Bill Text: TX HB4148 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the transfer of students between public schools.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-04-25 - Left pending in committee [HB4148 Detail]

Download: Texas-2023-HB4148-Introduced.html
  88R7918 PRL-F
 
  By: Dutton H.B. No. 4148
 
 
 
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 within 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 a 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, which 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). [A transfer agreement under this section
  shall be filed and preserved as a receiving district record for
  audit purposes of the agency.]
         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 an administrative office of the district.
         (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 a 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 each district's 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 previous 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,
  during the preceding school year;
               (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 within 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 within the
  same district;
               (2)  using data from the previous six school years, an
  analysis at the state and district level of changes in:
                     (A)  the number of school districts and campuses
  admitting transfer students;
                     (B)  the number of students transferring
  districts; and
                     (C)  the number of students transferring between
  campuses within the same district;
               (3)  a demographic analysis of the students
  transferring districts and of the students transferring between
  campuses within the same district;
               (4)  using data from the previous 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
  schools;
               (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
  school 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 year, the agency shall randomly select 10 percent
  of the school districts in the 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 school
  district.  Districts audited during the previous two school years
  may not be selected for audit in a school year.
         (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, 2029, 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 takes effect September 1, 2023.
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