reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter Z. Miscellaneous Provisions › Section 22.901. Unlawful Inquiry Into Religious Affiliation

Sec. 22.901.  UNLAWFUL INQUIRY INTO RELIGIOUS AFFILIATION.  (a)  A person employed or maintained to obtain or aid in obtaining positions for public school employees may not directly or indirectly ask about, orally or in writing, the religion or religious affiliation of anyone applying for employment in the public schools of this state.
(b)  A person who violates Subsection (a) is subject to a civil penalty of not less than $100 nor more than $500. The aggrieved applicant or the applicant's assignee may bring suit for imposition of the civil penalty in the county of plaintiff's or defendant's residence.
(c)  A person who violates Subsection (a) commits an offense.  An offense under this subsection is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter Z. Miscellaneous Provisions › Section 22.902. Instruction Related to Cardiopulmonary Resuscitation and Use of Automated External Defibrillator

Sec. 22.902.  INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR.  (a)  A school district shall, in accordance with the policy adopted under Section 21.4515, make available to district employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator, as defined by Section 779.001, Health and Safety Code.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 4(1), eff. September 1, 2021.
(c)  Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, marching band director, cheerleading coach, and any other school employee specified by the commissioner and each student who serves as an athletic trainer must participate in the instruction in the use of an automated external defibrillator.  A person described by this subsection must receive and maintain certification in the use of an automated external defibrillator from the American Heart Association, the American Red Cross, or a similar nationally recognized association.
(d)  The commissioner shall adopt rules as necessary to implement this section.
(e)  This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator.  A private school shall adopt a policy under which the school makes available to school employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator.  The policy must comply with the requirements prescribed by this section and commissioner rules adopted under this section, including the requirements prescribed by Subsection (c).
Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 4(1), eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 10, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter Z. Miscellaneous Provisions › Section 22.904. Mental Health Training

Sec. 22.904.  MENTAL HEALTH TRAINING.  (a)  Except as otherwise provided by this section, a school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidence-based mental health training program designed to provide instruction to participants regarding the recognition and support of children and youth who experience a mental health or substance use issue that may pose a threat to school safety.
(b)  A school district may not require a district employee who has previously completed mental health training offered by a local mental health authority under Section 1001.203, Health and Safety Code, to complete the training required by this section.
(c)  From funds appropriated for the purpose, the agency shall provide an allotment to each school district to assist the district in complying with this section.  The amount of an allotment provided to a school district under this subsection may not exceed the costs incurred by the district for employees' travel, training fees, and compensation for the time spent completing the training required by this section.  The agency may proportionally reduce each district's allotment if the amount appropriated is insufficient to pay for all costs incurred by districts under this subsection.
(d)  The State Board for Educator Certification shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements under Section 21.054(g) for the educator's participation in mental health training under this section.
(e)  The commissioner shall adopt rules to implement this section, including rules specifying the training fees and travel expenses subject to reimbursement under Subsection (c).
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 23 - School Chaplains › Section 23.001. School Chaplains

Sec. 23.001.  SCHOOL CHAPLAINS.  (a)  A school district or open-enrollment charter school may employ or accept as a volunteer a chaplain to provide support, services, and programs for students as assigned by the board of trustees of the district or the governing body of the school.  A chaplain employed or volunteering under this chapter is not required to be certified by the State Board for Educator Certification.
(b)  A school district or open-enrollment charter school that employs or accepts as a volunteer a chaplain under this chapter shall ensure that the chaplain complies with the applicable requirements under Subchapter C, Chapter 22, before the chaplain begins employment or volunteering at the district or school.
(c)  A school district or open-enrollment charter school may not employ or accept as a volunteer a chaplain who has been convicted of or placed on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.
Added by Acts 2023, 88th Leg., R.S., Ch. 1142 (S.B. 763), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.0011. Certain Incarcerated Children

