SB686 - Relating to the transfer of students between public schools.

      By: Paxton, King S.B. No. 686     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.  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 school 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 campus in the school district:                       (A)     the enrollment capacity of the campus and of   each grade level offered at the campus; and                       (B)     the number of students currently enrolled at   the campus and in each grade level offered at the campus;                 (4)     whether a school district facility is used by one   or more campuses and the campus identifier of each campus that uses   the facility;                 (5)     what each school 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;                       (E)  a transportation facility; and                       (F)  vacant land; and                 (6)     whether each school 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, such 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.   In adopting rules for determining the   student capacity of a school district or district campus, the   commissioner may consider the staffing, student-teacher ratio, and   facility capacity of the district or campus.          SECTION 2.  Section 12A.004(a), Education Code, is amended   to read as follows:          (a)  A local innovation plan may not provide for the   exemption of a district designated as a district of innovation from   the following provisions of this title:                (1)  a state or federal requirement applicable to an   open-enrollment charter school operating under Subchapter D,   Chapter 12;                (2)  Subchapters A, C, D, and E, Chapter 11, except that   a district may be exempt from Sections 11.1511(b)(5) and (14) and   Section 11.162;                (3)   student transfer and admission requirements under   Sections 25.001, 25.036, 25.046, and 25.047;                 (4)   state curriculum and graduation requirements   adopted under Chapter 28; and                 (5)  [ (4) ]  academic and financial accountability and   sanctions under Chapters 39 and 39A.          SECTION 3.  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 4.  Section 25.035, Education Code, is amended to   read as follows:          Sec. 25.035.  TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The   boards of trustees of two or more [ adjoining ] school districts or   the boards of county school trustees of two or more [ adjoining ]   counties may, [ by agreement and ] in accordance with Sections   25.032, 25.033, and 25.034, arrange for the transfer and assignment   of any student from the jurisdiction of one board to that of   another. [ In the case of the transfer and assignment of a student   under this section, the participating governing boards shall also   agree to the transfer of school funds or other payments   proportionate to the transfer of attendance. ]          SECTION 5.  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 or district   campus [ of residence ] to another school district in this state or   another campus located in the child's district, as applicable,   selected by the child's parent or guardian 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)     subject to Subsection (g), admit each eligible   transfer applicant until enrollment at the campus reaches capacity,   as determined under Section 25.046.   [ A transfer agreement under   this section shall be filed and preserved as a receiving district   record for audit purposes of the agency. ]          (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 applicants in the following order:                 (1)  students residing in the receiving district;                 (2)     students enrolled as transfer students at another   campus in the receiving district;                 (3)     students who are dependents of an employee of the   receiving district;                 (4)     students receiving special education services   under Subchapter A, Chapter 29;                 (5)  students who are dependents of military personnel;                 (6)     students who are dependents of law enforcement   personnel;                 (7)  students in foster care;                 (8)     students who are the subject of court-ordered   modification of an order establishing conservatorship or   possession and access; and                 (9)     students who are siblings of a student who is   enrolled in the receiving district at the time the student seeks 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 waitlist 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 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;                 (2)  at the time a student seeks to transfer:                       (A)  the student is:                             (i)     suspended or expelled by the district   in which the student is enrolled; or                             (ii)     placed in a disciplinary alternative   education program or a juvenile justice alternative education   program; or                       (B)     disciplinary proceedings are pending against   the student in the district in which the student is enrolled for   conduct for which the student:       [Text truncated for display. 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