By: West S.B. No. 1775

A BILL TO BE ENTITLED

AN ACT

relating to student eligibility to attend public school districts and charter schools, 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 gather, consolidate, and submit to the agency or third party designated by the agency the information specified in Section 25.0012 for its region in the manner and format specified by the agency or third party and 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) 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;

(5) intensive programs offered at each campus, such as an optional Flexible school day, credit recovery program;

(7) college and career readiness programs such as dual credit offerings, AVID, International Baccalaureate, or Advanced Placement programs;

(8) expanded learning programs, such as extended day, extended year programs or 21st Century after-school programs.

(b) The agency shall contract for the services of one or more third-party contractors to develop, implement, maintain, and publicize an Internet website that enables the public to identify by zip code campuses of school districts and open-enrollment charter schools located within the student's district of residence and contiguous districts that match identified performance and program offerings, including the categories of program offerings specified in Subsections (a)(5)-(a)(7. For each campus identified, the website shall display the information specified in Subsections (a)(2) and (a)(3) as well as the step-by-step process by which a student may enroll in a campus outside the student's assigned attendance zone. In addition to any other considerations required by law, the agency must consider an applicant's demonstrated competence and qualifications in maximizing website accessibility and ease of use in awarding a contract under this subsection.

(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 section may not be accepted on terms inconsistent with the requirements of this section.

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

Sec. 25.031. OPEN ENROLLMENT [ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD

SECTION 4. Section 25.031, Education Code, is amended to read as follows:

In conformity with rules adopted by the commissioner and 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. A school district that has more applicants for transfer under this section 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.

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

Sec. 25.036. TRANSFER OF STUDENT. (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 [annually] from the child's school district of residence to another district in this state if [both the receiving district and control of the child requests [jointly approve and timely agree] the transfer in writing [to the transfer].

(c) A transfer under this section is effective until the student either voluntarily 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 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 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.

SECTION 6. 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 either voluntarily decides to attend a school in a different district or graduates from high school.

SECTION 7. Sections 29.203 (c), (d), and (f), 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. 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] priority [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.

(f) The school district in which a student resides shall provide each student attending a school in another district under this subchapter transportation free of charge to and from the school the student would otherwise attend.

SECTION 8. The following sections of the Education Code are repealed:

(1) Section 25.032, Education Code;

(2) Section 25.033, Education Code; and

(3) Section 25.034, Education Code.

SECTION 9. This Act applies beginning with the 2013-2014 school year.

SECTION 10. 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; and if this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.