Leach Bill Shields Private Schools From New State Rules

The text as introduced · 815 words

89R15116 RDR-D

By: Leach
H.B. No. 5338

A BILL TO BE ENTITLED

AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Education Code, is amended by adding

Subchapter K to read as follows:

SUBCHAPTER K. PROTECTIONS FOR STUDENTS VICTIMIZED BY SCHOOL

EMPLOYEES

Sec. 38.551. SCHOOL CHOICE. The parent of an eligible

student may elect for the student to:

(1) be transferred to another school district campus

as provided by Section 38.553; or

(2) receive funding for the cost of educating the

student in a private school, including a home school, as provided by

Section 38.554.

Sec. 38.552. ELIGIBILITY. (a) A student is eligible for

purposes of this subchapter if:

(1) the student is enrolled in a school district; and

(2) an employee of the school district in which the

student is enrolled:

(A) is convicted of or placed on deferred

adjudication community supervision for an offense committed

against the student;

(B) is the subject of a report under Section

21.006 or 22.093 on the basis of evidence that the employee engaged

in misconduct described by the applicable section with the student;

or

(C) engages in child grooming against the student

by, with the intent that an offense under Chapter 43, Penal Code, or

an offense involving sexual activity, the occurrence of which would

subject the employee to criminal liability under Chapter 20A, 21,

or 22, Penal Code, be committed, knowingly persuading, inducing,

enticing, or coercing, or attempting to persuade, induce, entice,

or coerce, the student to engage in specific conduct that, under the

circumstances surrounding the employee's conduct as the employee

believes them to be, would:

(i) constitute an offense under Chapter 43,

Penal Code, or an offense involving sexual activity the occurrence

of which would subject the employee to criminal liability under

Chapter 20A, 21, or 22, Penal Code; or

(ii) make the student a party to the

commission of an offense described by Subparagraph (i).

(b) A student may participate in the school choice program

under Section 38.551 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. 38.553. 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) a neighboring school district, if there is only

one campus in the district serving the grade level in which the

student is enrolled.

(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 school district is not required to provide

transportation to a student who transfers to another campus or

school district under this section.

Sec. 38.554. PRIVATE SCHOOL FUNDING. (a) If the parent of

an eligible student elects for the student to enroll in a private

school, including a home school, the parent is entitled to receive

from the state an annual amount equal to the amount to which the

school district in which the student resides would be entitled to

receive for the student under Chapter 48 if the student were

enrolled in the district.

(b) Money received under this section may be used only for

the following educational expenses of the student:

(1) the payment of tuition and fees at a private school

accredited by an organization that is recognized by the Texas

Private School Accreditation Commission; or

(2) the purchase of a curriculum, instructional

materials, or other educational items required for homeschooling,

as provided by commissioner rule.

(c) A payment under Subsection (a) may not be financed using

federal money or money appropriated from the available school fund.

(d) A private school selected by the parent of an eligible

student for the student to attend may not be required to comply with

any state law or rule governing the school's educational program

that was not in effect on January 1, 2025.

Sec. 38.555. RULES. The commissioner shall adopt rules as

necessary to implement this subchapter, including rules to prevent

fraud or abuse.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. 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.