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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of a student from the school district of |
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the student's residence to another district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.036, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(a) Any child, other than a high school graduate, who is |
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younger than 21 years of age and eligible for enrollment on |
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September 1 of any school year may transfer each school year |
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[annually] from the child's school district of residence to another |
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district in this state if both the receiving district and the |
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applicant parent or guardian or person having lawful control of the |
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child jointly approve and timely agree in writing to the transfer. |
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(c) Subject to Subsection (d), the transfer agreement may |
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authorize the receiving school district to revoke, at any time |
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during the school year, the approval of the child to transfer if: |
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(1) the child: |
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(A) fails to comply with a condition specified in |
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the agreement that is: |
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(i) conduct for which a student is required |
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to be removed from class and placed in a disciplinary alternative |
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education program under Section 37.006; or |
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(ii) conduct for which a student is |
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required to be expelled from school under Section 37.007; or |
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(B) commits an offense under Section 25.094 or is |
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required to attend school under Section 25.085 and engages in |
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conduct described by Section 25.094(a)(3), unless the child proves |
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to the satisfaction of the district that one or more of the absences |
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described by Section 25.094(a)(3) were excused by a school official |
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or by a court or were involuntary and there is an insufficient |
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number of unexcused or voluntary absences remaining to constitute |
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conduct described by Section 25.094(a)(3); or |
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(2) the parent or guardian or person having lawful |
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control of the child who executed the transfer agreement fails to |
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pay tuition as authorized under Section 25.038 in accordance with |
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the agreement. |
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(d) Before a transfer approval may be revoked under this |
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section, the receiving school district must provide due process |
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concerning the proposed revocation in accordance with commissioner |
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rule, including a conference, any appeal, any proceeding, or a |
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hearing as provided under Section 37.009(a), (b), or (f), as |
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applicable, in the case of a proposed revocation under Subsection |
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(c)(1)(A)(i) or (ii). Section 37.004 also applies to consideration |
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of revocation of transfer approval under this section. |
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(e) If a transfer approval is revoked under this section: |
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(1) a child is not entitled to attend school in the |
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receiving school district under a transfer agreement after the |
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fifth school day after the date the child's parent or guardian or |
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person having lawful control of the child receives written notice |
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of the revocation; and |
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(2) the receiving district shall refund an amount of |
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any tuition fee paid under Section 25.038 proportionate to any |
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portion of the school year for which the fee was paid that is |
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remaining after the date the child is no longer entitled to attend |
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school in the receiving district under Subdivision (1). |
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SECTION 2. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |