Parent’s Word Alone Unlocks Private And Home School Grants

The text as introduced · 1,275 words

89R3132 CXP-F

By: Isaac
H.B. No. 3143

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 H to read as follows:

SUBCHAPTER H. SAFETY PROTECTION GRANT PROGRAM

Sec. 38.401. DEFINITION. In this subchapter, "program"

means the safety protection grant program established under this

subchapter.

Sec. 38.402. 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

or another school district as provided by Section 38.404; 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 38.405.

Sec. 38.403. 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. 38.404. 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. 38.405. 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. 38.406. 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 48.312;

(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. 38.407. 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 H, 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 48.312 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 38.405(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. 48.312. SAFETY PROTECTION GRANT. (a) A person to whom

the commissioner awards a safety protection grant under Subchapter

H, 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 38.406 the amount

appropriated to the agency for purposes of this section for use by

the commissioner in awarding grants as provided by Subchapter H,

Chapter 38.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.