Sec. 25.0011.  CERTAIN INCARCERATED CHILDREN.  (a)  For purposes of Section 25.001, a person is not considered to reside in a school district if:
(1)  the person is incarcerated in a private juvenile detention facility in the district as a result of the order of a court in another state;  and
(2)  the person resided in another state or country immediately before incarceration in the facility.
(b)  A school district may provide educational services to a person described by Subsection (a) if the district is fully compensated for the cost of the services through payment of tuition for the person by the operator of the juvenile detention facility or other person having lawful control of the person in an amount equal to the actual cost of educating the person.
(c)  For purposes of this section, "private juvenile detention facility" means a juvenile detention facility that is not operated by a governmental entity.
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 30, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.0021. Use of Legal Surname

Sec. 25.0021.  USE OF LEGAL SURNAME.  In each public school a student must be identified by the student's legal surname as that name appears:
(1)  on the student's birth certificate or other document suitable as proof of the student's identity;  or
(2)  in a court order changing the student's name.
Added by Acts 2001, 77th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.0022. Food Allergy Information Requested Upon Enrollment

Sec. 25.0022.  FOOD ALLERGY INFORMATION REQUESTED UPON ENROLLMENT.  (a)  In this section, "severe food allergy" means a dangerous or life-threatening reaction of the human body to a food-borne allergen introduced by inhalation, ingestion, or skin contact that requires immediate medical attention.
(b)  On enrollment of a child in a public school, a school district shall request, by providing a form or otherwise, that a parent or other person with legal control of the child under a court order:
(1)  disclose whether the child has a food allergy or a severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions regarding the child's safety; and
(2)  specify the food to which the child is allergic and the nature of the allergic reaction.
(c)  A school district shall maintain the confidentiality of information provided under this section, and may disclose the information to teachers, school counselors, school nurses, and other appropriate school personnel only to the extent consistent with district policy under Section 38.009 and permissible under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
(d)  Except as provided by Subsections (e) and (f), information regarding a child's food allergy, regardless of how it is received by the school or school district, shall be retained in the child's student records but may not be placed in the health record maintained for the child by the school district.
(e)  If the school receives documentation of a food allergy from a physician, that documentation shall be placed in the health record maintained for the child by the school district.
(f)  A registered nurse may enter appropriate notes about a child's possible food allergy in the health record maintained for the child by the school district, including a notation that the child's student records indicate that a parent has notified the school district of the child's possible food allergy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1276 (H.B. 742), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.003. Tuition for Certain Children From Other States

Sec. 25.003.  TUITION FOR CERTAIN CHILDREN FROM OTHER STATES.  (a)  Notwithstanding any other provision of this code, a school district shall charge tuition for a child who resides at a residential facility and whose maintenance expenses are paid in whole or in part by another state or the United States.
(b)  A tuition charge under this section must be submitted to the commissioner for approval.
(c)  The attendance of the child is not counted for purposes of allocating state funds to the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.09, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.0031. Tuition for Students Holding Certain Student Visas

Sec. 25.0031.  TUITION FOR STUDENTS HOLDING CERTAIN STUDENT VISAS.  (a)  Notwithstanding any other provision of this code, if a student is required, as a condition of obtaining or holding the appropriate United States student visa, to pay tuition to the school district or open-enrollment charter school that the student attends to cover the cost of the student's education provided by the district or charter school, the district or charter school shall accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school.
(b)  The commissioner shall, for purposes of Subsection (a), develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education.  A school district or open-enrollment charter school may not accept tuition in an amount greater than the amount computed under the commissioner's guidelines unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school.
(c)  Notwithstanding any other provision of this code, the attendance of a student for whom a school district or open-enrollment charter school accepts tuition under this section is not counted for purposes of allocating state funds to the district or charter school.
Added by Acts 2013, 83rd Leg., R.S., Ch. 523 (S.B. 453), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.004. Tuition for Certain Military Dependents Prohibited

