Texas 2025 - 89th Regular

Texas Senate Bill SB686 Compare Versions

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1		-	By: Paxton, King S.B. No. 686
2		-
3		-
	1	+	By: Paxton S.B. No. 686
	2	+	(In the Senate - Filed December 20, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Education K-16;
	4	+	March 17, 2025, reported favorably by the following vote: Yeas 10,
	5	+	Nays 0; March 17, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the transfer of students between public schools.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Subchapter C, Chapter 7, Education Code, is
11		-	amended by adding Section 7.0611 to read as follows:
12		-	Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section,
13		-	"instructional facility" has the meaning assigned by Section
14		-	46.001.
15		-	(b) The agency by rule shall require each school district to
16		-	annually report the following information in the form and manner
17		-	prescribed by the agency:
18		-	(1) the square footage of each school district
19		-	facility and the acreage of land on which each facility sits;
20		-	(2) the total student capacity for each instructional
21		-	facility on a district campus;
22		-	(3) for each campus in the school district:
23		-	(A) the enrollment capacity of the campus and of
24		-	each grade level offered at the campus; and
25		-	(B) the number of students currently enrolled at
26		-	the campus and in each grade level offered at the campus;
27		-	(4) whether a school district facility is used by one
28		-	or more campuses and the campus identifier of each campus that uses
29		-	the facility;
30		-	(5) what each school district facility is used for,
31		-	including:
32		-	(A) an instructional facility;
33		-	(B) a career and technology center;
34		-	(C) an administrative building;
35		-	(D) a food service facility;
36		-	(E) a transportation facility; and
37		-	(F) vacant land; and
38		-	(6) whether each school district facility is leased or
39		-	owned.
40		-	(c) From the information submitted under Subsection (b),
41		-	the agency shall produce and make available to the public on the
42		-	agency's Internet website an annual report on school district land
43		-	and facilities. The agency may combine the report required under
44		-	this section with any other required report to avoid multiplicity
45		-	of reports.
46		-	(d) If the agency determines information provided under
47		-	Subsection (b) would create a security risk, such information is
48		-	considered confidential for purposes of Chapter 552, Government
49		-	Code, and may not be disclosed in the annual report under Subsection
50		-	(c).
51		-	(e) The commissioner may adopt rules as necessary to
52		-	implement this section. In adopting rules for determining the
53		-	student capacity of a school district or district campus, the
54		-	commissioner may consider the staffing, student-teacher ratio, and
55		-	facility capacity of the district or campus.
56		-	SECTION 2. Section 12A.004(a), Education Code, is amended
57		-	to read as follows:
58		-	(a) A local innovation plan may not provide for the
59		-	exemption of a district designated as a district of innovation from
60		-	the following provisions of this title:
61		-	(1) a state or federal requirement applicable to an
62		-	open-enrollment charter school operating under Subchapter D,
63		-	Chapter 12;
64		-	(2) Subchapters A, C, D, and E, Chapter 11, except that
65		-	a district may be exempt from Sections 11.1511(b)(5) and (14) and
66		-	Section 11.162;
67		-	(3) student transfer and admission requirements under
68		-	Sections 25.001, 25.036, 25.046, and 25.047;
69		-	(4) state curriculum and graduation requirements
70		-	adopted under Chapter 28; and
71		-	(5) [(4)] academic and financial accountability and
72		-	sanctions under Chapters 39 and 39A.
73		-	SECTION 3. Section 25.001(h), Education Code, is amended to
	13	+	SECTION 1. Section 25.001(h), Education Code, is amended to
74	14		read as follows:
75	15		(h) In addition to the penalty provided by Section 37.10,
76	16		Penal Code, a person who knowingly falsifies information on a form
77	17		required for enrollment of a student in a school district is liable
78	18		to the district if the student is not eligible for enrollment in the
79	19		district but is enrolled on the basis of the false information. The
80	20		person is liable, for the period during which the ineligible
81	21		student is enrolled, for [the greater of:
82	22		[(1) the maximum tuition fee the district may charge
83	23		under Section 25.038; or
84	24		[(2)] the amount the district has budgeted for each
85	25		student as maintenance and operating expenses.
