Tex. Educ. Code Section 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 Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code, or convicted of or placed on deferred adjudication for the offense of sexual assault under Section 22.011 (Sexual Assault), Penal Code, or aggravated sexual assault under Section 22.021 (Aggravated Sexual Assault), 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 Section 54.03 (Adjudication Hearing), Family Code, as having engaged in conduct described by Paragraph (A);

(C)

whose prosecution under Section 53.03 (Deferred Prosecution), Family Code, for engaging in conduct described by Paragraph (A) has been deferred; or

(D)

who has been placed on probation under Section 54.04 (Disposition Hearing)(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.

(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)

Section 25.034 (Hearing; Action on Petition; Appeal) 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.
Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.25, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.15, eff. September 1, 2021.

Source: Section 25.0341 — Transfer of Students Involved in Sexual Assault, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­25.­htm#25.­0341 (accessed Mar. 23, 2024).

25.001
Admission
25.002
Requirements for Enrollment
25.003
Tuition for Certain Children from Other States
25.004
Tuition for Certain Military Dependents Prohibited
25.005
Reciprocity Agreements Regarding Military Personnel and Dependents
25.006
Transition Assistance for Military Dependents
25.007
Transition Assistance for Students Who Are Homeless or in Substitute Care
25.008
Enrollment in Summer School Course by Person Not Enrolled in District
25.0011
Certain Incarcerated Children
25.0021
Use of Legal Surname
25.0022
Food Allergy Information Requested Upon Enrollment
25.0031
Tuition for Students Holding Certain Student Visas
25.031
Assignments and Transfers in Discretion of Governing Board
25.032
Basis for Assignment or Transfer
25.033
Assignment or Transfer on Petition of Parent
25.034
Hearing
25.035
Transfers Between Districts or Counties
25.036
Transfer of Student
25.037
Transfer of State Funds
25.038
Tuition Fee for Transfer Students
25.039
Contracts and Tuition for Education Outside District
25.040
Transfer to District of Bordering State
25.041
Transfer of Children or Wards of Employees of State Supported Living Centers
25.042
Transfer of Children of Employees of Texas Juvenile Justice Department Facilities
25.043
Classroom Placement of Multiple Birth Siblings
25.045
Transfer to District Offering In-person Instruction
25.081
Operation of Schools
25.082
Pledges of Allegiance
25.083
School Day Interruptions
25.084
Year-round System
25.085
Compulsory School Attendance
25.086
Exemptions
25.087
Excused Absences
25.088
School Attendance Officer
25.089
Compensation of Attendance Officer
25.090
Attendance Officer Not Selected
25.091
Powers and Duties of Peace Officers and Other Attendance Officers
25.092
Minimum Attendance for Class Credit or Final Grade
25.093
Parent Contributing to Nonattendance
25.094
Agreement for Dismissal of Parent Contributing to Nonattendance Charge
25.095
Warning Notices
25.112
Class Size
25.113
Notice of Class Size
25.151
Student Expression
25.152
Limited Public Forum
25.153
Religious Expression in Class Assignments
25.154
Freedom to Organize Religious Groups and Activities
25.155
Adoption of Policy
25.156
Model Policy Governing Voluntary Religious Expression in Public Schools
25.0341
Transfer of Students Involved in Sexual Assault
25.0342
Transfer of Students Who Are Victims of or Have Engaged in Bullying
25.0343
Transfer of Students Residing in Household of Student Receiving Special Education Services
25.0344
Transfer of Students Who Are Children of Peace Officers
25.0811
First Day of Instruction
25.0812
Last Day of School
25.0815
Operation and Instructional Time Waivers for School Safety Training
25.0822
Patriotic Society Access to Students
25.901
Exercise of Constitutional Right to Pray
25.902
Prohibition on Certain Discrimination in Student Dress or Grooming Policy
25.904
Use of Calculator Application in Place of Graphing Calculator
25.0915
Truancy Prevention Measures
25.0951
School District Complaint or Referral for Failure to Attend School
25.0952
Procedures Applicable to Parent Contributing to Nonattendance Offense

Accessed:
Mar. 23, 2024

§ 25.0341’s source at texas​.gov