Bill Text: TX HB141 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the methods by which students may be admitted to public schools or transfer within a school district and the disclosure of information regarding public school admission methods.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-08 - Filed [HB141 Detail]
Download: Texas-2021-HB141-Introduced.html
| 87S10321 KJE-D | ||
| By: Dominguez | H.B. No. 141 | |
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| relating to the methods by which students may be admitted to public | ||
| schools or transfer within a school district and the disclosure of | ||
| information regarding public school admission methods. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 12.117, Education Code, | ||
| is amended to read as follows: | ||
| Sec. 12.117. ADMISSION AND ENROLLMENT. | ||
| SECTION 2. Section 12.117, Education Code, is amended by | ||
| amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), | ||
| and (b-1) to read as follows: | ||
| (a) For admission and enrollment to an open-enrollment | ||
| charter school, the governing body of the school shall: | ||
| (1) require the applicant to complete and submit the | ||
| common admission application form described by Section 12.1173 not | ||
| later than a reasonable deadline the school establishes; and | ||
| (2) on receipt of more acceptable applications for | ||
| admission under this section than available positions in a grade | ||
| level or campus [ |
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| (A) fill the available positions by lottery; or | ||
| (B) subject to Subsection (b), fill the available | ||
| positions in the order in which applications received before the | ||
| application deadline were received. | ||
| (a-1) An open-enrollment charter school that fills | ||
| available positions by lottery under Subsection (a)(2)(A) may use a | ||
| weighted lottery that assigns weights to applicants so that an | ||
| applicant's probability of admission increases if the applicant | ||
| satisfies criteria selected by the school. The school may increase | ||
| an applicant's probability of admission if the applicant is: | ||
| (1) eligible to participate in a special education | ||
| program under Section 29.003; or | ||
| (2) an emergent bilingual student, as defined by | ||
| Section 29.052. | ||
| (a-2) The commissioner shall adopt rules regarding the | ||
| implementation of a weighted lottery under Subsection (a-1), | ||
| including rules that: | ||
| (1) establish the information an open-enrollment | ||
| charter school may request an applicant to provide that is limited | ||
| in scope to only the information necessary for the school to | ||
| implement the lottery; and | ||
| (2) ensure compliance with: | ||
| (A) federal law regarding the 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); and | ||
| (B) any state law relating to the privacy of | ||
| student information. | ||
| (a-3) An open-enrollment charter school that uses a | ||
| weighted lottery under Subsection (a-1) shall: | ||
| (1) include in the school's admission and enrollment | ||
| policy the information requested under Subsection (a-2)(1) that the | ||
| school uses for the lottery; | ||
| (2) provide notice of the information requested of an | ||
| applicant under Subsection (a-2)(1) only if the school receives | ||
| more acceptable applications for admission than available | ||
| positions in the school; | ||
| (3) clearly mark all information requested under | ||
| Subdivision (2) as optional; and | ||
| (4) use any information provided by an applicant under | ||
| Subdivision (2) only to determine if the applicant's probability of | ||
| admission will increase in accordance with Subsection (a-1). | ||
| (b-1) An open-enrollment charter school shall make publicly | ||
| available and post in a prominent and appropriate location on the | ||
| school's public Internet website, if the school maintains a public | ||
| Internet website, notice of the school's admission and enrollment | ||
| policy, including: | ||
| (1) the method by which the school fills available | ||
| positions in the school, including whether the school uses: | ||
| (A) a lottery; or | ||
| (B) a weighted lottery; and | ||
| (2) if the school fills available positions by | ||
| weighted lottery under Subsection (a-1), the weights assigned to | ||
| applicants under that subsection. | ||
| SECTION 3. Section 25.001, Education Code, is amended by | ||
| adding Subsections (k) and (l) to read as follows: | ||
| (k) If a school district elects to admit students not | ||
| described by Subsection (b) into the district's schools by lottery, | ||
| the district may use a weighted lottery that assigns weights to | ||
| applicants so that an applicant's probability of admission | ||
| increases if the applicant satisfies criteria selected by the | ||
| district. The district may increase an applicant's probability of | ||
| admission if the applicant is: | ||
| (1) eligible to participate in a special education | ||
| program under Section 29.003; or | ||
| (2) an emergent bilingual student, as defined by | ||
| Section 29.052. | ||
| (l) If a school district elects to admit students not | ||
| described by Subsection (b) into the district's schools, the | ||
| district shall make publicly available and post in a prominent and | ||
| appropriate location on the district's public Internet website, if | ||
| the district maintains a public Internet website, notice of: | ||
| (1) the method by which the district admits those | ||
| students; and | ||
| (2) if the district uses a weighted lottery to admit | ||
| those students under Subsection (k), the weights assigned to | ||
| applicants for the lottery. | ||
| SECTION 4. Subchapter B, Chapter 25, Education Code, is | ||
| amended by adding Section 25.0311 to read as follows: | ||
| Sec. 25.0311. TRANSFER WITHIN DISTRICT BY LOTTERY. If the | ||
| board of trustees of a school district elects to allow a student | ||
| enrolled in the district to transfer from the student's assigned | ||
| campus to another campus in the district by lottery, the board may | ||
| use a weighted lottery that assigns weights to applicants so that an | ||
| applicant's probability of receiving the transfer increases if the | ||
| applicant is: | ||
| (1) eligible to participate in the school's special | ||
| education program under Section 29.003; or | ||
| (2) an emergent bilingual student, as defined by | ||
| Section 29.052. | ||
| SECTION 5. This Act applies beginning with the 2022-2023 | ||
| school year. | ||
| SECTION 6. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
