Bill Text: TX SB29 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the transfer of students between public schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [SB29 Detail]
Download: Texas-2023-SB29-Introduced.html
| By: Paxton | S.B. No. 29 | |
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| 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(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 [ |
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| student as maintenance and operating expenses. | ||
| SECTION 2. Section 25.035, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The | ||
| boards of trustees of two or more [ |
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| the boards of county school trustees of two or more [ |
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| counties may, [ |
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| 25.032, 25.033, and 25.034, arrange for the transfer and assignment | ||
| of any student from the jurisdiction of one board to that of | ||
| another. [ |
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| 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 [ |
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| that offers the appropriate grade level and has capacity, as | ||
| determined under Section 25.046 [ |
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| (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) subject to Subsection (g), 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 applicants in the following order: | ||
| (1) students residing in the receiving district; | ||
| (2) students enrolled as transfer students at another | ||
| campus in the receiving district; | ||
| (3) students who are dependents of an employee of the | ||
| receiving district; | ||
| (4) students receiving special education services | ||
| under Subchapter A, Chapter 29; | ||
| (5) students who are dependents of military personnel; | ||
| (6) students who are dependents of law enforcement | ||
| personnel; | ||
| (7) students in foster care; | ||
| (8) students who are the subject of court-ordered | ||
| modification of an order establishing conservatorship or | ||
| possession and access; and | ||
| (9) students who are siblings of a student who is | ||
| enrolled in the receiving district at the time the student seeks 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 waitlist 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 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; | ||
| (2) at the time a student seeks to transfer: | ||
| (A) the student is: | ||
| (i) suspended or expelled by the district | ||
| in which the student is enrolled; or | ||
| (ii) placed in a disciplinary alternative | ||
| education program or a juvenile justice alternative education | ||
| program; or | ||
| (B) disciplinary proceedings are pending against | ||
| the student in the district in which the student is enrolled for | ||
| conduct for which the student: | ||
| (i) may be placed in out-of-school | ||
| suspension in accordance with the district's student code of | ||
| conduct; | ||
| (ii) is required or permitted to be removed | ||
| from class and placed in a disciplinary alternative education | ||
| program under Section 37.006; or | ||
| (iii) is required or permitted to be | ||
| expelled under Section 37.007; or | ||
| (3) approving the transfer would supersede a | ||
| court-ordered desegregation plan. | ||
| (h) A school district that denies approval of a transfer | ||
| under this section shall inform the applicant in writing of the | ||
| reason for denying approval of the applicant's transfer. | ||
| (i) A student who transfers to another school district under | ||
| this section may not be charged tuition. The student is included in | ||
| the average daily attendance of the district to which the student | ||
| transfers, beginning on the date the student begins attending | ||
| classes at that district. | ||
| (j) A receiving school district may, but is not required to, | ||
| provide transportation to a student who transfers to the receiving | ||
| district under this section. | ||
| (k) A receiving school district may revoke, at any time | ||
| during the school year, the approval of the student's transfer if | ||
| the student: | ||
| (1) fails to comply with a condition specified in the | ||
| agreement that is: | ||
| (A) a condition specified in the student code of | ||
| conduct under Section 37.001(a)(2); | ||
| (B) a circumstance specified in the student code | ||
| of conduct under Section 37.001(a)(3) that may result in | ||
| out-of-school suspension; | ||
| (C) conduct 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 | ||
| (D) conduct for which a student is required or | ||
| permitted to be expelled from school under Section 37.007; or | ||
| (2) fails to maintain a specified school attendance | ||
| rate. | ||
| (l) 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. | ||
| (m) 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). | ||
| (n) A school district may not deny admission to a student | ||
