Bill Text: TX HB46 | 2023 | 88th Legislature 4th Special Session | Introduced

Texas House Bill 46 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-11-07 - Filed [HB46 Detail]

Download: Texas-2023-HB46-Introduced.html

	88S40087 CXP-F

	By: Isaac	H.B. No. 46



	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 J to read as follows:
	SUBCHAPTER J. SAFETY PROTECTION GRANT PROGRAM
	Sec. 38.501. DEFINITION. In this subchapter, "program"
	means the safety protection grant program established under this
	subchapter.
	Sec. 38.502. 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
	as provided by Section 38.504; 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 38.505.
	Sec. 38.503. 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. 38.504. 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. 38.505. 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. 38.506. 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 48.310;
	(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. 38.507. 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 J, 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 48.310 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 38.505(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. 48.310. SAFETY PROTECTION GRANT. (a) A person to whom
	the commissioner awards a safety protection grant under Subchapter
	J, 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 38.506 the amount
	appropriated to the agency for purposes of this section for use by
	the commissioner in awarding grants as provided by Subchapter J,
	Chapter 38.
	SECTION 4. This Act applies beginning with the 2024-2025
	school year.
	SECTION 5. This Act takes effect on the 91st day after the
	last day of the legislative session.