Sec. 25.004.  TUITION FOR CERTAIN MILITARY DEPENDENTS PROHIBITED.  A school district may not charge tuition for the attendance of a student who is domiciled in another state and resides in military housing that is located in the district but is exempt from taxation by the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 526, Sec. 1, eff. Sept. 11, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.005. Reciprocity Agreements Regarding Military Personnel and Dependents

Sec. 25.005.  RECIPROCITY AGREEMENTS REGARDING MILITARY PERSONNEL AND DEPENDENTS.  (a)  To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, the agency shall pursue reciprocity agreements governing the terms of those transfers with other states that are not parties to the Interstate Compact on Educational Opportunity for Military Children adopted under Chapter 162.
(b)  A reciprocity agreement must:
(1)  address procedures for:
(A)  transferring student records;
(B)  awarding credit for completed course work; and
(C)  permitting a student to satisfy the requirements of Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and
(2)  include appropriate criteria developed by the agency.
Added by Acts 2001, 77th Leg., ch. 1073, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 149, Sec. 24, eff. May 27, 2003;  Acts 2003, 78th Leg., ch. 445, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 8 (S.B. 90), Sec. 2, eff. May 5, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.006. Transition Assistance for Military Dependents

Sec. 25.006.  TRANSITION ASSISTANCE FOR MILITARY DEPENDENTS.  (a)  The legislature finds that:
(1)  school-age dependents of military personnel are faced with numerous transitions during their formative years; and
(2)  military dependents who move from one school to another during the high school years are faced with special challenges to learning and future achievement.
(b)  In recognition of the challenges faced by military dependents and the importance of military families to our community and economy, the agency shall assist the transition of military students from one school to another by:
(1)  improving the timely transfer of student records;
(2)  developing systems to ease student transition during the first two weeks of enrollment at a new school;
(3)  promoting practices that foster student access to extracurricular programs;
(4)  establishing procedures to lessen the adverse impact of student moves to a new school after the end of the student's junior year of high school;
(5)  encouraging or maintaining partnerships between military bases and affected school districts;
(6)  encouraging school districts to provide services for military students in transition when applying for admission to postsecondary study and when seeking sources of funding for postsecondary study; and
(7)  providing other assistance as identified by the agency.
(c)  The agency shall collect data each year from school districts and open-enrollment charter schools through the Public Education Information Management System (PEIMS) relating to the enrollment of military-connected students. The data relating to the enrollment of military-connected students under this section:
(1)  must include the number of active duty military-connected students and the number of National Guard or reserve military-connected students enrolled in the school district or open-enrollment charter school on a date at the beginning of the school year specified by the agency and a date at the end of the school year specified by the agency; and
(2)  may not be used for purposes of determining a campus or district performance rating under Section 39.054.
(d)  In this section, "military-connected student" means a student enrolled in a school district or open-enrollment charter school who:
(1)  is a dependent of a current or former member of:
(A)  the United States military;
(B)  the Texas National Guard; or
(C)  a reserve force of the United States military; or
(2)  was a dependent of a member of a military or reserve force described by Subdivision (1) who was killed in the line of duty.
Added by Acts 2005, 79th Leg., Ch. 164 (H.B. 25), Sec. 1, eff. May 27, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 173 (H.B. 525), Sec. 1, eff. May 25, 2013.
Acts 2019, 86th Leg., R.S., Ch. 269 (S.B. 1557), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter A. Admission and Enrollment › Section 25.008. Enrollment in Summer School Course by Person Not Enrolled in District

Sec. 25.008.  ENROLLMENT IN SUMMER SCHOOL COURSE BY PERSON NOT ENROLLED IN DISTRICT.  (a)  Except as provided by Subsection (b), a school district shall permit a person who is eligible under Section 25.001 to attend school in the district but who is not enrolled in school in the district to enroll in a district summer school course on the same basis as a district student, including:
(1)  satisfaction of any course eligibility  requirement; and
(2)  payment of any fee authorized under Section 11.158 that is charged in connection with the course.
(b)  Subsection (a) does not apply to enrollment in a program under Section 29.088 or 29.090 or in a similar intensive program.
Added by Acts 2013, 83rd Leg., R.S., Ch. 344 (H.B. 2137), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.017, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.031. Assignments and Transfers in Discretion of Governing Board

