By: West, Patrick S.B. No. 1775

A BILL TO BE ENTITLED

AN ACT

relating to school campus information, student transfers, and the public education grant program.

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 consolidate and submit to the agency or the entity contracting with the agency under Section 25.0012(b) the school availability information required under Section 25.0012 for any school located in the area served by the center. Each school district and open-enrollment charter school shall provide the necessary information to the regional education service center once each year. The information shall be submitted by the center in the manner and format specified by the agency or contracting entity. Each regional education service center shall provide additional campus information and enrollment services as required 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) A school district, open-enrollment charter school, or regional education service center shall prominently display and maintain on the entity's Internet website a list that includes:

(1) each campus located within the district, area served by the school, or region;

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

(3) the number of students attending each campus;

(4) the number of available student positions at each campus, as determined by the district;

(5) intensive programs offered at each campus, including optional flexible school day and credit recovery programs;

(6) college and career readiness programs offered at each campus, including dual credit programs, international baccalaureate programs, advanced placement programs, magnet programs, and Advancement Via Individual Determination (AVID) programs; and

(7) expanded learning programs, including extended day programs, extended year programs, and 21st Century Community Learning Center programs.

(b) The agency may contract for the services of one or more contractors to develop, implement, maintain, and publicize an Internet website that enables the public to identify by zip code the school district campuses and open-enrollment charter schools located in a student's district of residence and contiguous districts that match identified performance and program offerings, including the program offerings in Subsections (a)(5)-(7). For each campus identified, the Internet website shall display the information specified in Subsections (a)(2) and (3) and the process by which a student may enroll in a campus that is not the campus to which the student is assigned. In awarding a contract under this subsection, the agency must consider an applicant's demonstrated competence and qualifications in maximizing Internet website accessibility and ease of use.

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

SECTION 3. Section 25.031, Education Code, is amended to read as follows:

Sec. 25.031. ASSIGNMENTS AND TRANSFERS; OPEN ENROLLMENT [IN DISCRETION OF GOVERNING BOARD]. (a) In conformity with this subchapter and rules adopted by the commissioner in accordance with this subchapter, the board of trustees of a school district or the board of county school trustees or a school employee designated by the board shall [may] assign and transfer any student from one school facility or classroom to another within its jurisdiction.

(b) Except as otherwise provided by this section, a school district that has more applicants for a transfer to a school facility 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.

(c) The board of trustees of a school district may adopt a policy that establishes admissions criteria, including audition or performance criteria, for admission to a campus or program, including a magnet campus or program, that offers specialized areas of study and focus for students. The board may adopt a policy that establishes admissions criteria for a campus or program that limits admission to students of a single gender.

(d) Except as otherwise provided by this section, by this subchapter, or by commissioner rule, a school district shall permit open enrollment in any campus in the district.

(e) In permitting transfers under this section, a school district may not discriminate on the basis of a student's race, ethnicity, sex, or socioeconomic status.

(f) Except as otherwise provided by this section, a student permitted to transfer to a campus under this section may continue to attend that campus and the campuses to which students from that campus are regularly assigned for higher grade levels until the student graduates from high school.

(g) The board of trustees of a school district may adopt a policy that provides for the exclusion or removal of a student requesting or receiving a transfer under this section who has a documented history of a criminal offense, juvenile court adjudication, failure to attend school, or misconduct or discipline problem under Subchapter A, Chapter 37, including a violation of a student code of conduct.

(h) Commissioner rules may not require a school district to accept a transfer to a school facility if projected student enrollment growth within an attendance zone of the facility will cause the facility to exceed available capacity within three years.

SECTION 4. Section 25.035, Education Code, is amended to read as follows:

Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement [and in accordance with Sections 25.032, 25.033, and 25.034], arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance.

SECTION 5. Section 25.036, Education Code, is amended by amending Subsection (a) and adding Subsections (c), (d), (e), (f), (g), and (h) to read as follows:

(a) Subject to Subsections (d), (f), (g), and (h), any [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 [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 requests the transfer [jointly approve and timely agree] in writing [to the transfer].

(c) A transfer made under this section is effective until the student decides to attend a school in a different district or 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 school campus.

(e) A school district that has more applicants for attendance under Subsection (a) than available positions must fill the available positions by lottery.

(f) The board of trustees of a school district may adopt a policy that provides for:

(1) the exclusion of a student requesting a transfer under this section who has a documented history of a criminal offense, juvenile court adjudication, or discipline problem under Subchapter A, Chapter 37; and

(2) the removal of a transfer student at the end of the school year based on the student's attendance, discipline issues, or class performance.

(g) A school campus located in a fast-growth school district is not required to allow transfer of students as provided by this section if the student enrollment at the campus is 85 percent or more of the campus student capacity. A fast-growth school district is a district in which:

(1) student enrollment in the previous school year was not less than 2,500 students and enrollment growth over the previous five years was not less than 10 percent; or

(2) a net increase of 3,500 or more students occurred during the previous five years.

(h) A school district is not required to allow transfer of students to a school campus, as provided by this section, during the first three school years after the campus was originally opened.

SECTION 6. Section 26.003, Education Code, is amended to read as follows:

Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A parent is entitled to:

(1) [petition the board of trustees designating the school in the district that the parent's child will attend, as provided by Section 25.033;

[(2)] reasonable access to the school principal, or to a designated administrator with the authority to reassign a student, to request a change in the class or teacher to which the parent's child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student;

(2) [(3)] request, with the expectation that the request will not be unreasonably denied:

(A) the addition of a specific academic class in the course of study of the parent's child in keeping with the required curriculum if sufficient interest is shown in the addition of the class to make it economically practical to offer the class;

(B) that the parent's child be permitted to attend a class for credit above the child's grade level, whether in the child's school or another school, unless the board or its designated representative expects that the child cannot perform satisfactorily in the class; or

(C) that the parent's child be permitted to graduate from high school earlier than the child would normally graduate, if the child completes each course required for graduation; and

(3) [(4)] have a child who graduates early as provided by Subdivision (2)(C) [(3)(C)] participate in graduation ceremonies at the time the child graduates.

(b) The decision of the board of trustees concerning a request described by Subsection (a)(1) or (2) [(a)(2) or (3)] is final and may not be appealed.

SECTION 7. Section 29.201, Education Code, is amended to read as follows:

Sec. 29.201. PARENTAL CHOICE. 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 until the student decides to attend a school in a different district or graduates from high school.

SECTION 8. Subsection (b), Section 29.202, Education Code, is amended to read as follows:

(b) After a student has used a public education grant to attend a school in a district other than the district in which the student resides,[:

[(1)] the student does not become ineligible for the grant if the school on which the student's initial eligibility is based no longer meets the criteria under Subsection (a)[; and

[(2) the student becomes ineligible for the grant if the student is assigned to attend a school that does not meet the criteria under Subsection (a)].

SECTION 9. Subsections (c) and (d), Section 29.203, Education Code, are amended to read as follows:

(c) A school district is entitled to additional facilities assistance under Section 42.4101 if the district enrolls [agrees to:

[(1) accept] a number of students using public education grants that is at least one percent of the district's average daily attendance for the preceding school year[; and

[(2) provide services to each student until the student either voluntarily decides to attend a school in a different district or graduates from high school].

(d) [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 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 priority [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 10. The following sections of the Education Code are repealed:

(1) Section 25.032;

(2) Section 25.033; and

(3) Section 25.034.

SECTION 11. (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2014-2015 school year.

(b) Subsection (e), Section 8.051, and Section 25.0012, Education Code, as added by this Act, apply beginning with the 2013-2014 school year.

SECTION 12. 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.