| who is currently enrolled in the district, including a student | ||
| enrolled as a transfer student at another campus in the district, | ||
| for the purpose of accepting a transfer applicant under this | ||
| section. | ||
| (o) A school district may not take any adverse action | ||
| against a student enrolled as a transfer student in the district | ||
| based on the fact that the district charged a tuition fee for the | ||
| student to attend school in the district for a previous school year | ||
| under former Section 25.038. | ||
| (p) 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); and | ||
| (2) 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). [ |
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| SECTION 4. 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 applicable. Based on the board's | ||
| determination of campus or grade level capacity and current student | ||
| enrollment, the district shall identify the number of available | ||
| positions at each campus and for each grade level. In determining | ||
| campus and grade level capacity, the district shall consult the | ||
| most recent district facility plan, including: | ||
| (1) a facility plan created as part of a district bond | ||
| proposal; or | ||
| (2) a long-range facility plan created as part of a | ||
| capital improvement project for which construction services are | ||
| procured under Chapter 2269, Government Code, in accordance with | ||
| Section 44.031(a)(5) of this code. | ||
| (b) The district shall post for each campus in the district | ||
| on the district's Internet website, if the district maintains a | ||
| website, the most recent determination of campus and grade level | ||
| capacity. If the district does not maintain a website, the district | ||
| shall make the information required under this subsection available | ||
| to the public at an administrative office of the district. | ||
| (c) A school district is not required to determine the | ||
| capacity of a new instructional facility, as defined by Section | ||
| 48.152, in the first school year in which students attend the new | ||
| instructional facility. | ||
| (d) The board of trustees of a school district shall adopt a | ||
| written policy that meets the requirements adopted by the | ||
| commissioner under Subsection (f) for the admission of a transfer | ||
| applicant under this subchapter. The board shall make the policy | ||
| available to the public in the same manner the district makes | ||
| available a district's determination of campus and grade level | ||
| capacity under Subsection (b). The policy must include: | ||
| (1) adoption of a transfer application form; | ||
| (2) the provision of the address of the district | ||
| administrative office where a person may access the district's | ||
| determination of campus and grade level capacity, if the district | ||
| does not maintain an Internet website; and | ||
| (3) the provision of information regarding available | ||
| options for transportation provided by the district or in the | ||
| community. | ||
| (e) The agency shall post on the agency's Internet website | ||
| information regarding each school district's policy adopted under | ||
| this section and each district's campus or grade level capacity | ||
| determinations under Subsection (a). | ||
| (f) The commissioner shall adopt rules and prescribe | ||
| procedures necessary to implement this section, including by | ||
| developing required policies and forms for use by a school district | ||
| in complying with Subsection (d). In adopting rules to implement | ||
| this section, the commissioner shall consider feedback from | ||
| districts and shall prioritize: | ||
| (1) flexibility of access for students; | ||
| (2) encouraging districts to accommodate student | ||
| transfers; and | ||
| (3) preventing districts from discouraging student | ||
| transfers. | ||
| Sec. 25.047. REPORTING AND AUDIT REQUIREMENTS. (a) | ||
| Subject to Subsection (b), each school district shall annually | ||
| submit not later than the last Friday in October of each school year | ||
| a report to the agency regarding the transfer of students to and | ||
| from the district during the previous school year. The report must | ||
| include: | ||
| (1) for each district campus, the quarterly campus and | ||
| grade level capacity determinations under Section 25.046; | ||
| (2) for each campus, the number of transfer | ||
| applications for transfers to that campus the district received, | ||
| the number of applications that were granted, and the number of | ||
| applications that were denied, including the reason for the denial, | ||
| during the preceding school year; | ||
| (3) the information described by Subdivisions (1) and | ||
| (2) aggregated for all campuses in the district; and | ||
| (4) for the purposes of demographic analysis, any | ||
| information required by the commissioner as necessary to identify | ||
| each student admitted to or denied admission to a campus in the | ||
| district who is or was previously enrolled in a public school in | ||
