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.
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