Bill Text: TX SB1011 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to public school choice, including school campus information, student transfers, the public education grant program, and the transportation allotment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-11 - Referred to Education [SB1011 Detail]
Download: Texas-2015-SB1011-Introduced.html
84R4151 MK-F | ||
By: Hancock | S.B. No. 1011 |
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relating to public school choice, including school campus | ||
information, student transfers, the public education grant | ||
program, and the transportation allotment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8.051, Education Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Each regional education service center shall | ||
consolidate and submit to the agency or the entity contracting with | ||
the agency under Section 25.0012(c) the school availability | ||
information required under Section 25.0012 for any school located | ||
in the area served by the center. Each school district and | ||
open-enrollment charter school shall provide the necessary | ||
information to the regional education service center once each | ||
year. The information shall be submitted by the center in the | ||
manner and format specified by the agency or contracting entity. | ||
Each regional education service center shall provide additional | ||
campus information and enrollment services as required by the | ||
commissioner. | ||
SECTION 2. Subchapter A, Chapter 25, Education Code, is | ||
amended by adding Section 25.0012 to read as follows: | ||
Sec. 25.0012. SCHOOL AVAILABILITY INFORMATION. (a) The | ||
agency shall maintain an Internet website, separate from the | ||
agency's main Internet website, that includes the following | ||
information: | ||
(1) each campus located within each school district | ||
and the area served by each campus, including any open-enrollment | ||
charter school located in the district; | ||
(2) the number of students that may attend each | ||
campus; | ||
(3) the number of students attending each campus; | ||
(4) the number of available student positions at each | ||
campus, as determined by the district or school; | ||
(5) intensive programs offered at each campus, | ||
including optional flexible school day and credit recovery | ||
programs; | ||
(6) college and career readiness programs offered at | ||
each campus, including dual credit programs, international | ||
baccalaureate programs, advanced placement programs, magnet | ||
programs, and Advancement Via Individual Determination (AVID) | ||
programs; | ||
(7) expanded learning programs, including extended | ||
day programs, extended year programs, and 21st Century Community | ||
Learning Center programs; and | ||
(8) the accountability ratings under Subchapter C, | ||
Chapter 39, for the preceding school year of each campus and | ||
district. | ||
(b) The Internet website required by Subsection (a) must | ||
enable the public to identify by zip code the school district | ||
campuses and open-enrollment charter schools located in a student's | ||
district of residence and contiguous districts and search by | ||
identified performance and program offerings, including the | ||
program offerings in Subsections (a)(5)-(7). For each campus | ||
identified, the Internet website shall display the information | ||
specified in Subsections (a)(2) and (3) and the process by which a | ||
student may enroll in a campus that is not the campus to which the | ||
student is assigned. | ||
(c) The agency may contract for the services of one or more | ||
contractors to develop, implement, maintain, and publicize the | ||
Internet website required by Subsection (a). In awarding a | ||
contract under this subsection, the agency must consider an | ||
applicant's demonstrated competence and qualifications in | ||
maximizing Internet website accessibility and ease of use. | ||
(d) The agency and each school district, open-enrollment | ||
charter school, and regional education service center shall | ||
prominently display and maintain on the main page of the entity's | ||
Internet website a link to the Internet website required by | ||
Subsection (a). | ||
(e) Each school district, open-enrollment charter school, | ||
and regional education service center shall maintain on the | ||
entity's Internet website a description of the procedure for a | ||
student to transfer to another campus within the entity's | ||
jurisdiction. Each school district, open-enrollment charter | ||
school, and regional education service center shall display on the | ||
main page of the entity's Internet website a link to the information | ||
required by this subsection. | ||
(f) In addition to any amount appropriated by the | ||
legislature, the agency may accept funds from any other public or | ||
private entity to carry out the requirements of this section. Funds | ||
accepted under this subsection may not be accepted on terms | ||
inconsistent with the requirements of this section. | ||
SECTION 3. Section 25.033, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.033. ASSIGNMENT OR TRANSFER ON PETITION OF PARENT. | ||
(a) The parent or person standing in parental relation to any | ||
student that resides in the school district may by petition in | ||
writing [ |
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to a designated school or to a school to be designated by the board. | ||
Except as provided by this section and Sections 25.0341, 25.0342, | ||
and 25.0343, the board shall grant the request[ |
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(b) A school district may not be required to accept a | ||
transfer to a school facility if the projected student enrollment | ||