86		-	SECTION 4. Section 25.035, Education Code, is amended to
	26	+	SECTION 2. Section 25.035, Education Code, is amended to
87	27		read as follows:
88	28		Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The
89	29		boards of trustees of two or more [adjoining] school districts or
90	30		the boards of county school trustees of two or more [adjoining]
91	31		counties may, [by agreement and] in accordance with Sections
92	32		25.032, 25.033, and 25.034, arrange for the transfer and assignment
93	33		of any student from the jurisdiction of one board to that of
94	34		another. [In the case of the transfer and assignment of a student
95	35		under this section, the participating governing boards shall also
96	36		agree to the transfer of school funds or other payments
97	37		proportionate to the transfer of attendance.]
98		-	SECTION 5. Section 25.036, Education Code, is amended to
	38	+	SECTION 3. Section 25.036, Education Code, is amended to
99	39		read as follows:
100	40		Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
101	41		than a high school graduate, who is younger than 21 years of age and
102	42		eligible for enrollment on September 1 of any school year may apply
103		-	to transfer [annually] from the child's school district or district
104		-	campus [of residence] to another school district in this state or
105		-	another campus located in the child's district, as applicable,
106		-	selected by the child's parent or guardian that offers the
107		-	appropriate grade level and has capacity, as determined under
108		-	Section 25.046 [if both the receiving district and the applicant
109		-	parent or guardian or person having lawful control of the child
110		-	jointly approve and timely agree in writing to the transfer].
	43	+	to transfer [annually] from the child's school district [of
	44	+	residence] to any public school [another district] in this state
	45	+	that offers the appropriate grade level and has capacity, as
	46	+	determined under Section 25.046 [if both the receiving district and
	47	+	the applicant parent or guardian or person having lawful control of
	48	+	the child jointly approve and timely agree in writing to the
	49	+	transfer].
111	50		(b) Before the beginning of each school year, a school
112	51		district shall:
113	52		(1) require a transfer applicant under Subsection (a)
114	53		to complete and submit the district's transfer application form by
115	54		a reasonable deadline established by the district; and
116	55		(2) subject to Subsection (g), admit each eligible
117	56		transfer applicant until enrollment at the campus reaches capacity,
118	57		as determined under Section 25.046. [A transfer agreement under
119	58		this section shall be filed and preserved as a receiving district
120	59		record for audit purposes of the agency.]
121	60		(c) If a school district receives more eligible transfer
122	61		applications for a district campus or a specific grade level at a
123	62		district campus than the district has capacity for at that campus or
124	63		in that grade level, as determined under Section 25.046, the
125	64		district shall fill the available positions by lottery. A school
126	65		district shall offer to a student who the district does not enroll
127	66		due to lack of capacity an available position, if any, in the
128	67		appropriate grade level at another district campus.
129	68		(d) A school district that must fill positions by lottery
130	69		under Subsection (c) shall, in developing the lottery system,
131	70		ensure priority is given to applicants in the following order:
132	71		(1) students residing in the receiving district;
133	72		(2) students enrolled as transfer students at another
134	73		campus in the receiving district;
135	74		(3) students who are dependents of an employee of the
136	75		receiving district;
137	76		(4) students receiving special education services
138	77		under Subchapter A, Chapter 29;
139	78		(5) students who are dependents of military personnel;
140	79		(6) students who are dependents of law enforcement
141	80		personnel;
142	81		(7) students in foster care;
143	82		(8) students who are the subject of court-ordered
144	83		modification of an order establishing conservatorship or
145	84		possession and access; and
146	85		(9) students who are siblings of a student who is
147	86		enrolled in the receiving district at the time the student seeks to
148	87		transfer.
149	88		(e) A school district that receives more eligible transfer
150	89		applications for a district campus or a specific grade level at a
151	90		district campus than the district may enroll at the capacity
152	91		determined under Section 25.046 for that campus or grade level
153	92		shall establish and maintain a waitlist for transfer applicants who
154	93		are not admitted.
