By Bivins                                              S.B. No. 206
         77R2616 CAS-D                           
                                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 district to which the victim transfers under Section 25.036 is
1-21     entitled to additional funding as follows for that school year and
1-22     for each succeeding school year that the victim and the student who
1-23     engaged in the conduct would be assigned to the same campus in the
1-24     victim's former district:
 2-1                 (1)  an allotment under Section 42.157(a), as if the
 2-2     student were using a public education grant to attend school in the
 2-3     district; and
 2-4                 (2)  a payment from the district from which the student
 2-5     transferred in an amount computed in the manner provided under
 2-6     Section 37.0061 for computing the amount of the funds transferred
 2-7     to a district providing educational services.
 2-8           (c)  Payments to a district under Subsection (b) shall be
 2-9     prorated based on the portion of the school year a student attends
2-10     school in the district under this section.
2-11           (d)  Notwithstanding Section 25.038, a district that receives
2-12     funding under this section may not charge a tuition fee.
2-13           SECTION 2.  This Act applies beginning with the 2001-2002
2-14     school year.
2-15           SECTION 3.  This Act takes effect immediately if it receives
2-16     a vote of two-thirds of all the members elected to each house, as
2-17     provided by Section 39, Article III, Texas Constitution.  If this
2-18     Act does not receive the vote necessary for immediate effect, this
2-19     Act takes effect September 1, 2001.