|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the transfer of a student from the school district of |
|
the student's residence to another district. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 25.036, Education Code, is amended by |
|
amending Subsection (a) and adding Subsections (c), (d), and (e) to |
|
read as follows: |
|
(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 transfer each school year |
|
[annually] from the child's school district of residence to another |
|
district in this state if both the receiving district and the |
|
applicant parent or guardian or person having lawful control of the |
|
child jointly approve and timely agree in writing to the transfer. |
|
(c) Subject to Subsection (d), the transfer agreement may |
|
authorize the receiving school district to revoke, at any time |
|
during the school year, the approval of the child to transfer if: |
|
(1) the child: |
|
(A) fails to comply with a condition specified in |
|
the agreement that is: |
|
(i) conduct for which a student is required |
|
to be removed from class and placed in a disciplinary alternative |
|
education program under Section 37.006; or |
|
(ii) conduct for which a student is |
|
required to be expelled from school under Section 37.007; or |
|
(B) commits an offense under Section 25.094 or is |
|
required to attend school under Section 25.085 and engages in |
|
conduct described by Section 25.094(a)(3), unless the child proves |
|
to the satisfaction of the district that one or more of the absences |
|
described by Section 25.094(a)(3) were excused by a school official |
|
or by a court or were involuntary and there is an insufficient |
|
number of unexcused or voluntary absences remaining to constitute |
|
conduct described by Section 25.094(a)(3); or |
|
(2) the parent or guardian or person having lawful |
|
control of the child who executed the transfer agreement fails to |
|
pay tuition as authorized under Section 25.038 in accordance with |
|
the agreement. |
|
(d) Before a transfer approval may be revoked under this |
|
section, the receiving school district must provide due process |
|
concerning the proposed revocation in accordance with commissioner |
|
rule, including a conference, any appeal, any proceeding, or a |
|
hearing as provided under Section 37.009(a), (b), or (f), as |
|
applicable, in the case of a proposed revocation under Subsection |
|
(c)(1)(A)(i) or (ii). Section 37.004 also applies to consideration |
|
of revocation of transfer approval under this section. |
|
(e) If a transfer approval is revoked under this section: |
|
(1) a child is not entitled to attend school in the |
|
receiving school district under a transfer agreement after the |
|
fifth school day after the date the child's parent or guardian or |
|
person having lawful control of the child receives written notice |
|
of the revocation; and |
|
(2) the receiving district shall refund an amount of |
|
any tuition fee paid under Section 25.038 proportionate to any |
|
portion of the school year for which the fee was paid that is |
|
remaining after the date the child is no longer entitled to attend |
|
school in the receiving district under Subdivision (1). |
|
SECTION 2. This Act applies beginning with the 2013-2014 |
|
school year. |
|
SECTION 3. 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. |
|
|
|
* * * * * |