Wilson Bill Funds Private School On A Parent’s Affidavit Alone

The text as introduced · 627 words

90R3334 KJE-F

By: Leo Wilson
H.B. No. 275

A BILL TO BE ENTITLED

AN ACT

relating to providing for an election by the parent of a student who

was subjected to sexual grooming at a public school 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. PROTECTIONS FOR VICTIMS OF SEXUAL GROOMING

Sec. 38.401. 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 38.403; or

(2) receive funding for the cost of educating the

student in a private school as provided by Section 38.404.

Sec. 38.402. ELIGIBILITY. (a) A student is eligible for

purposes of this subchapter if:

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

(2) the student's parent determines that the student,

while at the school district in which the student is enrolled, has

been:

(A) the victim of an offense for which the

perpetrator would be required to register as a sex offender under

Chapter 62, Code of Criminal Procedure; or

(B) subjected to any effort to:

(i) desensitize children to sexual

experiences; or

(ii) normalize sexual relationships

between adults and children or between children; and

(3) the student's parent submits to the agency an

affidavit in the form and manner prescribed by commissioner rule

stating that the parent has made the determination described by

Subdivision (2).

(b) A student who establishes eligibility under Subsection

(a) continues to be eligible for purposes of this subchapter 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. 38.403. TRANSFER. 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 another

district campus or school district of the parent's choice.

Sec. 38.404. PRIVATE SCHOOL FUNDING. (a) If the parent of

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

school, the parent is entitled to receive from the state an annual

amount equal to the lesser of:

(1) 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; or

(2) the tuition and fees at the private school.

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

the payment of tuition and fees at a private school accredited by an

organization that is recognized by the Texas Private School

Accreditation Commission.

(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, 2027.

Sec. 38.405. 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 2027-2028

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, 2027.