EDUCATION CODE
SUBTITLE E. STUDENTS AND PARENTS
CHAPTER 25. ADMISSION, TRANSFER, AND ATTENDANCE
SUBCHAPTER A. ADMISSION AND ENROLLMENT
SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE
ASSIGNMENTS AND TRANSFERS IN DISCRETION OF GOVERNING BOARD.
In conformity with this subchapter, the board of
trustees of a school district or the board of county school trustees
or a school employee designated by the board may assign and transfer
any student from one school facility or classroom to another within
its jurisdiction.
BASIS FOR ASSIGNMENT OR TRANSFER.
The board of trustees of a school district, the board of county school trustees,
or the person acting for the board must make the decision concerning
the assignment or transfer of a student on an individual basis and
may not consider as a factor in its decision any matter relating to
the national origin of the student or the student's ancestral
language.
ASSIGNMENT OR TRANSFER ON PETITION OF PARENT.
The parent or person standing in parental relation to any
student may by petition in writing either:
(1) request the assignment or transfer of the student
to a designated school or to a school to be designated by the board;
or
(2) file objections to the assignment of the student
to the school to which the student has been assigned.
HEARING; ACTION ON PETITION; APPEAL.
(a) On receiving a petition under Section 25.033, the board of trustees of
the school district or the board of county school trustees shall:
(1) if a hearing is not requested, act on the petition
not later than the 30th day after the date the petition is submitted
and notify the petitioner of the board's conclusion; or
(2) if a hearing is requested, designate a time and
place for holding a hearing not later than the 30th day after the
date the petition is submitted.
(b) If a hearing is requested, it shall be conducted by the
board in compliance with this section.
(c) The petitioner may present evidence relevant to the
individual student.
(d) The board may conduct investigations as to the objection
or request, examine any student involved, and employ agents,
professional or otherwise, for the purpose of examinations and
investigations.
(e) The board must grant the request made in the petition
unless the board determines that there is a reasonable basis for
denying the request. The decision of the board, either with or
without hearing, is final unless the student, or the parent,
guardian, or custodian of the student as next friend, files
exception to the decision of the board as constituting a denial of
any right of the student guaranteed under the United States
Constitution.
(f) If an exception is filed under Subsection (e), the board
may reconsider its decision. If the board has not ruled on the
exception before the 16th day after the date of the filing, the
exception is considered overruled. If the exception is overruled,
an appeal of the board's decision may be filed in the district court
of the county in which the board is located. The petition must
(1) be filed not later than the 30th day after the date
of the board's final decision; and
(2) state the facts relevant to the student that
relate to the alleged denial of the student's rights under the
United States Constitution.
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.
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
transfer annually from the child's school district of residence to
another 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.
(b) A transfer agreement under this section shall be filed
and preserved as a receiving district record for audit purposes of
the agency.
TRANSFER TO DISTRICT OF BORDERING STATE.
Any child entitled to attend the public school of any school district
situated on the border of Louisiana, Arkansas, Oklahoma, or New
Mexico who finds it more convenient to attend the public school in a
district in the contiguous state may have the apportionment of the
state and county available school funds paid to the school district
of the contiguous state and may have additional tuition, if
necessary, paid by the district of the child's residence on terms
agreed on by the trustees of the receiving district and the trustees
of the residence district. |
