bill lets any student transfer to any school with room

The text as introduced · 3,031 words

89R11509 KJE-F

By: Dutton
H.B. No. 2396

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of students between public schools.

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

SECTION 1. Section 25.001, Education Code, is amended by

amending Subsection (h) and adding Subsection (k) 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.

(k) Notwithstanding any other law, a school district shall

allow a student who qualifies for admission under this subchapter

to enroll at the campus nearest to the student's residence offering

the appropriate grade level, regardless of whether the student

resides in the attendance zone of that district or campus and

provided that the campus has capacity, as determined under Section

25.046.

SECTION 2. 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 [ annually ] from the child's school district [ of

residence ] to any public school [ another district ] in this state

that offers the appropriate grade level and has capacity, as

determined under Section 25.046 [ 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) Before the beginning of each school year, a school

district shall:

(1) require a transfer applicant under Subsection (a)

to complete and submit the district's transfer application form by

a reasonable deadline established by the district; and

(2) admit each eligible transfer applicant until

enrollment at the campus reaches capacity, as determined under

Section 25.046.

(c) If a school district receives more eligible transfer

applications for a district campus or a specific grade level at a

district campus than the district has capacity for at that campus or

in that grade level, as determined under Section 25.046, the

district shall fill the available positions by lottery. A school

district shall offer to a student who the district does not enroll

due to lack of capacity an available position, if any, in the

appropriate grade level at another district campus.

(d) A school district that must fill positions by lottery

under Subsection (c) shall, in developing the lottery system,

ensure priority is given to an applicant who:

(1) resides in the district;

(2) is enrolled as a transfer student in the district

at another campus but has completed the highest grade level offered

at that campus;

(3) is a sibling of a student currently enrolled at a

district campus;

(4) is applying to transfer to a campus that is the

campus geographically nearest to the student's residence that

offers the appropriate grade level, regardless of whether the

student resides in the attendance zone of that campus;

(5) receives special education services under

Subchapter A, Chapter 29;

(6) is in foster care; or

(7) is a dependent of a person who is employed at the

campus to which the student is applying to transfer.

(e) A school district that receives more eligible transfer

applications for a district campus or a specific grade level at a

district campus than the district may enroll at the capacity

determined under Section 25.046 for that campus or grade level

shall establish and maintain a waiting list for transfer applicants

who are not admitted.

(f) If a position at a school district campus with a

waitlist under Subsection (e) becomes available after the start of

the school year, the district shall first admit transfer applicants

according to that waitlist and then admit any additional transfer

applicants in the order in which those additional transfer

applications are received.

(g) A school district may not deny a student's transfer

application unless:

(1) the requested district or campus is determined to

be at capacity under Section 25.046; or

(2) the student requesting the transfer is, at the

time of the application:

(A) expelled or suspended from the student's

school;

(B) placed in a disciplinary alternative

education program or juvenile justice alternative education

program; or

(C) subject to an ongoing disciplinary

proceeding under a district's student code of conduct adopted under

Section 37.001 that may lead to the student's:

(i) out-of-school suspension;

(ii) placement in a disciplinary

alternative education program or juvenile justice alternative

education program; or

(iii) expulsion.

(h) Notwithstanding any other law, a transfer applicant

under this section may only appeal a denial of the applicant's

transfer application as provided by this subsection. The parent of

or person standing in parental relation to a student may appeal a

denial of the student's transfer application by submitting the

appeal not later than the 10th day after the date of notification of

the application denial to the board of trustees of the receiving

school district. The receiving school district must consider the

appeal at the board's next regularly scheduled meeting and notify

the parent of the board's decision not later than the 10th day after

the date of that meeting. If the receiving school district board of

trustees denies the appeal, the parent of or person standing in

parental relation to the student may appeal that denial by

submitting the appeal to the commissioner not later than the 10th

day after the date of notification of the board's denial of the

appeal. The commissioner must provide a decision regarding an

appeal received under this subsection not later than the 90th day

after the date the commissioner receives notice of the appeal. The

commissioner must allow the appealing person and a representative

from the receiving school district to provide comment to the

commissioner regarding the appeal. An appeal under this subsection

must be submitted on a form approved by the commissioner.

(i) A student who transfers to another school district or

district campus as provided by this section may remain at the

receiving campus until that student completes the highest grade

level offered at the campus.

