By: Paxton H.B. No. 3868

A BILL TO BE ENTITLED

AN ACT

relating to eligibility for the Public Education Grant.

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

SECTION 1. Amend Chapter 22.203, Education Code, by adding Subsection D-1 and amending Subsection D as follows:

Sec. 29.203. FINANCING.

(d-1) No later than June 1 of each year, each district must report its student enrollment capacity for the next school year, by grade level for each campus, to the Commissioner of Education.

[(d)] (d-2) A school district chosen by a student's parent under Section 29.201 is entitled to [accept or] reject the application for the student to attend school in that district only if the declared capacity in Subsection D-1 has been reached. The district [grade level and campus enrollment is equal to or greater but] may not 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 2. 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.