By: Paxton S.B. No. 29
 
 
 
   
 
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(h), Education Code, is amended 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.
       SECTION 2.  Section 25.035, Education Code, is amended to
read as follows:
       Sec. 25.035.  TRANSFERS BETWEEN DISTRICTS OR COUNTIES. The
boards of trustees of two or more [adjoining] school districts or
the boards of county school trustees of two or more [adjoining]
counties may, [by agreement and] in accordance with Sections
25.032, 25.033, and 25.034, arrange for the transfer and assignment
of any 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.]
       SECTION 3.  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)  subject to Subsection (g), 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 applicants in the following order:
             (1)  students residing in the receiving district;
             (2)  students enrolled as transfer students at another
campus in the receiving district;
             (3)  students who are dependents of an employee of the
receiving district;
             (4)  students receiving special education services
under Subchapter A, Chapter 29;
             (5)  students who are dependents of military personnel;
             (6)  students who are dependents of law enforcement
personnel;
             (7)  students in foster care;
             (8)  students who are the subject of court-ordered

Statutes affected:
Introduced: Education Code 25.001, Education Code 25.035, Education Code 25.036 (Education Code 25)