority or existing rules of the
360	360	University Interscholastic League regarding the participation of a
361	361	student in an interscholastic competition.
362	362	SECTION 7. Not later than September 1, 2031, the Texas
363	363	Education Agency shall publish the first study of statewide
364	364	transfer trends required under Section 25.047, Education Code, as
365	365	added by this Act.
366	366	SECTION 8. This act applies beginning with the 2025-2026
367	367	school year.
368	368	SECTION 9. This Act takes effect immediately if it receives
369	369	a vote of two-thirds of all the members elected to each house, as
370	370	provided by Section 39, Article III, Texas Constitution. If this
371	371	Act does not receive the vote necessary for immediate effect, this
372	372	Act takes effect September 1, 2025.