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3 | 8 | | |
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4 | 9 | | |
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5 | 10 | | |
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6 | 11 | | A BILL TO BE ENTITLED |
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7 | 12 | | AN ACT |
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8 | 13 | | relating to providing for an election by the parent of a student who |
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9 | 14 | | was victimized by a public school employee to transfer the student |
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10 | 15 | | to another public school campus or receive funding for the student |
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11 | 16 | | to attend private school. |
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12 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 18 | | SECTION 1. Chapter 38, Education Code, is amended by adding |
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14 | 19 | | Subchapter K to read as follows: |
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15 | 20 | | SUBCHAPTER K. PROTECTIONS FOR STUDENTS VICTIMIZED BY SCHOOL |
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16 | 21 | | EMPLOYEES |
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17 | 22 | | Sec. 38.551. SCHOOL CHOICE. The parent of an eligible |
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18 | 23 | | student may elect for the student to: |
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19 | 24 | | (1) be transferred to another school district campus |
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20 | 25 | | as provided by Section 38.553; or |
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21 | 26 | | (2) receive funding for the cost of educating the |
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22 | 27 | | student in a private school, including a home school, as provided by |
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23 | 28 | | Section 38.554. |
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24 | 29 | | Sec. 38.552. ELIGIBILITY. (a) A student is eligible for |
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25 | 30 | | purposes of this subchapter if: |
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26 | 31 | | (1) the student is enrolled in a school district; and |
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27 | 32 | | (2) an employee of the school district in which the |
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28 | 33 | | student is enrolled: |
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29 | 34 | | (A) is convicted of or placed on deferred |
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30 | 35 | | adjudication community supervision for an offense committed |
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31 | 36 | | against the student; |
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32 | 37 | | (B) is the subject of a report under Section |
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33 | 38 | | 21.006 or 22.093 on the basis of evidence that the employee engaged |
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34 | 39 | | in misconduct described by the applicable section with the student; |
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35 | 40 | | or |
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36 | 41 | | (C) engages in child grooming against the student |
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37 | 42 | | by, with the intent that an offense under Chapter 43, Penal Code, or |
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38 | 43 | | an offense involving sexual activity, the occurrence of which would |
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39 | 44 | | subject the employee to criminal liability under Chapter 20A, 21, |
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40 | 45 | | or 22, Penal Code, be committed, knowingly persuading, inducing, |
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41 | 46 | | enticing, or coercing, or attempting to persuade, induce, entice, |
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42 | 47 | | or coerce, the student to engage in specific conduct that, under the |
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43 | 48 | | circumstances surrounding the employee's conduct as the employee |
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44 | 49 | | believes them to be, would: |
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45 | 50 | | (i) constitute an offense under Chapter 43, |
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46 | 51 | | Penal Code, or an offense involving sexual activity the occurrence |
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47 | 52 | | of which would subject the employee to criminal liability under |
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48 | 53 | | Chapter 20A, 21, or 22, Penal Code; or |
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49 | 54 | | (ii) make the student a party to the |
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50 | 55 | | commission of an offense described by Subparagraph (i). |
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51 | 56 | | (b) A student may participate in the school choice program |
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52 | 57 | | under Section 38.551 until the earliest of the following dates: |
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53 | 58 | | (1) the date on which the student graduates from high |
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54 | 59 | | school; or |
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55 | 60 | | (2) the date on which the student is no longer eligible |
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56 | 61 | | to attend a public school under Section 25.001. |
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57 | 62 | | Sec. 38.553. TRANSFER. (a) On request of the parent of an |
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58 | 63 | | eligible student, the board of trustees of the school district in |
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59 | 64 | | which the student is enrolled shall transfer the student to: |
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60 | 65 | | (1) another district campus; or |
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61 | 66 | | (2) a neighboring school district, if there is only |
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62 | 67 | | one campus in the district serving the grade level in which the |
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63 | 68 | | student is enrolled. |
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64 | 69 | | (b) A transfer under this section must be to a campus or |
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65 | 70 | | school district, as applicable, agreeable to the student's parent. |
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66 | 71 | | (c) Section 25.034 does not apply to a transfer under this |
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67 | 72 | | section. |
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68 | 73 | | (d) A school district is not required to provide |
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69 | 74 | | transportation to a student who transfers to another campus or |
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70 | 75 | | school district under this section. |
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71 | 76 | | Sec. 38.554. PRIVATE SCHOOL FUNDING. (a) If the parent of |
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72 | 77 | | an eligible student elects for the student to enroll in a private |
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73 | 78 | | school, including a home school, the parent is entitled to receive |
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74 | 79 | | from the state an annual amount equal to the amount to which the |
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75 | 80 | | school district in which the student resides would be entitled to |
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76 | 81 | | receive for the student under Chapter 48 if the student were |
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77 | 82 | | enrolled in the district. |
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78 | 83 | | (b) Money received under this section may be used only for |
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79 | 84 | | the following educational expenses of the student: |
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80 | 85 | | (1) the payment of tuition and fees at a private school |
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81 | 86 | | accredited by an organization that is recognized by the Texas |
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82 | 87 | | Private School Accreditation Commission; or |
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83 | 88 | | (2) the purchase of a curriculum, instructional |
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84 | 89 | | materials, or other educational items required for homeschooling, |
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85 | 90 | | as provided by commissioner rule. |
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86 | 91 | | (c) A payment under Subsection (a) may not be financed using |
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87 | 92 | | federal money or money appropriated from the available school fund. |
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88 | 93 | | (d) A private school selected by the parent of an eligible |
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89 | 94 | | student for the student to attend may not be required to comply with |
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90 | 95 | | any state law or rule governing the school's educational program |
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91 | 96 | | that was not in effect on January 1, 2025. |
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92 | 97 | | Sec. 38.555. RULES. The commissioner shall adopt rules as |
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93 | 98 | | necessary to implement this subchapter, including rules to prevent |
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94 | 99 | | fraud or abuse. |
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95 | 100 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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96 | 101 | | school year. |
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97 | 102 | | SECTION 3. This Act takes effect immediately if it receives |
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98 | 103 | | a vote of two-thirds of all the members elected to each house, as |
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99 | 104 | | provided by Section 39, Article III, Texas Constitution. If this |
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100 | 105 | | Act does not receive the vote necessary for immediate effect, this |
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101 | 106 | | Act takes effect September 1, 2025. |
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