155	94		(f) If a position at a school district campus with a
156	95		waitlist under Subsection (e) becomes available after the start of
157	96		the school year, the district shall first admit transfer applicants
158	97		according to that waitlist and then admit any additional transfer
159	98		applicants in the order in which those additional transfer
160	99		applications are received.
161	100		(g) A school district may deny approval of a transfer under
162	101		this section only if:
163	102		(1) the district or a school in the district to which a
164	103		student seeks to transfer is at full student capacity or has more
165	104		requests for transfers than available positions;
166	105		(2) at the time a student seeks to transfer:
167	106		(A) the student is:
168	107		(i) suspended or expelled by the district
169	108		in which the student is enrolled; or
170	109		(ii) placed in a disciplinary alternative
171	110		education program or a juvenile justice alternative education
172	111		program; or
173	112		(B) disciplinary proceedings are pending against
174	113		the student in the district in which the student is enrolled for
175	114		conduct for which the student:
176	115		(i) may be placed in out-of-school
177	116		suspension in accordance with the district's student code of
178	117		conduct;
179	118		(ii) is required or permitted to be removed
180	119		from class and placed in a disciplinary alternative education
181	120		program under Section 37.006; or
182	121		(iii) is required or permitted to be
183	122		expelled under Section 37.007; or
184	123		(3) approving the transfer would supersede a
185	124		court-ordered desegregation plan.
186	125		(h) A school district that denies approval of a transfer
187	126		under this section shall inform the applicant in writing of the
188	127		reason for denying approval of the applicant's transfer.
189	128		(i) A student who transfers to another school district under
190	129		this section may not be charged tuition. The student is included in
191	130		the average daily attendance of the district to which the student
192	131		transfers, beginning on the date the student begins attending
193	132		classes at that district.
194	133		(j) A receiving school district may, but is not required to,
195	134		provide transportation to a student who transfers to the receiving
196	135		district under this section.
197	136		(k) A receiving school district may revoke, at any time
198	137		during the school year, the approval of the student's transfer if
199	138		the student:
200	139		(1) fails to comply with a condition specified in the
201	140		agreement that is:
202	141		(A) a condition specified in the student code of
203	142		conduct under Section 37.001(a)(2);
204	143		(B) a circumstance specified in the student code
205	144		of conduct under Section 37.001(a)(3) that may result in
206	145		out-of-school suspension;
207	146		(C) conduct for which a student is required or
208	147		permitted to be removed from class and placed in a disciplinary
209	148		alternative education program under Section 37.006; or
210	149		(D) conduct for which a student is required or
211	150		permitted to be expelled from school under Section 37.007; or
212	151		(2) fails to maintain a specified school attendance
213	152		rate.
214	153		(l) A student who transfers to another school district or
215	154		district campus as provided by this section may remain at the
216	155		receiving campus until that student completes the highest grade
217	156		level offered at the campus.
218	157		(m) Once a student who transfers to another school district
219	158		or district campus as provided by this section completes the
220		-	highest grade level offered at the receiving campus, the ~~district~~
221		-	~~may require the student to~~ reapply to continue attending school in
222		-	~~the receiving~~ district. The district must prioritize admitting the
223		-	~~student as~~ provided by Subsection (d).
	159	+	highest grade level offered at the receiving campus, the student
	160	+	must reapply to continue attending school in the receiving
	161	+	district. The district must prioritize admitting the student as
	162	+	provided by Subsection (d).
224	163		(n) A school district may not deny admission to a student
225	164		who is currently enrolled in the district, including a student
226		-	enrolled as a transfer student at another campus in the district, or
227		-	a student who is not enrolled in the district but resides in the
228		-	district's attendance zone for the purpose of accepting a transfer
229		-	applicant under this section.
	165	+	enrolled as a transfer student at another campus in the district,
	166	+	for the purpose of accepting a transfer applicant under this
	167	+	section.
230	168		(o) A school district may not take any adverse action
231	169		against a student enrolled as a transfer student in the district
232	170		based on the fact that the district charged a tuition fee for the
233	171		student to attend school in the district for a previous school year
234	172		under former Section 25.038.