growth of the attendance zone of the facility will cause the | ||
facility to exceed available capacity within three years. | ||
(c) Except as otherwise provided by this section, a school | ||
district that has more applicants for a transfer to a school | ||
facility than available positions must give priority to students at | ||
risk of dropping out of school as defined by Section 29.081 and must | ||
fill the available positions by lottery. | ||
(d) The board of trustees of a school district may adopt a | ||
policy that establishes admissions criteria, including audition or | ||
performance criteria, for admission to a campus or program, | ||
including a magnet campus or program, that: | ||
(1) offers specialized areas of study and focus for | ||
students; or | ||
(2) limits admission to students of a single gender. | ||
(e) Subject to Subsection (d)(2), in permitting transfers | ||
under this section, a school district may not discriminate on the | ||
basis of a student's national origin, ancestral language, | ||
ethnicity, gender, or socioeconomic status. | ||
(f) Except as otherwise provided by this section, a student | ||
permitted to transfer to a campus under this section may continue to | ||
attend that campus and the campuses to which students from that | ||
campus are regularly assigned for higher grade levels until the | ||
student graduates from high school. | ||
(g) The board of trustees of a school district may adopt a | ||
policy that provides for the exclusion of a student requesting or | ||
receiving a transfer under this section who has a documented | ||
history of a criminal offense, juvenile court adjudication, failure | ||
to attend school, or discipline problem under Subchapter A, Chapter | ||
37. | ||
(h) The commissioner may adopt rules necessary to implement | ||
this section. | ||
SECTION 4. Section 25.035, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a) | ||
The boards of trustees of two or more [ |
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or the boards of county school trustees of two or more [ |
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counties may, by agreement [ |
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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. | ||
(b) The parent or person standing in parental relation to a | ||
student may by written petition request the assignment or transfer | ||
of the student to: | ||
(1) a designated school in a district other than the | ||
student's district of residence; or | ||
(2) a school designated by the board of trustees of a | ||
district other than the student's district of residence. | ||
(c) The board of trustees of a school district may adopt a | ||
policy that provides for the exclusion or removal of a student | ||
requesting or receiving a transfer under this section who has a | ||
documented history of a criminal offense, juvenile court | ||
adjudication, failure to attend school, or discipline problem under | ||
Subchapter A, Chapter 37. | ||
SECTION 5. Section 25.036, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) 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 [ |
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child's school district of residence to another district in this | ||
state if both the receiving district and the applicant parent or | ||
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writing to the transfer. | ||
(c) A transfer made under this section is effective until | ||
the parent or person standing in parental relation to the child | ||
decides to transfer the child to a school in a different district or | ||
the child graduates from high school. | ||
SECTION 6. Section 26.003, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A | ||
parent is entitled to: | ||
(1) [ |
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a designated administrator with the authority to reassign a | ||
student, to request a change in the class or teacher to which the | ||
parent's child has been assigned, if the reassignment or change | ||
would not affect the assignment or reassignment of another student; | ||
(2) [ |
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request will not be unreasonably denied: | ||
(A) the addition of a specific academic class in | ||
the course of study of the parent's child in keeping with the | ||
required curriculum if sufficient interest is shown in the addition | ||
of the class to make it economically practical to offer the class; | ||
(B) that the parent's child be permitted to | ||
attend a class for credit above the child's grade level, whether in | ||
the child's school or another school, unless the board or its | ||
designated representative expects that the child cannot perform | ||
satisfactorily in the class; or | ||
(C) that the parent's child be permitted to | ||
graduate from high school earlier than the child would normally | ||
graduate, if the child completes each course required for | ||
graduation; and | ||
(3) [ |
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by Subdivision (2)(C) [ |
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ceremonies at the time the child graduates. | ||
(b) The decision of the board of trustees concerning a | ||
request described by Subsection (a)(1) or (2) [ |
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final and may not be appealed. | ||
SECTION 7. Section 29.201, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other | ||
provision of this code, as provided by this subchapter an eligible | ||
student may attend a public school in the district in which the | ||
student resides or may use a public education grant to attend any | ||