Sec. 25.031.  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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.032. Basis for Assignment or Transfer

Sec. 25.032.  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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.033. Assignment or Transfer on Petition of Parent

Sec. 25.033.  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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.034. Hearing; Action on Petition; Appeal

Sec. 25.034.  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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.0342. Transfer of Students Who Are Victims of or Have Engaged in Bullying

Sec. 25.0342.  TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.
(a)  In this section, "bullying" has the meaning assigned by Section 37.0832.
(b)  On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to:
(1)  another classroom at the campus to which the victim was assigned at the time the bullying occurred; or
(2)  a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.
(b-1)  The board of trustees of a school district may transfer the student who engaged in bullying to:
(1)  another classroom at the campus to which the victim was assigned at the time the bullying occurred; or
(2)  a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying.
(b-2)  Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services.
(c)  The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section.
(d)  The board of trustees or the board's designee may consider past student behavior when identifying a bully.
(e)  The determination by the board of trustees or the board's designee is final and may not be appealed.
(f)  A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2).
(g)  Section 25.034 does not apply to a transfer under this section.
Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005.
Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.0343. Transfer of Students Residing in Household of Student Receiving Special Education Services

Sec. 25.0343.  TRANSFER OF STUDENTS RESIDING IN HOUSEHOLD OF STUDENT RECEIVING SPECIAL EDUCATION SERVICES.  (a)  If, for the purpose of receiving special education services under Subchapter A, Chapter 29, a school district assigns a student to a district campus other than the campus the student would attend based on the student's residence, the district shall permit the student's parent, guardian, or other person standing in parental relation to the student to obtain a transfer to the assigned campus for any other student residing in the household of the student receiving special education services, provided that:
(1)  the other student is entitled under Section 25.001 to attend school in the district; and
(2)  the appropriate grade level for the other student is offered at the campus.
(b)  A school district is not required to provide transportation to a student who transfers to another campus under this section.  This subsection does not affect any transportation services provided by the district in accordance with other law for the student receiving special education services.
(c)  Section 25.034 does not apply to a transfer under this section.
(d)  This section does not apply if the student receiving special education services resides in a residential facility.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 12.01, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.0344. Transfer of Students Who Are Children of Peace Officers

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 322 (H.B. 1959), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 583 (H.B. 2892), Sec. 1, see other Sec. 25.0344.
Sec. 25.0344.  TRANSFER OF STUDENTS WHO ARE CHILDREN OF PEACE OFFICERS.  (a)  In this section, "peace officer" has the meaning assigned by Section 1701.001, Occupations Code.
(b)  On request of a peace officer who is a parent of or person standing in parental relation to a student, the board of trustees of a school district or the board's designee shall transfer the student to another district campus or to another school district under an agreement under Section 25.035.
(c)  A transfer under this section must be to the campus or school district, as applicable, selected by the peace officer making the request.
(d)  A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 322 (H.B. 1959), Sec. 1, eff. June 2, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.0344. Transfer of Students Who Are Children of Servicemembers

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 583 (H.B. 2892), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 322 (H.B. 1959), Sec. 1, see other Sec. 25.0344.
Sec. 25.0344.  TRANSFER OF STUDENTS WHO ARE CHILDREN OF SERVICEMEMBERS.  (a)  In this section, "servicemember" means an active duty member of the armed forces of the United States, a reserve component of the armed forces of the United States, or the Texas National Guard.
(b)  On request of a servicemember who is a parent of or person standing in parental relation to a student, the board of trustees of a school district or the board's designee shall transfer the student to another district campus or to another school district under an agreement under Section 25.035.
(c)  A transfer under this section must be to the campus or school district, as applicable, selected by the servicemember making the request.
(d)  A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 583 (H.B. 2892), Sec. 1, eff. June 11, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.035. Transfers Between Districts or Counties

