Texas 2023 - 88th Regular

Texas Senate Bill SB1557 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Parker, Middleton S.B. No. 1557
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to providing for an election by the parent of a student who
7	7	was victimized by a public school employee to transfer the student
8	8	to another public school campus or receive funding for the student
9	9	to attend private school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 38, Education Code, is amended by adding
12	12	Subchapter J to read as follows:
13	13	SUBCHAPTER J. PROTECTIONS FOR STUDENTS VICTIMIZED BY SCHOOL
14	14	EMPLOYEES
15	15	Sec. 38.501. SCHOOL CHOICE. The parent of an eligible
16	16	student may elect for the student to:
17	17	(1) be transferred to another school district campus
18	18	as provided by Section 38.503; or
19	19	(2) receive funding for the cost of educating the
20	20	student in a private school, including a home school, as provided by
21	21	Section 38.504.
22	22	Sec. 38.502. ELIGIBILITY. (a) A student is eligible for
23	23	purposes of this subchapter if:
24	24	(1) the student is enrolled in a school district; and
25	25	(2) an employee of the school district in which the
26	26	student is enrolled:
27	27	(A) is convicted of or placed on deferred
28	28	adjudication community supervision for an offense committed
29	29	against the student;
30	30	(B) is the subject of a report under Section
31	31	21.006 or 22.093 on the basis of evidence that the employee engaged
32	32	in misconduct described by the applicable section with the student;
33	33	or
34	34	(C) engages in child grooming against the student
35	35	by, with the intent that an offense under Chapter 43, Penal Code, or
36	36	an offense involving sexual activity, the occurrence of which would
37	37	subject the employee to criminal liability under Chapter 20A, 21,
38	38	or 22, Penal Code, be committed, knowingly persuading, inducing,
39	39	enticing, or coercing, or attempting to persuade, induce, entice,
40	40	or coerce, the student to engage in specific conduct that, under the
41	41	circumstances surrounding the employee's conduct as the employee
42	42	believes them to be, would:
43	43	(i) constitute an offense under Chapter 43,
44	44	Penal Code, or an offense involving sexual activity the occurrence
45	45	of which would subject the employee to criminal liability under
46	46	Chapter 20A, 21, or 22, Penal Code; or
47	47	(ii) make the student a party to the
48	48	commission of an offense described by Subparagraph (i).
49	49	(b) A student may participate in the program until the
50	50	earliest of the following dates:
51	51	(1) the date on which the student graduates from high
52	52	school; or
53	53	(2) the date on which the student is no longer eligible
54	54	to attend a public school under Section 25.001.
55	55	Sec. 38.503. TRANSFER. (a) On request of the parent of an
56	56	eligible student, the board of trustees of the school district in
57	57	which the student is enrolled shall transfer the student to:
58	58	(1) another district campus; or
59	59	(2) a neighboring school district, if there is only
60	60	one campus in the district serving the grade level in which the
61	61	student is enrolled.
62	62	(b) A transfer under this section must be to a campus or
63	63	school district, as applicable, agreeable to the student's parent.
64	64	(c) Section 25.034 does not apply to a transfer under this
65	65	section.
66	66	(d) A school district is not required to provide
67	67	transportation to a student who transfers to another campus or
68	68	school district under this section.
69	69	Sec. 38.504. PRIVATE SCHOOL FUNDING. (a) If the parent of
70	70	an eligible student elects for the student to enroll in a private
71	71	school, including a home school, the parent is entitled to receive
72	72	from the state an annual amount equal to the amount to which the
73	73	school district in which the student resides would be entitled to
74	74	receive for the student under Chapter 48 if the student were
75	75	enrolled in the district.
76	76	(b) Money received under this section may be used only for
77	77	the following educational expenses of the student:
78	78	(1) the payment of tuition and fees at a private school
79	79	accredited by an organization that is recognized by the Texas
80	80	Private School Accreditation Commission; or
81	81	(2) the purchase of a curriculum, instructional
82	82	materials, or other educational items required for homeschooling,
83	83	as provided by commissioner rule.
84	84	(c) A payment under Subsection (a) may not be financed using
85	85	federal funds or money appropriated from the available school fund.
86	86	(d) A private school selected by the parent of an eligible
87	87	student for the student to attend may not be required to comply with
88	88	any state law or rule governing the school's educational program
89	89	that was not in effect on January 1, 2023.
90	90	Sec. 38.505. RULES. The commissioner shall adopt rules as
91	91	necessary to implement this subchapter, including rules to prevent
92	92	fraud or abuse.
93	93	SECTION 2. This Act applies beginning with the 2023-2024
94	94	school year.
95	95	SECTION 3. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2023.