1-1 By: Bivins S.B. No. 206 1-2 (In the Senate - Filed January 9, 2001; January 11, 2001, 1-3 read first time and referred to Committee on Education; 1-4 February 12, 2001, reported adversely, with favorable Committee 1-5 Substitute; February 13, 2001, recommitted to Committee on 1-6 Education; March 1, 2001, reported adversely, with favorable 1-7 Committee Substitute by the following vote: Yeas 8, Nays 0; 1-8 March 1, 2001, sent to printer.) 1-9 COMMITTEE SUBSTITUTE FOR S.B. No. 206 By: Bivins 1-10 A BILL TO BE ENTITLED 1-11 AN ACT 1-12 relating to the transfer of and funding for public school students 1-13 who are the victims of certain criminal offenses. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Subchapter A, Chapter 37, Education Code, is 1-16 amended by adding Section 37.0071 to read as follows: 1-17 Sec. 37.0071. TRANSFER OF AND FUNDING FOR VICTIMS. (a) On 1-18 the request of a parent or other person with authority to act on 1-19 behalf of a student who was the victim of conduct described by 1-20 Section 37.007(a)(2), the board of trustees of the school district 1-21 shall, to the extent practicable, ensure that the victim and the 1-22 student who engaged in the conduct are not assigned to the same 1-23 campus, transportation route, or extracurricular program. The 1-24 decision of the board of trustees as to the practicability of 1-25 reassigning a student is final and may not be appealed. This 1-26 subsection applies regardless of where the offense occurred. 1-27 (b) If the board of trustees determines that it is not 1-28 practicable for the victim and the student who engaged in the 1-29 conduct to be assigned to separate campuses, routes, and programs, 1-30 a school district to which the victim transfers under Section 1-31 25.036 is entitled to, for that school year and for each succeeding 1-32 school year that the victim and the student who engaged in the 1-33 conduct would be assigned to the same campus in the victim's former 1-34 district, tuition from the district from which the victim transfers 1-35 in the amount authorized under Section 25.039(b), without regard to 1-36 the grade levels offered by the district from which the student 1-37 transfers. 1-38 (c) A payment under Subsection (b) to a district shall be 1-39 prorated based on the portion of the school year a student attends 1-40 school under this section in the district. 1-41 (d) On request of the school district to which the student 1-42 transfers, the agency shall: 1-43 (1) transfer to that district, along with any state 1-44 funds transferred to the district under Section 25.037, an amount 1-45 equal to the amount of the tuition payment to which the district is 1-46 entitled under Subsection (b); and 1-47 (2) withhold an amount equal to the amount of that 1-48 tuition payment from: 1-49 (A) Foundation School Program payments to which 1-50 the district from which the student transferred is entitled under 1-51 Chapter 42 for the school year; or 1-52 (B) other funds paid by the agency to that 1-53 district, in the case of a district that does not receive 1-54 Foundation School Program payments. 1-55 (e) A determination by the commissioner concerning the 1-56 amount of the payment to which the district is entitled under 1-57 Subsection (b) is final and may not be appealed. 1-58 (f) The commissioner may adopt rules as necessary to 1-59 implement and administer this section. 1-60 SECTION 2. This Act applies beginning with the 2001-2002 1-61 school year. 1-62 SECTION 3. This Act takes effect immediately if it receives 1-63 a vote of two-thirds of all the members elected to each house, as 1-64 provided by Section 39, Article III, Texas Constitution. If this 2-1 Act does not receive the vote necessary for immediate effect, this 2-2 Act takes effect September 1, 2001. 2-3 * * * * *