Texas 2025 - 89th Regular

Texas House Bill HB5338

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to providing for an election by the parent of a student who was victimized by a public school employee to transfer the student to another public school campus or receive funding for the student to attend private school.

Impact

If enacted, HB 5338 will allow eligible students—those victimized by school employees—certain rights that could fundamentally shift how cases of abuse or misconduct within the educational environment are handled. By providing parents with the ability to select alternative educational environments for their children, the bill promotes a form of school choice that directly responds to negative experiences. This change could lead to a more favorable educational experience for affected students, though it also raises questions about the broader implications for educational institutions and their accountability in addressing allegations of misconduct.

Summary

House Bill 5338 proposes significant reforms in the educational landscape by providing parents of students victimized by public school employees with the option to transfer their children to another public school or enable funding for private schooling. The legislation aims to address circumstances where a school employee has committed an offense against a student, either through conviction or misconduct allegations, thereby prioritizing student safety and well-being. The bill amends the Education Code to establish protections specifically tailored for these students and delineates clear paths for parental action in response to victimization.

Contention

There are notable points of contention regarding HB 5338. Proponents argue that the bill empowers parents and protects students from potentially harmful environments following incidents of victimization. Critics, however, may express concerns about the effectiveness of such a transfer system in ensuring accountability, as well as the potential financial implications on public schools due to the funding mechanism for private schooling. Furthermore, debates surrounding whether this legislation might inadvertently stigmatize schools or hinder their reputations could arise, as it may suggest systemic issues that necessitate such drastic measures.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 38. Health And Safety
    • Section: New Section

Companion Bills

TX SB1832

Identical Relating to providing for an election by the parent of a student who was victimized by a public school employee to transfer the student to another public school campus or receive funding for the student to attend private school.

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