HB2396 - Relating to the transfer of students between public schools.

  89R11509 KJE-F     By: Dutton H.B. No. 2396       A BILL TO BE ENTITLED   AN ACT   relating to the transfer of students between public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.001, Education Code, is amended by   amending Subsection (h) and adding Subsection (k) to read as   follows:          (h)  In addition to the penalty provided by Section 37.10,   Penal Code, a person who knowingly falsifies information on a form   required for enrollment of a student in a school district is liable   to the district if the student is not eligible for enrollment in the   district but is enrolled on the basis of the false information.  The   person is liable, for the period during which the ineligible   student is enrolled, for [ the greater of:                [ (1)     the maximum tuition fee the district may charge   under Section 25.038; or                [ (2) ]  the amount the district has budgeted for each   student as maintenance and operating expenses.           (k)     Notwithstanding any other law, a school district shall   allow a student who qualifies for admission under this subchapter   to enroll at the campus nearest to the student's residence offering   the appropriate grade level, regardless of whether the student   resides in the attendance zone of that district or campus and   provided that the campus has capacity, as determined under Section   25.046.          SECTION 2.  Section 25.036, Education Code, is amended to   read as follows:          Sec. 25.036.  TRANSFER OF STUDENT.  (a)  Any child, other   than a high school graduate, who is younger than 21 years of age and   eligible for enrollment on September 1 of any school year may apply   to transfer [ annually ] from the child's school district [ of   residence ] to any public school [ another district ] in this state   that offers the appropriate grade level and has capacity, as   determined under Section 25.046 [ if both the receiving district and   the applicant parent or guardian or person having lawful control of   the child jointly approve and timely agree in writing to the   transfer ].          (b)   Before the beginning of each school year, a school   district shall:                 (1)     require a transfer applicant under Subsection (a)   to complete and submit the district's transfer application form by   a reasonable deadline established by the district; and                 (2)     admit each eligible transfer applicant until   enrollment at the campus reaches capacity, as determined under   Section 25.046.           (c)     If a school district receives more eligible transfer   applications for a district campus or a specific grade level at a   district campus than the district has capacity for at that campus or   in that grade level, as determined under Section 25.046, the   district shall fill the available positions by lottery.   A school   district shall offer to a student who the district does not enroll   due to lack of capacity an available position, if any, in the   appropriate grade level at another district campus.           (d)     A school district that must fill positions by lottery   under Subsection (c) shall, in developing the lottery system,   ensure priority is given to an applicant who:                 (1)  resides in the district;                 (2)     is enrolled as a transfer student in the district   at another campus but has completed the highest grade level offered   at that campus;                 (3)     is a sibling of a student currently enrolled at a   district campus;                 (4)     is applying to transfer to a campus that is the   campus geographically nearest to the student's residence that   offers the appropriate grade level, regardless of whether the   student resides in the attendance zone of that campus;                 (5)     receives special education services under   Subchapter A, Chapter 29;                 (6)  is in foster care; or                 (7)     is a dependent of a person who is employed at the   campus to which the student is applying to transfer.           (e)     A school district that receives more eligible transfer   applications for a district campus or a specific grade level at a   district campus than the district may enroll at the capacity   determined under Section 25.046 for that campus or grade level   shall establish and maintain a waiting list for transfer applicants   who are not admitted.           (f)     If a position at a school district campus with a   waitlist under Subsection (e) becomes available after the start of   the school year, the district shall first admit transfer applicants   according to that waitlist and then admit any additional transfer   applicants in the order in which those additional transfer   applications are received.           (g)     A school district may not deny a student's transfer   application unless:                 (1)     the requested district or campus is determined to   be at capacity under Section 25.046; or                 (2)     the student requesting the transfer is, at the   time of the application:                       (A)     expelled or suspended from the student's   school;                       (B)     placed in a disciplinary alternative   education program or juvenile justice alternative education   program; or                       (C)     subject to an ongoing disciplinary   proceeding under a district's student code of conduct adopted under   Section 37.001 that may lead to the student's:                             (i)  out-of-school suspension;                             (ii)     placement in a disciplinary   alternative education program or juvenile justice alternative   education program; or                             (iii)  expulsion.           (h)     Notwithstanding any other law, a transfer applicant   under this section may only appeal a denial of the applicant's   transfer application as provided by this subsection.   The parent of   or person standing in parental relation to a student may appeal a   denial of the student's transfer application by submitting the   appeal not later than the 10th day after the date of notification of   the application denial to the board of trustees of the receiving   school district.   The receiving school district must consider the   appeal at the board's next regularly scheduled meeting and notify   the parent of the board's decision not later than the 10th day after   the date of that meeting. If the receiving school district board of   trustees denies the appeal, the parent of or person standing in   parental relation to the student may appeal that denial by   submitting the appeal to the commissioner not later than the 10th   day after the date of notification of the board's denial of the   appeal.   The commissioner must provide a decision regarding an   appeal received under this subsection not later than the 90th day   after the date the commissioner receives notice of the appeal.   The   commissioner must allow the appealing person and a representative   from the receiving school district to provide comment to the   commissioner regarding the appeal.   An appeal under this subsection   must be submitted on a form approved by the commissioner.             (i)     A student who transfers to another school district or   district campus as provided by this section may remain at the   receiving campus until that student completes the highest grade   level offered at the campus.           (j)     Once a student who transfers to another school district   or district campus as provided by this section completes the   highest grade level offered at the receiving campus, the student   must reapply to continue attending school in the receiving   district.   The district must prioritize admitting the student as   provided by Subsection (d).           (k)     A school district may not deny admission to a student   who resides in the attendance zone of the district, including a   student who attends an open-enrollment charter school in the   district, for the purpose of accepting a transfer applicant under   this section.           (l)     A school district campus that uses a selective   admissions process in accordance with a specific instructional   model or performing arts focus may retain that selective admissions   process if the admissions process prohibits discrimination on the   basis of a student's:                 (1)     sex, national origin, ethnicity, religion,   disability, socioeconomic status, or athletic ability;                 (2)     disciplinary record, except as permitted under   Subsection (g); or                 (3)     assigned school district or district campus based   on the attendance zone of the student's residence.           (m)     The commissioner shall adopt rules necessary to   implement this section, including rules establishing:                 (1)     an admissions lottery, as described by Subsection   (c), and a waitlist as described by Subsection (e);                 (2)     procedures to ensure that selective admissions   processes at applicable open-enrollment district campuses comply   with Subsection (l); and                   (3)     procedures to ensure this section complies with   state and federal law regarding confidentiality of student medical   or educational information, including the Health Insurance   Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d   et seq.) and the Family Educational Rights and Privacy Act of 1974   (20 U.S.C. Section 1232g).           (n)   [ A transfer agreement under this section shall be filed   and preserved as a receiving district record for audit purposes of   the agency.          [ (c) ]  In the case of a transfer under this section, a   child's school district of residence shall provide the receiving   district with the child's disciplinary record and any threat   assessment involving the child's behavior conducted under Section   37.115.          SECTION 3.  Subchapter B, Chapter 25, Education Code, is   amended by adding Sections 25.046 and 25.047 to read as follows:           Sec.   25.046.     TRANSFER CAPACITY; DISTRICT POLICY.   (a)     Except as provided by Subsection (c), each year on the first day of   January, April, July, and October, the board of trustees of a school   district shall determine the capacity of each district campus and   the capacity of each grade level offered at each campus. For   purposes of this section, the capacity of a district campus or a   grade level at that campus is the total number of students that may   be admitted at the campus or at that grade level, as applicable,   less the students who are currently enrolled at that campus or at   that grade level, as appli [Text truncated for display. Full text available on Congress.gov.]