Texas Education Code 25.0341 – Transfer of Students Involved in Sexual Assault
(a) This section applies only to:
(1) a student:
(A) who has been convicted of continuous sexual abuse of young child or disabled individual under § 21.02, Penal Code, or convicted of or placed on deferred adjudication for the offense of sexual assault under § 22.011, Penal Code, or aggravated sexual assault under § 22.021, Penal Code, committed against another student who, at the time the offense occurred, was assigned to the same campus as the student convicted or placed on deferred adjudication;
(B) who has been adjudicated under § 54.03, Family Code, as having engaged in conduct described by Paragraph (A);
(C) whose prosecution under § 53.03, Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or
(D) who has been placed on probation under § 54.04(d)(1), Family Code, for engaging in conduct described by Paragraph (A); and
(2) a student who is the victim of conduct described by Subdivision (1)(A).
(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies:
(1) the board of trustees of the school district shall transfer the student to:
(A) a district campus other than:
(i) the campus to which the student was assigned at the time the conduct occurred; or
(ii) the campus to which the student who engaged in the conduct is assigned, if the student who engaged in the conduct has been assigned to a different campus since the conduct occurred; or
(B) a neighboring school district, if there is only one campus in the district serving the grade level in which the student is enrolled; or
(2) if the student does not wish to transfer to another campus or district, the board of trustees shall transfer the student who engaged in the conduct to:
(A) a district campus other than the campus to which the student who is the victim of the conduct is assigned; or
(B) the district’s disciplinary alternative education program or juvenile justice alternative education program, if there is only one campus in the district serving the grade level in which the student who engaged in the conduct is enrolled.
Terms Used In Texas Education Code 25.0341
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: means real and personal property. See Texas Government Code 311.005
(c) A transfer under Subsection (b)(1) must be to a campus or school district, as applicable, agreeable to the parent or other person with authority to act on the student’s behalf.
(d) To the extent permitted under federal law, a school district shall notify the parent or other person with authority to act on behalf of a student who is a victim to whom Subsection (a)(2) applies of the campus or program to which the student who engaged in conduct described by Subsection (a)(1)(A) is assigned.
(e) This section applies regardless of whether the conduct occurred on or off of school property.
(f) § 25.034 does not apply to a transfer under this section.
(g) A school district is not required to provide transportation to a student who transfers to another campus or school district under this section.