students could transfer to any district each year

The text as introduced · 1,612 words

89R13795 MM-F

By: Schoolcraft
H.B. No. 122

A BILL TO BE ENTITLED

AN ACT

relating to the capacity and usage of school district facilities

and the transfer of students between school districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 7, Education Code, is

amended by adding Section 7.0611 to read as follows:

Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section,

"instructional facility" has the meaning assigned by Section

46.001.

(b) The agency by rule shall require each school district to

annually report the following information in the form and manner

prescribed by the agency:

(1) the square footage of each district facility and

the acreage of land on which each facility sits;

(2) the total student capacity for each instructional

facility on a district campus;

(3) for each district campus:

(A) the enrollment capacity; and

(B) the number of students currently enrolled;

(4) whether a district facility is used by one or more

campuses and the campus identifier of each campus that uses the

facility;

(5) what each district facility is used for,

including:

(A) an instructional facility;

(B) a career and technology center;

(C) an administrative building;

(D) a food service facility; and

(E) a transportation facility;

(6) whether the district has vacant land and the

acreage of that land; and

(7) whether each district facility is leased or owned.

(c) From the information submitted under Subsection (b),

the agency shall produce and make available to the public on the

agency's Internet website an annual report on school district land

and facilities. The agency may combine the report required under

this section with any other required report to avoid multiplicity

of reports.

(d) If the agency determines information provided under

Subsection (b) would create a security risk, that information is

considered confidential for purposes of Chapter 552, Government

Code, and may not be disclosed in the annual report under Subsection

(c).

(e) The commissioner may adopt rules as necessary to

implement this section.

SECTION 2. Section 25.001(h), Education Code, is amended to

read as follows:

(h) In addition to the penalty provided by Section 37.10,

Penal Code, a person who knowingly falsifies information on a form

required for enrollment of a student in a school district is liable

to the district if the student is not eligible for enrollment in the

district but is enrolled on the basis of the false information. The

person is liable, for the period during which the ineligible

student is enrolled, for [ the greater of:

[ (1) the maximum tuition fee the district may charge

under Section 25.038; or

[ (2) ] the amount the district has budgeted for each

student as maintenance and operating expenses.

SECTION 3. Section 25.036, Education Code, is amended 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 apply

to transfer for in-person instruction 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 ].

(b) A transfer application [ agreement ] under this section

shall be filed and preserved as a receiving district record for

audit purposes of the agency.

(c) A school district may deny approval of a transfer under

this section only if:

(1) the district or a school in the district to which a

student seeks to transfer is at full student capacity or has more

requests for transfers than available positions after the district

has filled available positions in accordance with Subsection (e)

and has satisfied the requirement provided under Subsection (f);

(2) before the application deadline for the applicable

school year, the district adopted 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, and the student meets the

conditions for exclusion under the policy; or

(3) approving the transfer would supersede a

court-ordered desegregation plan.

(d) For the purpose of determining whether a school in a

school district is at full student capacity under Subsection

(c)(1), the district may not consider equity as a factor in the

district's decision-making process.

(e) A school district that has more applicants for transfer

under this section than available positions must fill the available

positions by lottery and must give priority to applicants in the

following order:

(1) students who:

(A) do not reside in the district but were

enrolled in the district in the preceding school year; or

(B) are dependents of an employee of the

receiving district; and

(2) students:

(A) receiving special education services under

Subchapter A, Chapter 29;

(B) who are dependents of military personnel;

(C) who are dependents of law enforcement

personnel;

(D) in foster care;

(E) who are the subject of court-ordered

modification of an order establishing conservatorship or

possession and access; or

(F) who are siblings of a student who is enrolled

in the receiving district at the time the student seeks to transfer.

(f) A school district may deny approval of a transfer under

Subsection (c)(1) only if the district annually submits the

information regarding student capacity and facility usage by campus

required under Section 7.0611.

(g) Unless otherwise required by law, a receiving school

district may, but is not required to, provide transportation to a

student who transfers to the receiving district under this section.

(h) A receiving school district may revoke, at any time

during the school year, the approval of the student's transfer only

if:

(1) the student engages in conduct:

(A) for which a student is required or permitted

to be removed from class and placed in a disciplinary alternative

education program under Section 37.006; or

(B) for which a student is required or permitted

to be expelled from school under Section 37.007; and

(2) before revoking approval of the student's

transfer, the district:

(A) ensures the student is afforded appropriate

due process and complies with any requirements of state law or

district policy relating to the expulsion of a student to the same

extent as if the student were being expelled under Section 37.007;

and

(B) if the student is a child with a disability

under the Individuals with Disabilities Education Act (20 U.S.C.

Section 1400 et seq.), or the district suspects or has a reason to

suspect that the student may be a child with a disability, complies

with all federal and state requirements regarding revoking the

approval of the student's transfer.

(i) In the case of a transfer under this section, a child's

school district of residence shall provide the receiving district

with the child's disciplinary record and any threat assessment

involving the child's behavior conducted under Section 37.115.

SECTION 4. Section 25.038, Education Code, is amended to

read as follows:

Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS PAID BY

SCHOOL DISTRICT . (a) Except as provided by Subsection (b), a

[ The ] receiving school district may charge a tuition fee to another

school district, if the receiving district has contracted with the

other district to educate the other district's students, to the

extent that the district's actual expenditure per student in

average daily attendance, as determined by its board of trustees,

exceeds the sum the district benefits from state aid sources as

provided by Section 25.037. However, unless a tuition fee is

prescribed and set out in a transfer agreement before its execution

by the parties, an increase in tuition charge may not be made for

the year of that transfer that exceeds the tuition charge, if any,

of the preceding school year.

(b) A school district may not charge a tuition fee under

this section for a student transfer authorized under Section

25.036.

SECTION 5. Subchapter B, Chapter 25, Education Code, is

amended by adding Section 25.048 to read as follows:

Sec. 25.048. LIMITATION ON DENYING TRANSFER. A school

district may deny approval of a student's transfer on the basis of a

lack of capacity only if the district has reported capacity and

facility usage information for the applicable school year under

Section 7.0611.

SECTION 6. The following provisions are repealed:

(1) Section 25.0344, Education Code, as added by

Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular

Session, 2023; and

(2) Section 25.0344, Education Code, as added by

Chapter 322 (H.B. 1959), Acts of the 88th Legislature, Regular

Session, 2023.

SECTION 7. Notwithstanding any other provision of this Act,

a student accepted for transfer to a school district for the

2025-2026 school year under Section 25.036, Education Code, on a

date occurring before the effective date of this Act is entitled to

transfer to the district for that school year in the same manner as

any other student accepted for transfer to the district for that

school year on a date occurring on or after the effective date of

this Act.

SECTION 8. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 9. This Act applies beginning with the 2025-2026

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.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.