| this state. | ||
| (b) A school district with only one campus serving each | ||
| grade level is exempt from Subsection (a)(3). | ||
| (c) Not later than March 15 of each year, the agency shall | ||
| post on the agency's Internet website a report on the transfer and | ||
| assignment of students. The report must include: | ||
| (1) a summary of school district admission practices | ||
| relating to student transfer admissions; | ||
| (2) for the state, the aggregated data reported under | ||
| Subsection (a); | ||
| (3) for each district, the aggregated data reported | ||
| under Subsection (a); | ||
| (4) a demographic analysis of the students | ||
| transferring districts; | ||
| (5) a demographic analysis of the students | ||
| transferring between campuses within the same district; | ||
| (6) for each district, the number of transfer | ||
| applicants seeking admission or withdrawal, showing the potential | ||
| net change in enrollment; and | ||
| (7) for each district, the actual number of students | ||
| who transferred into or out of the district, showing the actual net | ||
| change in enrollment. | ||
| (d) Every sixth year, the agency shall publish a study of | ||
| statewide transfer trends that includes: | ||
| (1) the total number of students transferring | ||
| districts and of students transferring between campuses within the | ||
| same district; | ||
| (2) using data from the previous six school years, an | ||
| analysis at the state and district level of changes in: | ||
| (A) the number of school districts and campuses | ||
| admitting transfer students; | ||
| (B) the number of students transferring | ||
| districts; and | ||
| (C) the number of students transferring between | ||
| campuses within the same district; | ||
| (3) a demographic analysis of the students | ||
| transferring districts and of the students transferring between | ||
| campuses within the same district; | ||
| (4) using data from the previous six school years, an | ||
| analysis of the patterns of student movement between districts and | ||
| campuses, including a description of any characteristics that are | ||
| correlated with students transferring to or away from districts or | ||
| schools; | ||
| (5) a summary of district practices regarding | ||
| transportation of transfer students; | ||
| (6) an explanation of the reasons students choose to | ||
| transfer districts or campuses and the barriers faced by students | ||
| in transferring districts or campuses; | ||
| (7) an explanation of the challenges restricting | ||
| school districts from admitting more transfer students; | ||
| (8) performance outcomes for inter- and | ||
| intra-district transfer students, including changes in student | ||
| proficiency after the date of transfer; and | ||
| (9) the effects of inter-district transfers on student | ||
| performance outcomes and district program offerings for both | ||
| sending and receiving districts. | ||
| (e) Each year, the agency shall randomly select 10 percent | ||
| of the school districts in the state and conduct an audit of each | ||
| district's capacity determination under Section 25.046 and of each | ||
| district's approved and denied transfer applications. If the | ||
| agency finds inaccurate reporting of capacity levels by a school | ||
| district, the agency shall set the capacity for the school | ||
| district. Districts audited during the previous two school years | ||
| may not be selected for audit in a school year. | ||
| (f) The commissioner shall adopt rules necessary to | ||
| implement this section. | ||
| SECTION 5. The following provisions of the Education Code | ||
| are repealed: | ||
| (1) Section 25.038; | ||
| (2) Sections 25.039(b) and (c); and | ||
| (3) Section 48.154. | ||
| SECTION 6. The changes in law made by this Act may not be | ||
| interpreted to affect the authority or existing rules of the | ||
| University Interscholastic League regarding the participation of a | ||
| student in an interscholastic competition. | ||
| SECTION 7. Notwithstanding any other provision of this Act, | ||
| a student accepted for transfer to a school district for the | ||
| 2023-2024 school year under Section 25.035 or 25.036, Education | ||
| Code, on a date occurring before the effective date of this Act is | ||
| entitled to transfer to the district for that school year in the | ||
| same manner as any other student accepted for transfer to the | ||
| district for that school year on a date occurring on or after the | ||
| effective date of this Act. | ||
| SECTION 8. Not later than September 1, 2029, the Texas | ||
| Education Agency shall publish the first study of statewide | ||
| transfer trends required under Section 25.047, Education Code, as | ||
| added by this Act. | ||
| SECTION 9. This Act applies beginning with the 2024-2025 | ||
| school year. | ||
| SECTION 10. This Act takes effect immediately if it | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for immediate | ||
| effect, this Act takes effect on the 91st day after the last day of | ||
| the legislative session. | ||
