By:  Bivins                                            S.B. No. 206
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the transfer of and funding for public school students
 1-3     who are the victims of certain criminal offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 37, Education Code, is
 1-6     amended by adding Section 37.0071 to read as follows:
 1-7           Sec. 37.0071.  TRANSFER OF AND FUNDING FOR VICTIMS.  (a)  On
 1-8     the request of a parent or other person with authority to act on
 1-9     behalf of a student who was the victim of conduct described by
1-10     Section 37.007(a)(2), the board of trustees of the school district
1-11     shall, to the extent practicable, ensure that the victim and the
1-12     student who engaged in the conduct are not assigned to the same
1-13     campus, transportation route, or extracurricular program.  The
1-14     decision of the board of trustees as to the practicability of
1-15     reassigning a student is final and may not be appealed.  This
1-16     subsection applies regardless of where the offense occurred.
1-17           (b)  If the board of trustees determines that it is not
1-18     practicable for the victim and the student who engaged in the
1-19     conduct to be assigned to separate campuses, routes, and programs,
1-20     a school district to which the victim transfers under Section
1-21     25.036 is entitled to, for that school year and for each succeeding
1-22     school year that the victim and the student who engaged in the
1-23     conduct would be assigned to the same campus in the victim's former
1-24     district, tuition from the district from which the victim transfers
1-25     in the amount authorized under Section 25.039(b), without regard to
 2-1     the grade levels offered by the district from which the student
 2-2     transfers.
 2-3           (c)  A payment under Subsection (b) to a district shall be
 2-4     prorated based on the portion of the school year a student attends
 2-5     school under this section in the district.
 2-6           (d)  On request of the school district to which the student
 2-7     transfers, the agency shall:
 2-8                 (1)  transfer to that district, along with any state
 2-9     funds transferred to the district under Section 25.037, an amount
2-10     equal to the amount of the tuition payment to which the district is
2-11     entitled under Subsection (b); and
2-12                 (2)  withhold an amount equal to the amount of that
2-13     tuition payment from:
2-14                       (A)  Foundation School Program payments to which
2-15     the district from which the student transferred is entitled under
2-16     Chapter 42 for the school year; or
2-17                       (B)  other funds paid by the agency to that
2-18     district, in the case of a district that does not receive
2-19     Foundation School Program payments.
2-20           (e)  A determination by the commissioner concerning the
2-21     amount of the payment to which the district is entitled under
2-22     Subsection (b) is final and may not be appealed.
2-23           (f)  The commissioner may adopt rules as necessary to
2-24     implement and administer this section.
2-25           SECTION 2.  This Act applies beginning with the 2001-2002
2-26     school year.
 3-1           SECTION 3.  This Act takes effect immediately if it receives
 3-2     a vote of two-thirds of all the members elected to each house, as
 3-3     provided by Section 39, Article III, Texas Constitution.  If this
 3-4     Act does not receive the vote necessary for immediate effect, this
 3-5     Act takes effect September 1, 2001.