HB3998 - Relating to the capacity and usage of school district facilities and the transfer of students between school districts.

  89R13795 MM-F     By: Schoolcraft H.B. No. 3998       A BILL TO BE ENTITLED   AN ACT   relating to the capacity and usage of school district facilities   and the transfer of students between school districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 7, Education Code, is   amended by adding Section 7.0611 to read as follows:           Sec.   7.0611.     FACILITY USAGE REPORT. (a) In this section,   "instructional facility" has the meaning assigned by Section   46.001.           (b)     The agency by rule shall require each school district to   annually report the following information in the form and manner   prescribed by the agency:                 (1)     the square footage of each district facility and   the acreage of land on which each facility sits;                 (2)     the total student capacity for each instructional   facility on a district campus;                 (3)  for each district campus:                       (A)  the enrollment capacity; and                       (B)  the number of students currently enrolled;                 (4)     whether a district facility is used by one or more   campuses and the campus identifier of each campus that uses the   facility;                 (5)     what each district facility is used for,   including:                       (A)  an instructional facility;                       (B)  a career and technology center;                       (C)  an administrative building;                       (D)  a food service facility; and                       (E)  a transportation facility;                 (6)     whether the district has vacant land and the   acreage of that land; and                 (7)  whether each district facility is leased or owned.           (c)     From the information submitted under Subsection (b),   the agency shall produce and make available to the public on the   agency's Internet website an annual report on school district land   and facilities.   The agency may combine the report required under   this section with any other required report to avoid multiplicity   of reports.           (d)     If the agency determines information provided under   Subsection (b) would create a security risk, that information is   considered confidential for purposes of Chapter 552, Government   Code, and may not be disclosed in the annual report under Subsection   (c).           (e)     The commissioner may adopt rules as necessary to   implement this section.          SECTION 2.  Section 25.001(h), Education Code, is amended 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.          SECTION 3.  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 for in-person instruction  annually from the child's   school district of residence to another district in this state [ 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)  A transfer application [ agreement ] under this section   shall be filed and preserved as a receiving district record for   audit purposes of the agency.          (c)   A school district may deny approval of a transfer under   this section only if:                 (1)     the district or a school in the district to which a   student seeks to transfer is at full student capacity or has more   requests for transfers than available positions after the district   has filled available positions in accordance with Subsection (e)   and has satisfied the requirement provided under Subsection (f);                 (2)     before the application deadline for the applicable   school year, the district adopted a policy that provides for the   exclusion of a student who has a documented history of a criminal   offense, a juvenile court adjudication, or discipline problems   under Subchapter A, Chapter 37, and the student meets the   conditions for exclusion under the policy; or                 (3)     approving the transfer would supersede a   court-ordered desegregation plan.           (d)     For the purpose of determining whether a school in a   school district is at full student capacity under Subsection   (c)(1), the district may not consider equity as a factor in the   district's decision-making process.           (e)     A school district that has more applicants for transfer   under this section than available positions must fill the available   positions by lottery and must give priority to applicants in the   following order:                 (1)  students who:                       (A)     do not reside in the district but were   enrolled in the district in the preceding school year; or                       (B)     are dependents of an employee of the   receiving district; and                 (2)  students:                       (A)     receiving special education services under   Subchapter A, Chapter 29;                       (B)  who are dependents of military personnel;                       (C)     who are dependents of law enforcement   personnel;                       (D)  in foster care;                       (E)     who are the subject of court-ordered   modification of an order establishing conservatorship or   possession and access; or                       (F)     who are siblings of a student who is enrolled   in the receiving district at the time the student seeks to transfer.           (f)     A school district may deny approval of a transfer under   Subsection (c)(1) only if the district annually submits the   information regarding student capacity and facility usage by campus   required under Section 7.0611.           (g)     Unless otherwise required by law, a receiving school   district may, but is not required to, provide transportation to a   student who transfers to the receiving district under this section.           (h)     A receiving school district may revoke, at any time   during the school year, the approval of the student's transfer only   if:                 (1)  the student engages in conduct:                       (A)     for which a student is required or permitted   to be removed from class and placed in a disciplinary alternative   education program under Section 37.006; or                       (B)     for which a student is required or permitted   to be expelled from school under Section 37.007; and                 (2)     before revoking approval of the student's   transfer, the district:                       (A)     ensures the student is afforded appropriate   due process and complies with any requirements of state law or   district policy relating to the expulsion of a student to the same   extent as if the student were being expelled under Section 37.007;   and                       (B)     if the student is a child with a disability   under the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.), or the district suspects or has a reason to   suspect that the student may be a child with a disability, complies   with all federal and state requirements regarding revoking the   approval of the student's transfer.           (i)   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 4.  Section 25.038, Education Code, is amended to   read as follows:          Sec. 25.038.  TUITION FEE FOR TRANSFER STUDENTS PAID BY   SCHOOL DISTRICT .   (a) Except as provided by Subsection (b), a   [ The ] receiving school district may charge a tuition fee to another   school district, if the receiving district has contracted with the   other district to educate the other district's students, to the   extent that the district's actual expenditure per student in   average daily attendance, as determined by its board of trustees,   exceeds the sum the district benefits from state aid sources as   provided by Section 25.037.  However, unless a tuition fee is   prescribed and set out in a transfer agreement before its execution   by the parties, an increase in tuition charge may not be made for   the year of that transfer that exceeds the tuition charge, if any,   of the preceding school year.           (b)     A school district may not charge a tuition fee under   this section for a student transfer authorized under Section   25.036.          SECTION 5.  Subchapter B, Chapter 25, Education Code, is   amended by adding Section 25.048 to read as follows:           Sec.   25.048.     LIMITATION ON DENYING TRANSFER. A school   district may deny approval of a student's transfer on the basis of a   lack of capacity only if the district has reported capacity and   facility usage in [Text truncated for display. Full text available on Congress.gov.]