Bill Text: TX SB1557 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to providing for an election by the parent of a student who was victimized by a public school employee to transfer the student to another public school campus or receive funding for the student to attend private school.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2023-05-10 - Referred to Public Education [SB1557 Detail]

Download: Texas-2023-SB1557-Engrossed.html

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By: Parker, Middleton S.B. No. 1557

A BILL TO BE ENTITLED
AN ACT
relating to providing for an election by the parent of a student who
was victimized by a public school employee 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. PROTECTIONS FOR STUDENTS VICTIMIZED BY SCHOOL
EMPLOYEES
Sec. 38.501. SCHOOL CHOICE. The parent of an eligible
student may elect for the student to:
(1) be transferred to another school district campus
as provided by Section 38.503; or
(2) receive funding for the cost of educating the
student in a private school, including a home school, as provided by
Section 38.504.
Sec. 38.502. ELIGIBILITY. (a) A student is eligible for
purposes of this subchapter if:
(1) the student is enrolled in a school district; and
(2) an employee of the school district in which the
student is enrolled:
(A) is convicted of or placed on deferred
adjudication community supervision for an offense committed
against the student;
(B) is the subject of a report under Section
21.006 or 22.093 on the basis of evidence that the employee engaged
in misconduct described by the applicable section with the student;
or
(C) engages in child grooming against the student
by, with the intent that an offense under Chapter 43, Penal Code, or
an offense involving sexual activity, the occurrence of which would
subject the employee to criminal liability under Chapter 20A, 21,
or 22, Penal Code, be committed, knowingly persuading, inducing,
enticing, or coercing, or attempting to persuade, induce, entice,
or coerce, the student to engage in specific conduct that, under the
circumstances surrounding the employee's conduct as the employee
believes them to be, would:
(i) constitute an offense under Chapter 43,
Penal Code, or an offense involving sexual activity the occurrence
of which would subject the employee to criminal liability under
Chapter 20A, 21, or 22, Penal Code; or
(ii) make the student a party to the
commission of an offense described by Subparagraph (i).
(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. 38.503. 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) a neighboring school district, if there is only
one campus in the district serving the grade level in which the
student is enrolled.
(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 school district is not required to provide
transportation to a student who transfers to another campus or
school district under this section.
Sec. 38.504. PRIVATE SCHOOL FUNDING. (a) If the parent of
an eligible student elects for the student to enroll in a private
school, including a home school, the parent is entitled to receive
from the state an annual amount equal to the amount to which the
school district in which the student resides would be entitled to
receive for the student under Chapter 48 if the student were
enrolled in the district.
(b) Money received under this section may be used only for
the following educational expenses of the student:
(1) the payment of tuition and fees at a private school
accredited by an organization that is recognized by the Texas
Private School Accreditation Commission; or
(2) the purchase of a curriculum, instructional
materials, or other educational items required for homeschooling,
as provided by commissioner rule.
(c) A payment under Subsection (a) may not be financed using
federal funds or money appropriated from the available school fund.
(d) A private school selected by the parent of an eligible
student for the student to attend may not be required to comply with
any state law or rule governing the school's educational program
that was not in effect on January 1, 2023.
Sec. 38.505. RULES. The commissioner shall adopt rules as
necessary to implement this subchapter, including rules to prevent
fraud or abuse.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.