235	173		(p) In the case of a transfer under this section, a child's
236	174		school district [of residence] shall provide the receiving district
237	175		with the child's disciplinary record and any threat assessment
238	176		involving the child's behavior conducted under Section 37.115.
239	177		(q) The commissioner shall adopt rules necessary to
240	178		implement this section, including rules establishing:
241	179		(1) an admissions lottery, as described by Subsection
242	180		(c), and a waitlist as described by Subsection (e); and
243	181		(2) procedures to ensure this section complies with
244	182		state and federal law regarding confidentiality of student medical
245	183		or educational information, including the Health Insurance
246	184		Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
247	185		et seq.) and the Family Educational Rights and Privacy Act of 1974
248	186		(20 U.S.C. Section 1232g).
249		-	SECTION 6. Subchapter B, Chapter 25, Education Code, is
	187	+	SECTION 4. Subchapter B, Chapter 25, Education Code, is
250	188		amended by adding Sections 25.046 and 25.047 to read as follows:
251	189		Sec. 25.046. TRANSFER CAPACITY; DISTRICT POLICY. (a)
252		-	Except as provided by Subsection (c), before the beginning of each
253		-	semester, the board of trustees of a school district shall
254		-	determine the capacity of each district campus and the capacity of
255		-	each grade level offered at each campus. For purposes of this
256		-	section, the capacity of a district campus or a grade level at that
257		-	campus is the total number of students that may be admitted at the
258		-	campus or at that grade level, as applicable, less the students who
259		-	are currently enrolled at that campus or at that grade level, as
260		-	applicable. Based on the board's determination of campus or grade
261		-	level capacity and current student enrollment, the district shall
262		-	identify the number of available positions at each campus and for
263		-	each grade level. In determining campus and grade level capacity,
264		-	the district may consider the number of staff employed by the campus
265		-	and shall consult the most recent district facility plan,
266		-	including:
	190	+	Except as provided by Subsection (c), each year on the first day of
	191	+	January, April, July, and October, the board of trustees of a school
	192	+	district shall determine the capacity of each district campus and
	193	+	the capacity of each grade level offered at each campus. For
	194	+	purposes of this section, the capacity of a district campus or a
	195	+	grade level at that campus is the total number of students that may
	196	+	be admitted at the campus or at that grade level, as applicable,
	197	+	less the students who are currently enrolled at that campus or at
	198	+	that grade level, as applicable. Based on the board's
	199	+	determination of campus or grade level capacity and current student
	200	+	enrollment, the district shall identify the number of available
	201	+	positions at each campus and for each grade level. In determining
	202	+	campus and grade level capacity, the district shall consult the
	203	+	most recent district facility plan, including:
267	204		(1) a facility plan created as part of a district bond
268	205		proposal; or
269	206		(2) a long-range facility plan created as part of a
270	207		capital improvement project for which construction services are
271	208		procured under Chapter 2269, Government Code, in accordance with
272	209		Section 44.031(a)(5) of this code.
273	210		(b) The district shall post for each campus in the district
274	211		on the district's Internet website, if the district maintains a
275	212		website, the most recent determination of campus and grade level
276	213		capacity. If the district does not maintain a website, the district
277	214		shall make the information required under this subsection available
278	215		to the public at an administrative office of the district.
279	216		(c) A school district is not required to determine the
280	217		capacity of a new instructional facility, as defined by Section
281	218		48.152, in the first school year in which students attend the new
282	219		instructional facility.
283	220		(d) The board of trustees of a school district shall adopt a
284	221		written policy that meets the requirements adopted by the
285	222		commissioner under Subsection (f) for the admission of a transfer
286	223		applicant under this subchapter. The board shall make the policy
287	224		available to the public in the same manner the district makes
288	225		available a district's determination of campus and grade level
289		-	capacity under Subsection (b). The policy must:
290		-	(1) include the adoption of a transfer application
291		-	form;
292		-	(2) include the provision of the address of the
293		-	district administrative office where a person may access the
294		-	district's determination of campus and grade level capacity, if the
295		-	district does not maintain an Internet website;
296		-	(3) include the provision of information regarding
297		-	available options for transportation provided by the district or in
298		-	the community; and
299		-	(4) prioritize:
300		-	(A) flexibility of access for students;
301		-	(B) encouraging schools in the district to
302		-	accommodate student transfers; and
303		-	(C) preventing schools in the district from
304		-	discouraging student transfers.
