FDA(LEGAL) - ADMISSIONS: INTERDISTRICT TRANSFERS
Note: The Board has adopted an innovation plan that affects application of provisions in this legally referenced policy.
Agreement Between Districts
The board may, by means of a mutual agreement with the board of an adjoining district, transfer any student to the jurisdiction of that adjoining district. All transfers shall be made pursuant to the requirements of Education Code 25.032 through 25.034. The board, together with the board of the adjoining district, shall agree to the transfer of school funds proportionate to the transfer of attendance when such interdistrict transfers are made. Education Code 25.035
Initiated by Student or Parent
Any student, other than a high school graduate, who is under 21 years of age and eligible for enrollment on September 1, may transfer to another Texas district, provided that both the receiving district and the applicant's parent, guardian, or person having lawful control agree in writing to the transfer. Education Code 25.036 [See also FD]
Transfer to a District Offering In-Person Instruction
If a 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 district that offers in-person instruction during that school year and accepts the student's transfer.
"Virtual instruction" means instructional activities delivered to students primarily over the internet.
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.
Education Code 25.045
Basis for Transfer
The board or its designee must make transfer decisions on an individual basis and may not consider as a factor in arriving at any decision regarding assignments any matter relating to the national origin of the student or the student's ancestral language. Education Code 25.032 [See FDAA]
A board may establish and operate an economical public school transportation system outside the district if students enrolled in the district reside outside the district and the district meets the requirements of Education Code 34.007(a)(3) [see CNA]. Education Code 34.007(a)
Funding for Transfers
Upon the filing and certification of any transfer, the state per capita apportionment shall transfer with the student. For purposes of computing state allotments to districts eligible under the Foundation School Program, the student's attendance prior to the date of transfer shall be counted by the sending district and the student's attendance after transfer shall be counted by the receiving district. Education Code 25.037
The district may charge a tuition fee to the extent that the district's actual expenditure per student in average daily attendance exceeds the sum of state available school fund apportionment benefits transferred to the district under Education Code 25.037. However, unless a tuition fee is prescribed and set out in a transfer agreement prior to its execution by the parties, no increase in tuition charge shall be made for the year of that transfer that exceeds the tuition charge, if any, of the preceding school year. Education Code 25.038
Tuition for Education Outside District
Home districts that do not offer each grade, kindergarten–grade 12, shall pay tuition to the district if they have a contract to educate students in grades not taught in the home district. If the home district has contracted for students to attend another district(s), it shall not be required to pay tuition to any district with which it has not contracted. A contract under this section may not be for a period exceeding five years.
The amount of tuition paid may not exceed the greater of:
- The amount by which the district's actual expenditure per student in average daily attendance exceeds the sum the district receives from state aid sources, as provided by Education Code 25.037. However, the district may not charge more than the tuition charge for the preceding school year unless a tuition fee is set out in a transfer agreement; or
- The calculated tuition limit specified by commissioner's rule.
Under the commissioner's rule, tuition charged to the home district for a transfer student in payment for that student's education may not exceed the district's calculated tuition limit. The calculated tuition limit applies only to tuition paid to the district for the education of a student at a grade level not offered in the home district.
The calculated tuition limit is the sum of the excess maintenance and operations (M&O) revenue per enrollee and the excess debt revenue per enrollee as calculated in accordance with 19 Administrative Code 61.1012(b).
Education Code 25.038, .039; 19 TAC 61.1012
Credits and Records
Credits earned in local credit courses may be transferred at the enrolling district's discretion. Transfer students shall not be prohibited from attending school pending receipt of transcripts or academic records from the district the student previously attended. 19 TAC 74.26(a)(1)
Records and transcripts of students from Texas nonpublic schools or from out of state or out of the country (including foreign exchange students) shall be evaluated, and students shall be placed promptly in appropriate classes. The district may use a wide variety of methods to verify the content of courses for which a transfer student has earned credit. 19 TAC 74.26(a)(2)