Bill Text: TX HB46 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to establishing the safety protection grant program under which the parent of a student whose safety is in jeopardy may elect to transfer the student to another public school campus or receive funding for the student to attend private school.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-07 - Filed [HB46 Detail]
Download: Texas-2023-HB46-Introduced.html
| 88S40087 CXP-F | ||
| By: Isaac | H.B. No. 46 | |
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| relating to establishing the safety protection grant program under | ||
| which the parent of a student whose safety is in jeopardy may elect | ||
| to transfer the student to another public school campus or receive | ||
| funding for the student to attend private school. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Education Code, is amended by adding | ||
| Subchapter J to read as follows: | ||
| SUBCHAPTER J. SAFETY PROTECTION GRANT PROGRAM | ||
| Sec. 38.501. DEFINITION. In this subchapter, "program" | ||
| means the safety protection grant program established under this | ||
| subchapter. | ||
| Sec. 38.502. SCHOOL CHOICE. Under the safety protection | ||
| grant program, the parent of an eligible student may elect for the | ||
| student to: | ||
| (1) be transferred to another school district campus | ||
| as provided by Section 38.504; or | ||
| (2) receive a safety protection grant to offset the | ||
| cost of educating the student in a private school, including a home | ||
| school, as provided by Section 38.505. | ||
| Sec. 38.503. ELIGIBILITY. (a) A student is eligible to | ||
| participate in the program if: | ||
| (1) the student is enrolled in a school district; and | ||
| (2) the student's parent determines that the student's | ||
| safety is in jeopardy at the school in which the student is | ||
| enrolled. | ||
| (b) A student may participate in the program until the | ||
| earliest of the following dates: | ||
| (1) the date on which the student graduates from high | ||
| school; or | ||
| (2) the date on which the student is no longer eligible | ||
| to attend a public school under Section 25.001. | ||
| Sec. 38.504. TRANSFER. (a) On request of the parent of an | ||
| eligible student, the board of trustees of the school district in | ||
| which the student is enrolled shall transfer the student to: | ||
| (1) another district campus; or | ||
| (2) another school district. | ||
| (b) A transfer under this section must be to a campus or | ||
| school district, as applicable, agreeable to the student's parent. | ||
| (c) Section 25.034 does not apply to a transfer under this | ||
| section. | ||
| (d) A receiving school district may not charge a tuition fee | ||
| under Section 25.038 to a student who transfers to the district | ||
| under this section. | ||
| (e) A school district to which a student seeks to transfer | ||
| under this section may accept or reject the transfer request in | ||
| accordance with district policy. | ||
| Sec. 38.505. FINANCING. (a) A student who transfers to a | ||
| school district other than the district in which the student | ||
| resides under the program is included in the average daily | ||
| attendance of the district in which the student attends school. | ||
| (b) A school district is entitled to the allotment provided | ||
| by Section 48.1075 for each eligible student participating in the | ||
| program. If the district has a local revenue level greater than the | ||
| guaranteed local revenue level but less than the level established | ||
| under Section 48.257, a school district is entitled under rules | ||
| adopted by the commissioner to additional state aid in an amount | ||
| equal to the difference between the cost to the district of | ||
| providing services to a student participating in the program and | ||
| the sum of the state aid received because of the allotment under | ||
| Section 48.1075 and money from the available school fund | ||
| attributable to the student. | ||
| (c) A school district is entitled to additional facilities | ||
| assistance under Section 48.3015 if the district agrees to: | ||
| (1) accept a number of students participating in the | ||
| program that is at least one percent of the district's average daily | ||
| attendance for the preceding school year; and | ||
| (2) provide services to each student participating in | ||
| the program until the student: | ||
| (A) voluntarily decides to attend another | ||
| school; | ||
| (B) graduates from high school; or | ||
| (C) is no longer eligible to attend a public | ||
| school under Section 25.001. | ||
| (d) If a student's parent elects for the student to receive | ||
| a safety protection grant to attend a private school under the | ||
| program, the amount of the grant is the lesser of: | ||
| (1) the amount of the allotment a school district | ||
| would have been entitled to receive for the student under Section | ||
| 48.1075(a) if the student had transferred to the district under the | ||
| program; or | ||
| (2) the amount of tuition charged for the student by | ||
| the private school. | ||
| (e) Federal money or money in the available school fund may | ||
| not be used to pay for safety protection grants under the program. | ||
| Sec. 38.506. SAFETY PROTECTION ACCOUNT. (a) The safety | ||
| protection account is an account in the foundation school fund | ||
| administered by the comptroller. | ||
| (b) The account consists of: | ||
| (1) money transferred to the credit of the account | ||
| under Section 48.310; | ||
| (2) investment earnings and interest earned on money | ||
| in the account; and | ||
| (3) other amounts appropriated to the account by the | ||
| legislature. | ||
| (c) Money in the account may be used only to award safety | ||
| protection grants for students to attend a private school under the | ||
| program. | ||
| Sec. 38.507. RULES. The commissioner shall adopt rules as | ||
| necessary to implement this subchapter, including rules to prevent | ||
| fraud or abuse. The rules may not affect or attempt to control the | ||
| program, curriculum, or other operation of a private school that | ||
| receives money under the program. | ||
| SECTION 2. Subchapter C, Chapter 48, Education Code, is | ||
| amended by adding Section 48.1075 to read as follows: | ||
| Sec. 48.1075. SAFETY PROTECTION GRANT PROGRAM ALLOTMENT. | ||
| (a) Except as provided by Subsection (b), for each student in | ||
| average daily attendance who is participating in the safety | ||
| protection grant program under Subchapter J, Chapter 38, to attend | ||
| school in a district other than the district in which the student | ||
| resides, the district in which the student attends school is | ||
| entitled to an annual allotment equal to the basic allotment | ||
| multiplied by a weight of 0.1. | ||
| (b) The total number of allotments under this section to | ||
| which a district is entitled may not exceed the number by which the | ||
| number of students participating in the safety protection grant | ||
| program to attend school in the district exceeds the number of | ||
| students who reside in the district and participate in the safety | ||
| protection grant program to attend school in another district. | ||
| SECTION 3. Subchapter G, Chapter 48, Education Code, is | ||
| amended by adding Sections 48.3015 and 48.310 to read as follows: | ||
| Sec. 48.3015. ADDITIONAL ASSISTANCE FOR DISTRICTS WITH | ||
| STUDENTS PARTICIPATING IN SAFETY PROTECTION GRANT PROGRAM. (a) A | ||
| district is entitled to additional assistance under this section as | ||
| provided by Section 38.505(c). | ||
| (b) The amount of additional assistance under this section | ||
| is computed by subtracting the number of students residing in the | ||
| district and participating in the safety protection grant program | ||
| to attend school in another district for the year in which the | ||
| assistance is granted from the number of students participating in | ||
| the safety protection grant program to attend school in the | ||
| district for that year and multiplying the difference by $266. | ||
| Sec. 48.310. SAFETY PROTECTION GRANT. (a) A person to whom | ||
| the commissioner awards a safety protection grant under Subchapter | ||
| J, Chapter 38, is entitled to receive an amount equal to the amount | ||
| of the grant as provided by that subchapter. | ||
| (b) The agency shall transfer to the credit of the safety | ||
| protection account established under Section 38.506 the amount | ||
| appropriated to the agency for purposes of this section for use by | ||
| the commissioner in awarding grants as provided by Subchapter J, | ||
| Chapter 38. | ||
| SECTION 4. This Act applies beginning with the 2024-2025 | ||
| school year. | ||
| SECTION 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
