87R5720 KJE-D
 
  By: Dominguez H.B. No. 2391
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of weighted lotteries for student admission to
  public schools or for student transfers within a school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.117, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  An open-enrollment charter school that fills
  available positions by lottery under Subsection (a)(2)(A) may use a
  weighted lottery that assigns weights to applicants so that an
  applicant's probability of admission increases if the applicant is:
               (1)  eligible to participate in the school's special
  education program under Section 29.003;
               (2)  a student of limited English proficiency, as
  defined by Section 29.052; or
               (3)  educationally disadvantaged.
         SECTION 2.  Section 25.001, Education Code, is amended by
  adding Subsection (k) to read as follows:
         (k)  If a school district elects to admit students not
  described by Subsection (b) into the district's schools by lottery,
  the district may use a weighted lottery that assigns weights to
  applicants so that an applicant's probability of admission
  increases if the applicant is:
               (1)  eligible to participate in the school's special
  education program under Section 29.003;
               (2)  a student of limited English proficiency, as
  defined by Section 29.052; or
               (3)  educationally disadvantaged.
         SECTION 3.  Subchapter B, Chapter 25, Education Code, is
  amended by adding Section 25.0311 to read as follows:
         Sec. 25.0311.  TRANSFER WITHIN DISTRICT BY LOTTERY. If the
  board of trustees of a school district elects to allow a student
  enrolled in the district to transfer from the student's assigned
  campus to another campus in the district by lottery, the board may
  use a weighted lottery that assigns weights to applicants so that an
  applicant's probability of receiving the transfer increases if the
  applicant is:
               (1)  eligible to participate in the school's special
  education program under Section 29.003;
               (2)  a student of limited English proficiency, as
  defined by Section 29.052; or
               (3)  educationally disadvantaged.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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 September 1, 2021.