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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.036. Transfer of Student

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 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.
(c)  In the case of a transfer under this section, a child's school district of residence shall provide the receiving district with the child's disciplinary record and any threat assessment involving the child's behavior conducted under Section 37.115.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.037. Transfer of State Funds

Sec. 25.037.  TRANSFER OF STATE FUNDS.  On the timely filing with the agency of notice of a child's transfer and certification by the agency of the transfer, the state available school fund apportionment transfers with the child.  For purposes of computing state allotments to school districts under the Foundation School Program, the attendance of the child before the date of transfer is counted by the transfer sending district and the attendance of the child after the date of transfer is counted by the transfer receiving district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.038. Tuition Fee for Transfer Students

Sec. 25.038.  TUITION FEE FOR TRANSFER STUDENTS.  The receiving school district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance, as determined by its board of trustees, exceeds the sum the district benefits from state aid sources as provided by Section 25.037.  However, unless a tuition fee is prescribed and set out in a transfer agreement before its execution by the parties, an increase in tuition charge may not be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.039. Contracts and Tuition for Education Outside District

Sec. 25.039.  CONTRACTS AND TUITION FOR EDUCATION OUTSIDE DISTRICT.  (a)  A school district that does not offer each grade level from kindergarten through grade 12 may provide by contract for students residing in the district who are at grade levels not offered by the district to be educated at those grade levels in one or more other districts.  In each contract, the districts also shall agree to the transfer of school funds or other payments proportionate to the transfer of attendance.
(b)  The school district in which the students reside shall pay tuition to any district with which it has a contract under this section for each of its students attending school in that district at a grade level for which the district has contracted.  The amount of the tuition paid may not exceed the greater of the amount provided for by Section 25.038 or an amount specified by commissioner rule.
(c)  A school district is not required to pay tuition to any district with which it has not contracted for the attendance by any of its students at a grade level for which it has contracted under this section with another district.
(d)  A contract under this section may not be for a period exceeding five years.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.32, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1069, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.040. Transfer to District of Bordering State

Sec. 25.040.  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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.041. Transfer of Children or Wards of Employees of State Supported Living Centers

Sec. 25.041.  TRANSFER OF CHILDREN OR WARDS OF EMPLOYEES OF STATE SUPPORTED LIVING CENTERS.  A school-age child or ward of an employee of a state supported living center for persons with intellectual disabilities constituted as a school district who resides in the boundaries of center property but who is not a student at the center is entitled to attend school in a district adjacent to the center free of any charge to the child's or ward's parent or guardian provided the parent or guardian is required by the superintendent of the center to live on the grounds of the center for the convenience of this state.  A tuition charge required by the admitting district shall be paid by the district constituting the state supported living center out of funds allotted to it by the agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.042. Transfer of Children of Employees of Texas Juvenile Justice Department Facilities

Sec. 25.042.  TRANSFER OF CHILDREN OF EMPLOYEES OF TEXAS JUVENILE JUSTICE DEPARTMENT FACILITIES.  A school-age child of an employee of a facility of the Texas Juvenile Justice Department is entitled to attend school in a school district adjacent to the district in which the student resides free of any charge to the student's parents or guardian.  Any tuition charge required by the admitting district shall be paid by the district from which the student transfers out of any funds appropriated to the facility.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 21, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.043. Classroom Placement of Multiple Birth Siblings

