By: Dominguez, Huberty, Buckley H.B. No. 2391       A BILL TO BE ENTITLED   AN ACT   relating to the methods by which students may be admitted to public   schools or transfer within a school district and the disclosure of   information regarding public school admission methods.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 12.117, Education Code,   is amended to read as follows:          Sec. 12.117.  ADMISSION AND ENROLLMENT.          SECTION 2.  Section 12.117, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),   and (b-1) to read as follows:          (a)  For admission and enrollment to an open-enrollment   charter school, the governing body of the school shall:                (1)  require the applicant to complete and submit the   common admission application form described by Section 12.1173 not   later than a reasonable deadline the school establishes; and                (2)  on receipt of more acceptable applications for   admission under this section than available positions in a grade   level or campus [the school]:                      (A)  fill the available positions by lottery; or                      (B)  subject to Subsection (b), fill the available   positions in the order in which applications received before the   application deadline were received.          (a-1)  An open-enrollment charter school that fills   available positions by lottery under Subsection (a)(2)(A) may use a   weighted lottery that assigns weights to applicants so that an   applicant's probability of admission increases if the applicant   satisfies criteria selected by the school. The school may increase   an applicant's probability of admission if the applicant is:                (1)  eligible to participate in a special education   program under Section 29.003; or                (2)  a student of limited English proficiency, as   defined by Section 29.052.          (a-2)  The commissioner shall adopt rules regarding the   implementation of a weighted lottery under Subsection (a-1),   including rules that:                (1)  establish the information an open-enrollment   charter school may request an applicant to provide that is limited   in scope to only the information necessary for the school to   implement the lottery; and                (2)  ensure compliance with:                      (A)  federal law regarding the confidentiality of   student medical or educational information, including the Health   Insurance Portability and Accountability Act of 1996 (42 U.S.C.   Section 1320d et seq.) and the Family Educational Rights and   Privacy Act of 1974 (20 U.S.C. Section 1232g); and                      (B)  any state law relating to the privacy of   student information.          (a-3)  An open-enrollment charter school that uses a   weighted lottery under Subsection (a-1) shall:                (1)  include in the school's admission and enrollment   policy the information requested under Subsection (a-2)(1) that the   school uses for the lottery;                (2)  provide notice of the information requested of an   applicant under Subsection (a-2)(1) only if the school receives   more acceptable applications for admission than available   positions in the school;                (3)  clearly mark all information requested under   Subdivision (2) as optional; and                (4)  use any information provided by an applicant under   Subdivision (2) only to determine if the applicant's probability of   admission will increase in accordance with Subsection (a-1).          (b-1)  An open-enrollment charter school shall make publicly   available and post in a prominent and appropriate location on the   school's public Internet website, if the school maintains a public   Internet website, notice of the school's admission and enrollment   policy, including:                (1)  the method by which the school fills available   positions in the school, including whether the school uses:                      (A)  a lottery; or                      (B)  a weighted lottery; and                (2)  if the school fills available positions by   weighted lottery under Subsection (a-1), the weights assigned to   applicants under that subsection.          SECTION 3.  Section 25.001, Education Code, is amended by   adding Subsections (k) and (l) to read as follows:          (k)  If a school district elects to admit students not   described by Subsection (b) into the district's schools by lottery,   the district may use a weighted lottery that assigns weights to   applicants so that an applicant's probability of admission   increases if the applicant satisfies criteria selected by the   district. The district may increase an applicant's probability of   admission if the applicant is:                (1)  eligible to participate in a special education   program under Section 29.003; or                (2)  a student of limited English proficiency, as   defined by Section 29.052.          (l)  If a school district elects to admit students not   described by Subsection (b) into the district's schools, the   district shall make publicly available and post in a prominent and   appropriate location on the district's public Internet website, if   the district maintains a public Internet website, notice of:                (1)  the method by which the district admits those   students; and                (2)  if the district uses a weighted lottery to admit   those students under Subsection (k), the weights assigned to   applicants for the lottery.          SECTION 4.  Subchapter B, Chapter 25, Education Code, is   amended by adding Section 25.0311 to read as follows:          Sec. 25.0311.  TRANSFER WITHIN DISTRICT BY LOTTERY. If the   board of trustees of a school district elects to allow a student   enrolled in the district to transfer from the student's assigned   campus to another campus in the district by lottery, the board may   use a weighted lottery that assigns weights to applicants so that an   applicant's probability of receiving the transfer increases if the   applicant is:                (1)  eligible to participate in the school's special   education program under Section 29.003; or                (2)  a student of limited English proficiency, as   defined by Section 29.052.          SECTION 5.  This Act applies beginning with the 2022-2023   school year.          SECTION 6.  This Act takes effect September 1, 2021.