(j) Once a student who transfers to another school district

or district campus as provided by this section completes the

highest grade level offered at the receiving campus, the student

must reapply to continue attending school in the receiving

district. The district must prioritize admitting the student as

provided by Subsection (d).

(k) A school district may not deny admission to a student

who resides in the attendance zone of the district, including a

student who attends an open-enrollment charter school in the

district, for the purpose of accepting a transfer applicant under

this section.

(l) A school district campus that uses a selective

admissions process in accordance with a specific instructional

model or performing arts focus may retain that selective admissions

process if the admissions process prohibits discrimination on the

basis of a student's:

(1) sex, national origin, ethnicity, religion,

disability, socioeconomic status, or athletic ability;

(2) disciplinary record, except as permitted under

Subsection (g); or

(3) assigned school district or district campus based

on the attendance zone of the student's residence.

(m) The commissioner shall adopt rules necessary to

implement this section, including rules establishing:

(1) an admissions lottery, as described by Subsection

(c), and a waitlist as described by Subsection (e);

(2) procedures to ensure that selective admissions

processes at applicable open-enrollment district campuses comply

with Subsection (l); and

(3) procedures to ensure this section complies with

state and federal law regarding confidentiality of student medical

or educational information, including the Health Insurance

Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d

et seq.) and the Family Educational Rights and Privacy Act of 1974

(20 U.S.C. Section 1232g).

(n) [ A transfer agreement under this section shall be filed

and preserved as a receiving district record for audit purposes of

the agency.

[ (c) ] 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 3. Subchapter B, Chapter 25, Education Code, is

amended by adding Sections 25.046 and 25.047 to read as follows:

Sec. 25.046. TRANSFER CAPACITY; DISTRICT POLICY. (a)

Except as provided by Subsection (c), each year on the first day of

January, April, July, and October, the board of trustees of a school

district shall determine the capacity of each district campus and

the capacity of each grade level offered at each campus. For

purposes of this section, the capacity of a district campus or a

grade level at that campus is the total number of students that may

be admitted at the campus or at that grade level, as applicable,

less the students who are currently enrolled at that campus or at

that grade level, as applicable. Based on the board's

determination of campus or grade level capacity and current student

enrollment, the district shall identify the number of available

positions at each campus and for each grade level. In determining

campus and grade level capacity, the district shall consult the

most recent district facility plan, including a facility plan

created as part of a district bond proposal.

(b) The district shall post for each campus in the district

on the district's Internet website, if the district maintains a

website, the most recent determination of campus and grade level

capacity. If the district does not maintain a website, the district

shall make the information required under this subsection available

to the public at a district administrative office.

(c) A school district is not required to determine the

capacity of a new instructional facility, as defined by Section

48.152, in the first school year in which students attend the new

instructional facility.

(d) The board of trustees of a school district shall adopt a

written policy that meets the requirements adopted by the

commissioner under Subsection (f) for the admission of a transfer

applicant under this subchapter. The board shall make the policy

available to the public in the same manner the district makes

available the district's determination of campus and grade level

capacity under Subsection (b). The policy must include:

(1) adoption of a transfer application form;

(2) the provision of the address of the district

administrative office where a person may access the district's

determination of campus and grade level capacity, if the district

does not maintain an Internet website; and

(3) the provision of information regarding available

options for transportation provided by the district or in the

community.

(e) The agency shall establish and maintain on the agency's

Internet website a publication that includes each school district's

policy adopted under this section and campus or grade level

capacity determinations under Subsection (a).

(f) The commissioner shall adopt rules and prescribe

procedures necessary to implement this section, including by

developing any necessary model policies, forms, or templates for

use by a school district in complying with Subsection (d). In

adopting rules to implement this section, the commissioner shall

consider feedback from districts and shall prioritize:

(1) flexibility of access for students;

(2) encouraging districts to accommodate student

transfers; and

(3) preventing districts from discouraging student

transfers.

Sec. 25.047. REPORTING AND AUDIT REQUIREMENTS. (a)

Subject to Subsection (b), each school district shall annually

submit not later than the last Friday in October of each school year

a report to the agency regarding the transfer of students to and

from the district during the preceding school year. The report must

include:

(1) for each district campus, the quarterly campus and

grade level capacity determinations under Section 25.046;

(2) for each campus, the number of transfer

applications for transfers to that campus the district received,

the number of applications that were granted, and the number of

applications that were denied, including the reason for the denial;

(3) the information described by Subdivisions (1) and

(2) aggregated for all campuses in the district; and

(4) for the purposes of demographic analysis, any

information required by the commissioner as necessary to identify

each student admitted to or denied admission to a campus in the

district who is or was previously enrolled in a public school in

this state.