Sec. 25.043.  CLASSROOM PLACEMENT OF MULTIPLE BIRTH SIBLINGS.  (a)  In this section:
(1)  "Multiple birth sibling" means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth.
(2)  "Parent" includes a person standing in parental relation.
(b)  The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing, not later than the 14th day after the first day of enrollment, that the school place the siblings in the same classroom or in separate classrooms.
(c)  Except as provided by Subsection (d) or (g), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.
(d)  At the end of the first grading period following the multiple birth siblings' enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.
(e)  A parent may appeal the principal's classroom placement of multiple birth siblings in the manner provided by school district policy.  During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.
(f)  The school may recommend to a parent the appropriate classroom placement for the multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.
(g)  A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.
(h)  This section does not affect:
(1)  a right or obligation under Subchapter A, Chapter 29, or under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) regarding the individual placement decisions of the school district admission, review, and dismissal committee; or
(2)  the right of a school district or teacher to remove a student from a classroom under Chapter 37.
Added by Acts 2007, 80th Leg., R.S., Ch. 91 (H.B. 314), Sec. 1, eff. May 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter B. Assignments and Transfers › Section 25.045. Transfer to District Offering In-Person Instruction

Sec. 25.045.  TRANSFER TO DISTRICT OFFERING IN-PERSON INSTRUCTION.  (a)  In this section, "virtual instruction" means instructional activities delivered to students primarily over the Internet.
(b)  If a school district provides notice to the parent or person standing in parental relation to a student enrolled in the district of the district's intent to offer only virtual instruction for more than one grading period during a school year, the student may transfer for that school year to another school district that:
(1)  offers in-person instruction during that school year; and
(2)  accepts the student's transfer.
(c)  A student who transfers to another school district under this section may not be charged tuition.  The student is included in the average daily attendance of the district in which the student attends school.
(d)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 843 (S.B. 481), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter C. Operation of Schools and School Attendance › Section 25.0811. First Day of Instruction

Sec. 25.0811.  FIRST DAY OF INSTRUCTION.  (a)  Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August.  A school district may:
(1)  begin instruction for students for a school year before the fourth Monday in August if the district operates a year-round system under Section 25.084; or
(2)  begin instruction for students for a school year on or after the first Monday in August at a campus or at not more than 20 percent of the campuses in the district if:
(A)  the district has a student enrollment of 190,000 or more;
(B)  the district at the beginning of the school year provides, financed with local funds, days of instruction for students at the campus or at each of the multiple campuses, in addition to the minimum number of days of instruction required under Section 25.081;
(C)  the campus or each of the multiple campuses are undergoing comprehensive reform, as determined by the board of trustees of the district; and
(D)  a majority of the students at the campus or at each of the multiple campuses are educationally disadvantaged.
(b)  Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may start school on any date permitted under Subsection (a) or the law of the other state.
(c)  Repealed by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 9.03, eff. May 31, 2006.
Added by Acts 2001, 77th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.02, eff. May 31, 2006.
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.03, eff. May 31, 2006.
Acts 2007, 80th Leg., R.S., Ch. 708 (H.B. 2171), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 277 (H.B. 1555), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter C. Operation of Schools and School Attendance › Section 25.0812. Last Day of School

Sec. 25.0812.  LAST DAY OF SCHOOL.  (a)  Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.
(b)  Notwithstanding Subsection (a), a school district that does not offer each grade level from kindergarten through grade 12 and whose prospective or former students generally attend school in another state for the grade levels the district does not offer may schedule the last day of school on any date permitted under Subsection (a) or the law of the other state.
Added by Acts 2015, 84th Leg., R.S., Ch. 1084 (H.B. 2610), Sec. 2, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle E - Students and Parents › Chapter 25 - Admission, Transfer, and Attendance › Subchapter C. Operation of Schools and School Attendance › Section 25.0815. Operation and Instructional Time Waivers for School Safety Training

Sec. 25.0815.  OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING.  (a)  The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.
(b)  A waiver under this section:
(1)  must allow sufficient time for the school district's educators to attend the school safety training course; and
(2)  may not:
(A)  result in an inadequate number of minutes of instructional time for students; or
(B)  reduce the number of minutes of operation and instructional time by more than 420 minutes.
(c)  To be approved under this section, a school safety training course must apply to the Texas School Safety Center.  The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.
(d)  The commissioner may adopt rules to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 6, eff. June 6, 2019.