88S40087 CXP-F

By: Isaac H.B. No. 46

A BILL TO BE ENTITLED

AN ACT

relating to establishing the safety protection grant program under which the parent of a student whose safety is in jeopardy may elect to transfer the student to another public school campus or receive funding for the student to attend private school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Education Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. SAFETY PROTECTION GRANT PROGRAM

Sec. 38.501. DEFINITION. In this subchapter, "program" means the safety protection grant program established under this subchapter.

Sec. 38.502. SCHOOL CHOICE. Under the safety protection grant program, the parent of an eligible student may elect for the student to:

(1) be transferred to another school district campus as provided by Section 38.504; or

(2) receive a safety protection grant to offset the cost of educating the student in a private school, including a home school, as provided by Section 38.505.

Sec. 38.503. ELIGIBILITY. (a) A student is eligible to participate in the program if:

(1) the student is enrolled in a school district; and

(2) the student's parent determines that the student's safety is in jeopardy at the school in which the student is enrolled.

(b) A student may participate in the program until the earliest of the following dates:

(1) the date on which the student graduates from high school; or

(2) the date on which the student is no longer eligible to attend a public school under Section 25.001.

Sec. 38.504. TRANSFER. (a) On request of the parent of an eligible student, the board of trustees of the school district in which the student is enrolled shall transfer the student to:

(1) another district campus; or

(2) another school district.

(b) A transfer under this section must be to a campus or school district, as applicable, agreeable to the student's parent.

(c) Section 25.034 does not apply to a transfer under this section.

(d) A receiving school district may not charge a tuition fee under Section 25.038 to a student who transfers to the district under this section.

(e) A school district to which a student seeks to transfer under this section may accept or reject the transfer request in accordance with district policy.

Sec. 38.505. FINANCING. (a) A student who transfers to a school district other than the district in which the student resides under the program is included in the average daily attendance of the district in which the student attends school.

(b) A school district is entitled to the allotment provided by Section 48.1075 for each eligible student participating in the program. If the district has a local revenue level greater than the guaranteed local revenue level but less than the level established under Section 48.257, a school district is entitled under rules adopted by the commissioner to additional state aid in an amount equal to the difference between the cost to the district of providing services to a student participating in the program and the sum of the state aid received because of the allotment under Section 48.1075 and money from the available school fund attributable to the student.

(c) A school district is entitled to additional facilities assistance under Section 48.3015 if the district agrees to:

(1) accept a number of students participating in the program that is at least one percent of the district's average daily attendance for the preceding school year; and

(2) provide services to each student participating in the program until the student:

(A) voluntarily decides to attend another school;

(B) graduates from high school; or

(C) is no longer eligible to attend a public school under Section 25.001.

(d) If a student's parent elects for the student to receive a safety protection grant to attend a private school under the program, the amount of the grant is the lesser of:

(1) the amount of the allotment a school district would have been entitled to receive for the student under Section 48.1075(a) if the student had transferred to the district under the program; or

(2) the amount of tuition charged for the student by the private school.

(e) Federal money or money in the available school fund may not be used to pay for safety protection grants under the program.

Sec. 38.506. SAFETY PROTECTION ACCOUNT. (a) The safety protection account is an account in the foundation school fund administered by the comptroller.

(b) The account consists of:

(1) money transferred to the credit of the account under Section 48.310;

(2) investment earnings and interest earned on money in the account; and

(3) other amounts appropriated to the account by the legislature.

(c) Money in the account may be used only to award safety protection grants for students to attend a private school under the program.

Sec. 38.507. RULES. The commissioner shall adopt rules as necessary to implement this subchapter, including rules to prevent fraud or abuse. The rules may not affect or attempt to control the program, curriculum, or other operation of a private school that receives money under the program.

SECTION 2. Subchapter C, Chapter 48, Education Code, is amended by adding Section 48.1075 to read as follows:

Sec. 48.1075. SAFETY PROTECTION GRANT PROGRAM ALLOTMENT. (a) Except as provided by Subsection (b), for each student in average daily attendance who is participating in the safety protection grant program under Subchapter J, Chapter 38, to attend school in a district other than the district in which the student resides, the district in which the student attends school is entitled to an annual allotment equal to the basic allotment multiplied by a weight of 0.1.

(b) The total number of allotments under this section to which a district is entitled may not exceed the number by which the number of students participating in the safety protection grant program to attend school in the district exceeds the number of students who reside in the district and participate in the safety protection grant program to attend school in another district.

SECTION 3. Subchapter G, Chapter 48, Education Code, is amended by adding Sections 48.3015 and 48.310 to read as follows:

Sec. 48.3015. ADDITIONAL ASSISTANCE FOR DISTRICTS WITH STUDENTS PARTICIPATING IN SAFETY PROTECTION GRANT PROGRAM. (a) A district is entitled to additional assistance under this section as provided by Section 38.505(c).

(b) The amount of additional assistance under this section is computed by subtracting the number of students residing in the district and participating in the safety protection grant program to attend school in another district for the year in which the assistance is granted from the number of students participating in the safety protection grant program to attend school in the district for that year and multiplying the difference by $266.

Sec. 48.310. SAFETY PROTECTION GRANT. (a) A person to whom the commissioner awards a safety protection grant under Subchapter J, Chapter 38, is entitled to receive an amount equal to the amount of the grant as provided by that subchapter.

(b) The agency shall transfer to the credit of the safety protection account established under Section 38.506 the amount appropriated to the agency for purposes of this section for use by the commissioner in awarding grants as provided by Subchapter J, Chapter 38.

SECTION 4. This Act applies beginning with the 2024-2025 school year.

SECTION 5. This Act takes effect on the 91st day after the last day of the legislative session.