Bill Text: TX SB48 | 2013-2014 | 83rd Legislature | Engrossed
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: (Engrossed - Dead) 2013-04-24 - Referred to Public Education [SB48 Detail]
Download: Texas-2013-SB48-Engrossed.html
By: Zaffirini | S.B. No. 48 |
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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 is | ||
required to be expelled from school under Section 37.007; or | ||
(B) commits an offense under Section 25.094 or 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 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 due process | ||
concerning the proposed revocation in accordance with commissioner | ||
rule, including a conference, any appeal, any proceeding, or a | ||
hearing as provided under Section 37.009(a), (b), or (f), as | ||
applicable, in the case of a proposed revocation under Subsection | ||
(c)(1)(A)(i) or (ii). 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: | ||
(1) a child is not entitled to attend school in the | ||
receiving school district under a transfer agreement after the | ||
fifth school day after the date the child's parent or guardian or | ||
person having lawful control of the child receives written notice | ||
of the revocation; and | ||
(2) 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 in the receiving district under Subdivision (1). | ||
SECTION 2. This Act applies beginning with the 2013-2014 | ||
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, 2013. |