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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of a student from the school district of |
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the student's residence to another district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.036, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(a) Any child, other than a high school graduate, who is |
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younger than 21 years of age and eligible for enrollment on |
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September 1 of any school year may transfer each school year |
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[annually] from the child's school district of residence to another |
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district in this state if both the receiving district and the |
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applicant parent or guardian or person having lawful control of the |
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child jointly approve and timely agree in writing to the transfer. |
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(c) Subject to Subsection (d), the transfer agreement may |
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authorize the receiving school district to revoke, at any time |
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during the school year, the approval of the child to transfer if: |
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(1) the child: |
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(A) fails to comply with a condition specified in |
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the agreement that is: |
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(i) conduct for which a student is required |
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to be removed from class and placed in a disciplinary alternative |
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education program under Section 37.006; or |
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(ii) conduct for which a student may be |
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expelled from school under Section 37.007; |
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(B) is found by a juvenile court to have engaged |
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in conduct indicating a need for supervision as described by |
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Section 51.03(b)(2), Family Code; |
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(C) commits an offense under Section 25.094; or |
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(D) is less than 12 years of age, is required to |
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attend school under Section 25.085, and engages in conduct |
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described by Section 25.094(a)(3), unless the child proves to the |
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satisfaction of the receiving school district that one or more of |
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the absences described by Section 25.094(a)(3) were excused by a |
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school official or by a court or were involuntary and there is an |
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insufficient number of unexcused or voluntary absences remaining to |
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constitute conduct described by Section 25.094(a)(3); or |
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(2) the parent or guardian or person having lawful |
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control of the child who executed the transfer agreement fails to |
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pay tuition as authorized under Section 25.038 in accordance with |
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the agreement. |
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(d) Before a transfer approval may be revoked under this |
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section, the receiving school district must provide an opportunity |
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for hearing in accordance with the process adopted under Section |
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11.1511(b)(13) and, in the case of a proposed revocation under |
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Subsection (c)(1)(A)(i) or (ii), a conference, any appeal, any |
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proceeding, or a hearing as provided under Section 37.009(a), (b), |
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or (f), as applicable. Section 37.004 also applies to |
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consideration of revocation of transfer approval under this |
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section. |
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(e) If a transfer approval is revoked under this section the |
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receiving district shall refund an amount of any tuition fee paid |
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under Section 25.038 proportionate to any portion of the school |
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year for which the fee was paid that is remaining after the date the |
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child is no longer entitled to attend school. |
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SECTION 2. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |