Bill Text: TX SB49 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the transfer of a student from the school district of the student's residence to another district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-26 - Referred to Education [SB49 Detail]
Download: Texas-2015-SB49-Introduced.html
By: Zaffirini | S.B. No. 49 | |
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relating to the transfer of a student from the school district of | ||
the student's residence to another district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.036, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (c), (d), and (e) to | ||
read as follows: | ||
(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 transfer each school year | ||
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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. | ||
(c) Subject to Subsection (d), the transfer agreement may | ||
authorize the receiving school district to revoke, at any time | ||
during the school year, the approval of the child to transfer if: | ||
(1) the child: | ||
(A) fails to comply with a condition specified in | ||
the agreement that is: | ||
(i) conduct for which a student is required | ||
to be removed from class and placed in a disciplinary alternative | ||
education program under Section 37.006; or | ||
(ii) conduct for which a student may be | ||
expelled from school under Section 37.007; | ||
(B) is found by a juvenile court to have engaged | ||
in conduct indicating a need for supervision as described by | ||
Section 51.03(b)(2), Family Code; | ||
(C) commits an offense under Section 25.094; or | ||
(D) is less than 12 years of age, is required to | ||
attend school under Section 25.085, and engages in conduct | ||
described by Section 25.094(a)(3), unless the child proves to the | ||
satisfaction of the receiving school district that one or more of | ||
the absences described by Section 25.094(a)(3) were excused by a | ||
school official or by a court or were involuntary and there is an | ||
insufficient number of unexcused or voluntary absences remaining to | ||
constitute conduct described by Section 25.094(a)(3); or | ||
(2) the parent or guardian or person having lawful | ||
control of the child who executed the transfer agreement fails to | ||
pay tuition as authorized under Section 25.038 in accordance with | ||
the agreement. | ||
(d) Before a transfer approval may be revoked under this | ||
section, the receiving school district must provide an opportunity | ||
for hearing in accordance with the process adopted under Section | ||
11.1511(b)(13) and, in the case of a proposed revocation under | ||
Subsection (c)(1)(A)(i) or (ii), a conference, any appeal, any | ||
proceeding, or a hearing as provided under Section 37.009(a), (b), | ||
or (f), as applicable. Section 37.004 also applies to | ||
consideration of revocation of transfer approval under this | ||
section. | ||
(e) If a transfer approval is revoked under this section the | ||
receiving district shall refund an amount of any tuition fee paid | ||
under Section 25.038 proportionate to any portion of the school | ||
year for which the fee was paid that is remaining after the date the | ||
child is no longer entitled to attend school. | ||
SECTION 2. This Act applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 3. 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, 2015. |