	226	+	capacity under Subsection (b). The policy must include:
	227	+	(1) adoption of a transfer application form;
	228	+	(2) the provision of the address of the district
	229	+	administrative office where a person may access the district's
	230	+	determination of campus and grade level capacity, if the district
	231	+	does not maintain an Internet website; and
	232	+	(3) the provision of information regarding available
	233	+	options for transportation provided by the district or in the
	234	+	community.
305	235		(e) The agency shall post on the agency's Internet website
306	236		information regarding each school district's policy adopted under
307	237		this section and each district's campus or grade level capacity
308	238		determinations under Subsection (a).
309	239		(f) The commissioner shall adopt rules and prescribe
310	240		procedures necessary to implement this section, including by
311		-	developing model policies and forms for use by a school district in
312		-	complying with Subsection (d).
	241	+	developing required policies and forms for use by a school district
	242	+	in complying with Subsection (d). In adopting rules to implement
	243	+	this section, the commissioner shall consider feedback from
	244	+	districts and shall prioritize:
	245	+	(1) flexibility of access for students;
	246	+	(2) encouraging districts to accommodate student
	247	+	transfers; and
	248	+	(3) preventing districts from discouraging student
	249	+	transfers.
313	250		Sec. 25.047. REPORTING AND AUDIT REQUIREMENTS. (a)
314	251		Subject to Subsection (b), each school district shall annually
315	252		submit not later than the last Friday in October of each school year
316	253		a report to the agency regarding the transfer of students to and
317	254		from the district during the previous school year. The report must
318	255		include:
319		-	(1) for each district campus, the campus and ~~grade~~
320		-	level capacity determinations under Section 25.046;
	256	+	(1) for each district campus, the quarterly campus and
	257	+	grade level capacity determinations under Section 25.046;
321	258		(2) for each campus, the number of transfer
322	259		applications for transfers to that campus the district received,
323	260		the number of applications that were granted, and the number of
324	261		applications that were denied, including the reason for the denial,
325	262		during the preceding school year;
326	263		(3) the information described by Subdivisions (1) and
327	264		(2) aggregated for all campuses in the district; and
328	265		(4) for the purposes of demographic analysis, any
329	266		information required by the commissioner as necessary to identify
330	267		each student admitted to or denied admission to a campus in the
331	268		district who is or was previously enrolled in a public school in
332	269		this state.
333	270		(b) A school district with only one campus serving each
334	271		grade level is exempt from Subsection (a)(3).
335	272		(c) Not later than March 15 of each year, the agency shall
336	273		post on the agency's Internet website a report on the transfer and
337	274		assignment of students. The report must include:
338	275		(1) a summary of school district admission practices
339	276		relating to student transfer admissions;
340	277		(2) for the state, the aggregated data reported under
341	278		Subsection (a);
342	279		(3) for each district, the aggregated data reported
343	280		under Subsection (a);
344	281		(4) a demographic analysis of the students
345	282		transferring districts;
346	283		(5) a demographic analysis of the students
347	284		transferring between campuses within the same district;
348	285		(6) for each district, the number of transfer
349	286		applicants seeking admission or withdrawal, showing the potential
350	287		net change in enrollment; and
351	288		(7) for each district, the actual number of students
352	289		who transferred into or out of the district, showing the actual net
353	290		change in enrollment.
