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.