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A BILL TO BE ENTITLED
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AN ACT
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relating to providing for an election by the parent of a student who |
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was victimized by a public school employee to transfer the student |
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to another public school campus or receive funding for the student |
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to attend private school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. PROTECTIONS FOR STUDENTS VICTIMIZED BY SCHOOL |
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EMPLOYEES |
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Sec. 38.501. SCHOOL CHOICE. The parent of an eligible |
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student may elect for the student to: |
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(1) be transferred to another school district campus |
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as provided by Section 38.503; or |
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(2) receive funding for the cost of educating the |
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student in a private school, including a home school, as provided by |
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Section 38.504. |
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Sec. 38.502. ELIGIBILITY. (a) A student is eligible for |
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purposes of this subchapter if: |
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(1) the student is enrolled in a school district; and |
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(2) an employee of the school district in which the |
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student is enrolled: |
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(A) is convicted of or placed on deferred |
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adjudication community supervision for an offense committed |
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against the student; |
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(B) is the subject of a report under Section |
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21.006 or 22.093 on the basis of evidence that the employee engaged |
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in misconduct described by the applicable section with the student; |
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or |
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(C) engages in child grooming against the student |
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by, with the intent that an offense under Chapter 43, Penal Code, or |
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an offense involving sexual activity, the occurrence of which would |
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subject the employee to criminal liability under Chapter 20A, 21, |
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or 22, Penal Code, be committed, knowingly persuading, inducing, |
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enticing, or coercing, or attempting to persuade, induce, entice, |
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or coerce, the student to engage in specific conduct that, under the |
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circumstances surrounding the employee's conduct as the employee |
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believes them to be, would: |
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(i) constitute an offense under Chapter 43, |
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Penal Code, or an offense involving sexual activity the occurrence |
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of which would subject the employee to criminal liability under |
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Chapter 20A, 21, or 22, Penal Code; or |
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(ii) make the student a party to the |
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commission of an offense described by Subparagraph (i). |
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(b) A student may participate in the program until the |
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earliest of the following dates: |
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(1) the date on which the student graduates from high |
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school; or |
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(2) the date on which the student is no longer eligible |
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to attend a public school under Section 25.001. |
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Sec. 38.503. TRANSFER. (a) On request of the parent of an |
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eligible student, the board of trustees of the school district in |
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which the student is enrolled shall transfer the student to: |
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(1) another district campus; or |
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(2) a neighboring school district, if there is only |
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one campus in the district serving the grade level in which the |
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student is enrolled. |
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(b) A transfer under this section must be to a campus or |
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school district, as applicable, agreeable to the student's parent. |
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(c) Section 25.034 does not apply to a transfer under this |
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section. |
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(d) A school district is not required to provide |
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transportation to a student who transfers to another campus or |
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school district under this section. |
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Sec. 38.504. PRIVATE SCHOOL FUNDING. (a) If the parent of |
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an eligible student elects for the student to enroll in a private |
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school, including a home school, the parent is entitled to receive |
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from the state an annual amount equal to the amount to which the |
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school district in which the student resides would be entitled to |
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receive for the student under Chapter 48 if the student were |
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enrolled in the district. |
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(b) Money received under this section may be used only for |
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the following educational expenses of the student: |
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(1) the payment of tuition and fees at a private school |
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accredited by an organization that is recognized by the Texas |
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Private School Accreditation Commission; or |
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(2) the purchase of a curriculum, instructional |
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materials, or other educational items required for homeschooling, |
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as provided by commissioner rule. |
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(c) A payment under Subsection (a) may not be financed using |
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federal funds or money appropriated from the available school fund. |
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(d) A private school selected by the parent of an eligible |
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student for the student to attend may not be required to comply with |
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any state law or rule governing the school's educational program |
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that was not in effect on January 1, 2023. |
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Sec. 38.505. RULES. The commissioner shall adopt rules as |
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necessary to implement this subchapter, including rules to prevent |
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fraud or abuse. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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