Bill Text: TX HB2391 | 2021-2022 | 87th Legislature | Comm Sub
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: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2021-05-26 - Not again placed on intent calendar [HB2391 Detail]
Download: Texas-2021-HB2391-Comm_Sub.html
By: Dominguez, Buckley, Huberty | H.B. No. 2391 | |
(Senate Sponsor - Paxton) | ||
(In the Senate - Received from the House May 17, 2021; | ||
May 18, 2021, read first time and referred to Committee on | ||
Education; May 24, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 24, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2391 | By: Paxton |
|
||
|
||
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 [ |
||
(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; | ||
(2) a student of limited English proficiency, as | ||
defined by Section 29.052; or | ||
(3) educationally disadvantaged. | ||
(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) a student of limited English proficiency, 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) a student of limited English proficiency, as | ||
defined by Section 29.052. | ||
SECTION 5. This Act applies beginning with the 2022-2023 | ||
school year. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
* * * * * |