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HB 5338

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.

89th Legislature (2025) Introduced by Jeff Leach

HB 5338 allows parents of students harmed by school employees to transfer to another public campus or receive private school funding with public dollars.

Referred to Public Education
#crimes--againstpersons--sexual(i0171) #education #commissionerof(v9954) #education--primary&secondary--finance(i0250) #education--primary&secondary--otherschoolpersonnel(i0246) #education--primary&secondary--private(i0239) #education--primary&secondary--teachers(i0242) #family--parent&child(i0355) #minors--crimesagainst(i0532) #minors--health&safety(i0533) #transferstudents(s0251)
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Bill Summary · HB 5338

Legislative bill overview

HB 5338 would allow parents of students who were victimized by a public school employee to choose either transferring their child to another public school campus within the district or receiving funding to attend private school instead. The bill creates a new parental choice mechanism specifically triggered by documented harm or misconduct by school staff against a student.

Why is this important

This bill addresses accountability and remedies when students experience harm at school, giving parents direct recourse beyond traditional complaint processes. It could incentivize schools to improve employee conduct standards while also redirecting public education funding to private institutions in specific cases.

Potential points of contention

  • Funding implications: Redirecting per-pupil funding to private schools reduces resources for public systems that may already be serving at-risk populations; unclear whether funding amount matches actual costs
  • Definition of "victimized": The bill's scope depends heavily on how "victimized" is defined—whether it includes documented abuse, negligence, bullying by staff, or other categories—which could significantly affect usage rates
  • Private school accountability: Private schools receiving public funding may face fewer regulatory requirements than public schools, raising questions about oversight and whether transferred students actually receive better outcomes
  • District burden: Allowing mid-year transfers could disrupt class sizes and educational continuity; disadvantages remaining public school students if funding leaves with departing peers

Compiled from official sources — confirm details with the bill’s official record.

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