354	291		(d) Every sixth year, the agency shall publish a study of
355	292		statewide transfer trends that includes:
356	293		(1) the total number of students transferring
357	294		districts and of students transferring between campuses within the
358	295		same district;
359	296		(2) using data from the previous six school years, an
360	297		analysis at the state and district level of changes in:
361	298		(A) the number of school districts and campuses
362	299		admitting transfer students;
363	300		(B) the number of students transferring
364	301		districts; and
365	302		(C) the number of students transferring between
366	303		campuses within the same district;
367	304		(3) a demographic analysis of the students
368	305		transferring districts and of the students transferring between
369	306		campuses within the same district;
370	307		(4) using data from the previous six school years, an
371	308		analysis of the patterns of student movement between districts and
372	309		campuses, including a description of any characteristics that are
373	310		correlated with students transferring to or away from districts or
374	311		schools;
375	312		(5) a summary of district practices regarding
376	313		transportation of transfer students;
377	314		(6) an explanation of the reasons students choose to
378	315		transfer districts or campuses and the barriers faced by students
379	316		in transferring districts or campuses;
380	317		(7) an explanation of the challenges restricting
381	318		school districts from admitting more transfer students;
382	319		(8) performance outcomes for inter- and
383	320		intra-district transfer students, including changes in student
384	321		proficiency after the date of transfer; and
385	322		(9) the effects of inter-district transfers on student
386	323		performance outcomes and district program offerings for both
387	324		sending and receiving districts.
388	325		(e) Each year, the agency shall randomly select 10 percent
389	326		of the school districts in the state and conduct an audit of each
390	327		district's capacity determination under Section 25.046 and of each
391	328		district's approved and denied transfer applications. If the
392	329		agency finds inaccurate reporting of capacity levels by a school
393	330		district, the agency shall set the capacity for the school
394	331		district. Districts audited during the previous two school years
395	332		may not be selected for audit in a school year.
396	333		(f) The commissioner shall adopt rules necessary to
397	334		implement this section.
398		-	SECTION 7. The following provisions of the Education Code
	335	+	SECTION 5. The following provisions of the Education Code
399	336		are repealed:
400	337		(1) Section 25.038;
401	338		(2) Sections 25.039(b) and (c); and
402	339		(3) Section 48.154.
403		-	SECTION 8. The changes in law made by this Act may not be
404		-	interpreted to affect the Interstate Compact on Educational
405		-	Opportunity for Military Children executed under Section 162.002,
406		-	Education Code.
407		-	SECTION 9. The changes in law made by this Act may not be
	340	+	SECTION 6. The changes in law made by this Act may not be
408	341		interpreted to affect the authority or existing rules of the
409	342		University Interscholastic League regarding the participation of a
410	343		student in an interscholastic competition.
411		-	SECTION 10. Section 12A.004(a), Education Code, as amended
412		-	by this Act, applies to each local innovation plan adopted under
413		-	Chapter 12A, Education Code, regardless of whether the plan was
414		-	adopted before, on, or after the effective date of this Act. A
415		-	local innovation plan adopted or renewed before the effective date
416		-	of this Act must comply with Section 12A.004(a), Education Code, as
417		-	amended by this Act, not later than September 1, 2025.
418		-	SECTION 11. Notwithstanding any other provision of this
419		-	Act, a student accepted for transfer to a school district for the
	344	+	SECTION 7. Notwithstanding any other provision of this Act,
	345	+	a student accepted for transfer to a school district for the
420	346		2025-2026 school year under Section 25.035 or 25.036, Education
421	347		Code, on a date occurring before the effective date of this Act is
422	348		entitled to transfer to the district for that school year in the
423	349		same manner as any other student accepted for transfer to the
424	350		district for that school year on a date occurring on or after the
425	351		effective date of this Act.
426		-	SECTION 12. Not later than September 1, 2031, the Texas
	352	+	SECTION 8. Not later than September 1, 2031, the Texas
427	353		Education Agency shall publish the first study of statewide
428	354		transfer trends required under Section 25.047, Education Code, as
429	355		added by this Act.
430		-	SECTION 13. This Act applies beginning with the 2025-2026
	356	+	SECTION 9. This Act applies beginning with the 2025-2026
431	357		school year.
432		-	SECTION 14. This Act takes effect immediately if it
	358	+	SECTION 10. This Act takes effect immediately if it
433	359		receives a vote of two-thirds of all the members elected to each
434	360		house, as provided by Section 39, Article III, Texas Constitution.
435	361		If this Act does not receive the vote necessary for immediate
436	362		effect, this Act takes effect September 1, 2025.
	363	+	* * * * *