(b) A school district with only one campus serving each

grade level is exempt from Subsection (a)(3).

(c) Not later than March 15 of each year, the agency shall

post on the agency's Internet website a report on the transfer and

assignment of students. The report must include:

(1) a summary of school district admission practices

relating to student transfer admissions;

(2) for the state, the aggregated data reported under

Subsection (a);

(3) for each district, the aggregated data reported

under Subsection (a);

(4) a demographic analysis of the students

transferring districts;

(5) a demographic analysis of the students

transferring between campuses in the same district;

(6) for each district, the number of transfer

applicants seeking admission or withdrawal, showing the potential

net change in enrollment; and

(7) for each district, the actual number of students

who transferred into or out of the district, showing the actual net

change in enrollment.

(d) Every sixth year, the agency shall publish a study of

statewide transfer trends that includes:

(1) the total number of students transferring

districts and of students transferring between campuses in the same

district;

(2) using data from the preceding six school years, an

analysis at the state and district levels of changes in:

(A) the number of districts and campuses

admitting transfer students;

(B) the number of students transferring

districts; and

(C) the number of students transferring between

campuses in the same district;

(3) a demographic analysis of the students

transferring districts and of the students transferring between

campuses in the same district;

(4) using data from the preceding six school years, an

analysis of the patterns of student movement between districts and

campuses, including a description of any characteristics that are

correlated with students transferring to or away from districts or

campuses;

(5) a summary of district practices regarding

transportation of transfer students;

(6) an explanation of the reasons students choose to

transfer districts or campuses and the barriers faced by students

in transferring districts or campuses;

(7) an explanation of the challenges restricting

districts from admitting more transfer students;

(8) performance outcomes for inter- and

intra-district transfer students, including changes in student

proficiency after the date of transfer; and

(9) the effects of inter-district transfers on test

scores and program offerings for sending and receiving districts.

(e) Each school year, the agency shall randomly select 10

percent of the school districts in this state and conduct an audit

of each district's capacity determination under Section 25.046 and

of each district's approved and denied transfer applications. If

the agency finds inaccurate reporting of capacity levels by a

school district, the agency shall set the capacity for the

district. Districts audited during the preceding two school years

may not be selected for audit.

(f) The commissioner shall adopt rules necessary to

implement this section.

SECTION 4. Section 34.007(a), Education Code, is amended to

read as follows:

(a) A board of county school trustees or a school district

board of trustees may establish and operate an economical public

school transportation system:

(1) in the county or district, as applicable;

(2) outside the county or district, as applicable, if

the county or school district enters into an interlocal contract as

provided by Chapter 791, Government Code; or

(3) outside the district if students enrolled in the

district reside outside the district and the district:

(A) has an active policy adopted by the board

that prohibits screening transfer students who reside outside the

district based on the student's academic performance, disciplinary

history , except as provided by Section 25.036(g)(2) , or attendance

record, regardless of any relevant district or innovation plan

adopted by the board or authorization to screen transfer students

under any other authority; [ and ]

(B) certifies that the district has:

(i) an overall performance rating of C or

higher under Section 39.054 for the preceding school year or the

most recent school year in which a performance rating was assigned;

and

(ii) an overall accountability score of 70

or higher for the preceding school year or the most recent school

year in which a performance rating was assigned as calculated by the

agency for purposes of determining the district's overall

performance rating under Section 39.054; and

(C) certifies that the district or receiving

campus has [ (iii) ] the same or better overall performance rating

under Section 39.054 for the preceding school year or the most

recent school year in which a performance rating was assigned as the

school district or campus from which the district will transport

students under this subdivision.

SECTION 5. The following provisions of the Education Code

are repealed:

(1) Section 25.038;

(2) Sections 25.039(b) and (c); and

(3) Section 48.154.

SECTION 6. The changes in law made by this Act may not be

interpreted to affect the authority or existing rules of the

University Interscholastic League regarding the participation of a

student in an interscholastic competition.

SECTION 7. Not later than September 1, 2031, the Texas

Education Agency shall publish the first study of statewide

transfer trends required under Section 25.047, Education Code, as

added by this Act.

SECTION 8. This act applies beginning with the 2025-2026

school year.

SECTION 9. 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.