80R18493 E

By: Paxton, Zedler, Delisi H.B. No. 3868

Substitute the following for H.B. No. 3868:

By: Delisi C.S.H.B. No. 3868

A BILL TO BE ENTITLED

AN ACT

relating to the public education grant program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.201, Education Code, is amended to read as follows:

Sec. 29.201. PARENTAL CHOICE; DEFINITION. (a) Notwithstanding any other provision of this code, as provided by this subchapter an eligible student may attend a public school in the district in which the student resides or may use a public education grant to attend any other district chosen by the student's parent.

(b) A parent may designate and rank in order of preference three campuses with available capacity in the school district chosen by the parent under Subsection (a).

(c) In this subchapter, "parent" includes a guardian or other person having lawful control of a student.

SECTION 2. Section 29.203, Education Code, is amended by adding Subsections (c-1), (c-2), (c-3), (c-4), and (d-1) and amending Subsection (d) to read as follows:

(c-1) Not later than August 1 of each year, each school district, based on the most recent information available, shall report to the commissioner the status of the district's student enrollment capacity for the following school year. The district must provide the student enrollment information by grade level for each campus in the district. For purposes of this subsection, maximum student enrollment capacity is calculated as follows:

(1) for kindergarten through fourth grade, the number of teachers for each grade level multiplied by 22;

(2) for fifth through eighth grade, the number of teachers for each grade level multiplied by 25; and

(3) for ninth through 12th grade, the number of teachers for each grade level multiplied by 30.

(c-2) In calculating maximum student enrollment capacity under Subsection (c-1), a school district shall exclude each class composed predominantly of students receiving special education services under Subchapter A.

(c-3) The commissioner by rule shall establish a method for calculating the maximum student enrollment capacity for classes composed predominantly of students receiving special education services under Subchapter A.

(c-4) In lieu of calculating maximum student enrollment capacity as provided by Subsection (c-1), a school district may calculate maximum student enrollment capacity in compliance with a method determined by the district if:

(1) the district submits to the agency an explanation of the method the district proposes to use under this subsection; and

(2) the agency approves the use of that method.

(d) A school district chosen by a student's parent under Section 29.201 may not [is entitled to accept or] reject the application for the student to attend school in that district unless the district's student enrollment for the grade level in which the student will be enrolled exceeds the maximum student enrollment capacity for that grade level as determined under Subsection (c-1) or (c-4), if applicable. The district shall accept the application for the student to attend the campus to which the student's parent gave the highest ranking under Section 29.201(b) and at which the student enrollment for the grade level in which the student will be enrolled does not exceed the maximum student enrollment capacity for that grade level. If, at each campus designated by the student's parent, the student enrollment capacity for the grade level in which the student will be enrolled exceeds the maximum student enrollment capacity for that grade level but, at one or more other campuses in the district the student enrollment for the applicable grade level does not exceed the maximum student enrollment capacity for that grade level, the district shall accept the application for the student to attend one of those district campuses, as determined by the district.

(d-1) A school district [but] may not reject an applicant for attendance under this subchapter using [use] criteria that discriminate on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. A school district that has more [acceptable] applicants for attendance under this subchapter than available positions must give priority to students at risk of dropping out of school as defined by Section 29.081 and must fill the available positions by lottery. However, to achieve continuity in education, a school district may give preference over at-risk students to enrolled students and to the siblings of enrolled students residing in the same household or other children residing in the same household as enrolled students for the convenience of parents[, guardians, or custodians] of those children.

SECTION 3. Section 29.204, Education Code, is amended to read as follows:

Sec. 29.204. NOTIFICATION. (a) Not later than November [January] 1 of each year the commissioner shall, based on the accountability ratings for the preceding school year [most recent information available], provide notice to each school district in which a campus described by Section 29.202 is located that:

(1) identifies each campus in the district that meets the description in Section 29.202; and

(2) informs the district that the district must comply with Subsection (b).

(b) Not later than September [February] 1 of each year, a school district that does not appeal the district's accountability rating as provided by Section 39.301 shall notify the parent of each student in the district assigned to attend a campus described by Section 29.202 that the student is eligible for a public education grant. A district that appeals the district's accountability rating as provided by Section 39.301 shall, not later than December 1 of each year, notify the parent of each student as provided by this subsection. The notice must contain a clear, concise explanation of the public education grant program and of the manner in which the parent may obtain further information about the program.

(c) Not later than the seventh day after the date a school district receives an application for a transfer under this subchapter or August 15, whichever date is later, the district shall notify the parent of the student who applied for the transfer:

(1) whether the application is accepted or rejected; and

(2) if the application is accepted, the campus at which the student is accepted.

(d) Not later than October 1 of each year, each school district shall provide a report to the district board of trustees and the agency that includes:

(1) the number of transfers into the district requested under this subchapter; and

(2) if applicable, the reason for rejecting each transfer.

SECTION 4. Subchapter G, Chapter 29, Education Code, as amended by this Act, applies beginning with the 2007-2008 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, 2007.