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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of public school students between certain |
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school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.035, Education Code, is amended to |
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read as follows: |
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Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a) |
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The boards of trustees of two or more [adjoining] school districts |
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or the boards of county school trustees of two or more [adjoining] |
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counties may, [by agreement and] in accordance with Sections |
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25.032, 25.033, and 25.034, arrange for the transfer and assignment |
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of any student from the jurisdiction of one board to that of |
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another. [In the case of the transfer and assignment of a student |
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under this section, the participating governing boards shall also |
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agree to the transfer of school funds or other payments |
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proportionate to the transfer of attendance.] |
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(b) A school district may deny approval of a transfer under |
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this section if: |
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(1) the district or a school in the district to which a |
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student seeks to transfer is at full student capacity or has more |
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requests for transfers than available positions; |
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(2) at the time a student seeks to transfer, the |
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student is suspended or expelled by the district in which the |
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student is enrolled; or |
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(3) approving the transfer would supersede a |
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court-ordered desegregation plan. |
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(c) A school district that has more applicants for transfer |
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under this section than available positions must fill the available |
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positions by lottery and must give priority to applicants in the |
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following order: |
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(1) students receiving special education services |
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under Subchapter A, Chapter 29; |
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(2) students who are dependents of military personnel; |
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(3) students who are dependents of law enforcement |
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personnel; |
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(4) students in foster care; |
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(5) students who are the subject of court-ordered |
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modification of an order establishing conservatorship or |
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possession and access; |
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(6) students who are siblings of a student who is |
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enrolled in the receiving district at the time the student seeks to |
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transfer; |
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(7) students who are dependents of an employee of the |
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receiving district; and |
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(8) students residing in the receiving district. |
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(d) A student who transfers to another school district under |
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this section may not be charged tuition. The student is included in |
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the average daily attendance of the district to which the student |
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transfers, beginning on the date the student begins attending |
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classes at that district. |
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(e) A receiving school district may, but is not required to, |
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provide transportation to a student who transfers to the receiving |
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district under this section. |
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(f) A receiving school district may revoke, at any time |
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during the school year, the approval of the student's transfer if |
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the student: |
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(1) fails to comply with a condition specified in the |
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agreement that is: |
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(A) a circumstance specified in the student code |
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of conduct under Section 37.001(a)(1); |
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(B) a condition specified in the student code of |
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conduct under Section 37.001(a)(2); |
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(C) conduct for which a student is required or |
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permitted to be removed from class and placed in a disciplinary |
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alternative education program under Section 37.006; or |
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(D) conduct for which a student is required or |
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permitted to be expelled from school under Section 37.007; or |
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(2) fails to maintain a specified school attendance |
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rate. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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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, 2023. |