By: Rodriguez of Travis H.B. No. 2980

A BILL TO BE ENTITLED

AN ACT

relating to student transfers and to the maintenance and dissemination of certain school-related information.

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

SECTION 1. Section 8.051, Education Code, is amended by adding Subsection (e) to read as follows:

(e) Each regional education service center shall:

(1) gather, consolidate, and submit to the agency or appropriate third-party contractor the information specified by Section 25.0012(c) for its region, in the manner and format designated by the agency or third-party contractor; and

(2) provide additional campus information and enrollment facilitation services as directed by the commissioner.

SECTION 2. Subchapter A, Chapter 25, Education Code, is amended by adding Section 25.0012 to read as follows:

Sec. 25.0012. SCHOOL AVAILABILITY INFORMATION. (a) Each school district and open-enrollment charter school shall prominently display and maintain on the entity's Internet website the following information:

(1) a link to the website described by Subsection (b); and

(2) a list that includes:

(A) each campus located within the district or area served by the school;

(B) the number of students that may attend each campus;

(C) the number of students attending each campus; and

(D) the number of available student positions in each grade level at each campus.

(b) The agency shall contract for the services of one or more third-party contractors to develop, implement, maintain, and publicize an Internet website with search functionality that enables the public to identify by zip code:

(1) school district and open-enrollment campuses located within a student's district of residence; and

(2) school district and open-enrollment campuses located within districts contiguous to a student's district of residence.

(c) For each campus identified, the website must display the step-by-step process by which a student may enroll in a campus outside the student's assigned attendance zone in addition to the following information:

(1) student achievement indicators described by Section 39.053(c) and the reporting indicators described by Sections 39.301(c)(1)-(5);

(2) intensive programs offered at each campus, such as an optional flexible school day or a credit recovery program;

(3) college and career readiness programs such as dual credit offerings, International Baccalaureate, or advanced placement programs; and

(4) expanded learning programs, such as extended day, extended year, or after-school programs.

(d) In addition to any other considerations required by law, the agency shall consider an applicant's demonstrated competence and qualifications in maximizing website accessibility and ease of use in awarding a contract under Subsection (b).

(e) In addition to any amount appropriated by the legislature, the agency may accept funds from any other public or private entity to implement this section. Funds accepted under this section may not be accepted on terms inconsistent with the requirements of this section.

SECTION 3. Section 25.036, Education Code, is amended to read as follows:

Sec. 25.036. TRANSFER OF STUDENT. (a) Any student [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 transfer [annually] from one school facility or classroom to another within the student's school district of residence or from the student's [child's] school district of residence to a specified school in another district in this state if [both the receiving district and] the applicant parent or guardian or person having lawful control of the student requests [child jointly approve and timely agree] the transfer in writing [to the transfer]. In conformity with this subchapter and rules adopted by the commissioner, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board shall facilitate the transfer.

(b) A transfer request [agreement] under this section shall be filed and preserved as a [receiving district] record of the appropriate district for audit purposes of the agency.

(c) A transfer under this section is effective until the parent or guardian or person having lawful control over the student requests in writing that the student attend a different school within the district or a school in a different district or the student graduates from high school.

(d) The board of trustees of a school district shall adopt a policy that establishes the standards by which the district will determine whether positions are available at a campus.

(e) A school district that has more applicants for transfer under this section than available positions must fill the available positions by lottery. For a transfer within a district, priority must be given to students at risk of dropping out of school as defined by Section 29.081.

(f) For a transfer from one school district to another district, the board of trustees of a district may adopt 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.

(g) The commissioner by rule shall prescribe the procedures necessary to implement this section to ensure the orderly and proper administration of student transfers.

SECTION 4. The following sections of the Education Code are repealed:

(1) Section 25.031;

(2) Section 25.032;

(3) Section 25.033; and

(4) Section 25.034.

SECTION 5. The changes in law made by this Act apply beginning with the 2013-2014 school year.

SECTION 6. The changes in law made by this Act supersede any other law to the extent of a conflict.

SECTION 7. 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, 2013.