public school in any other district chosen by the student's parent | ||
or any person standing in parental relation to the student until the | ||
student decides to attend a school in a different district or | ||
graduates from high school. | ||
SECTION 8. Section 29.202(b), Education Code, is amended to | ||
read as follows: | ||
(b) After a student has used a public education grant to | ||
attend a school in a district other than the district in which the | ||
student resides,[ |
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grant if the school on which the student's initial eligibility is | ||
based no longer meets the criteria under Subsection (a)[ |
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SECTION 9. Sections 29.203(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) A school district is entitled to additional facilities | ||
assistance under Section 42.4101 if the district enrolls [ |
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education grants that is at least one percent of the district's | ||
average daily attendance for the preceding school year[ |
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(d) [ |
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has more [ |
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subchapter than available positions must [ |
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continuity in education, a school district may give priority | ||
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siblings of enrolled students residing in the same household or | ||
other children residing in the same household as enrolled students | ||
for the convenience of parents, guardians, or custodians of those | ||
children. | ||
SECTION 10. Section 42.155(b), Education Code, is amended | ||
by amending Subdivision (3) and adding Subdivision (4) to read as | ||
follows: | ||
(3) "Linear density" means: | ||
(A) for purposes of Subsection (c), the average | ||
number of regular eligible students transported daily, divided by | ||
the approved daily route miles traveled by the [ |
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transportation system; and | ||
(B) for purposes of Subsection (c-1), the average | ||
number of school choice eligible students transported daily, | ||
divided by the approved daily route miles traveled by the | ||
transportation system. | ||
(4) "School choice eligible student" means a student | ||
who resides two or more miles from the student's campus of choice as | ||
provided by Subchapter B, Chapter 25, measured along the shortest | ||
route that may be traveled on public roads, and who is not | ||
classified as a student eligible for special education services. | ||
SECTION 11. Section 42.155, Education Code, is amended by | ||
adding Subsection (c-1) and amending Subsection (d) to read as | ||
follows: | ||
(c-1) This subsection applies only to a district that the | ||
commissioner determines offers students residing in the district a | ||
variety of choices in selecting a campus for attendance and | ||
provides transportation to an eligible student to the selected | ||
campus at no cost to the student. In determining under this | ||
subsection whether a district offers a variety of campus choices, | ||
the commissioner must consider the diversity of enrollment and | ||
curriculum criteria among campuses in the district, including | ||
criteria such as the gender of students enrolled at the campus, the | ||
subject matter or learning methods emphasized at the campus, and | ||
the degree to which athletic and other extracurricular activities | ||
are available at the campus. In addition to the regular | ||
transportation allotment under Subsection (c), a district is | ||
entitled to an allotment based on the daily cost per school choice | ||
eligible student of operating and maintaining the transportation | ||
system for school choice eligible students and the linear density | ||
of that system. In determining the cost, the commissioner shall | ||
give consideration to factors affecting the actual cost of | ||
providing those transportation services in the district. The | ||
average actual cost is to be computed by the commissioner and | ||
included for consideration by the legislature in the General | ||
Appropriations Act. The allotment per mile of approved route may | ||
not exceed the amount set by appropriation. | ||
(d) A district or county may apply for and on approval of the | ||
commissioner receive an additional amount of up to 10 percent of its | ||
regular transportation allotment under Subsection (c) to be used | ||
for the transportation of children living within two miles of the | ||
school they attend who would be subject to hazardous traffic | ||
conditions if they walked to school. Each board of trustees shall | ||
provide to the commissioner the definition of hazardous conditions | ||
applicable to that district and shall identify the specific | ||
hazardous areas for which the allocation is requested. A hazardous | ||
condition exists where no walkway is provided and children must | ||
walk along or cross a freeway or expressway, an underpass, an | ||
overpass or a bridge, an uncontrolled major traffic artery, an | ||
industrial or commercial area, or another comparable condition. | ||
SECTION 12. Sections 25.032, 25.034, 25.0341(f), | ||
25.0342(g), and 25.0343(c), Education Code, are repealed. | ||
SECTION 13. (a) Except as provided by Subsection (b) of | ||
this section, this Act applies beginning with the 2016-2017 school | ||
year. | ||
(b) Sections 8.051(e) and 25.0012, Education Code, as added | ||
by this Act, apply beginning with the 2015-2016 school year. | ||
SECTION 14. 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. |