JLM S.B. 598 75(R) BILL ANALYSIS PUBLIC EDUCATION S.B. 598 By: Wentworth (Delisi) 5-20-97 Committee Report (Unamended) BACKGROUND Currently, under Chapter 37 of the Education Code, assault against a school employee is an expellable offense or alternative education program (AEP) offense only if it is assault under Section 22.01(a)(1) of the Penal Code. In addition, the assault must take place on school property or while attending a school-sponsored or school-related activity on or off school property. Finally, a student may be expelled or placed in an AEP for assaulting only an employee of a school district. This bill will expand the list of expellable and AEP offenses; cover assault against school employees, volunteers, and officers anywhere they may occur; and add school volunteers and officers to the current code. PURPOSE As proposed, S.B. 598 expands the list of expellable and alternative education program offenses; covers assault against school employees, volunteers, and officers anywhere they may occur; and adds school volunteers and officers to the current code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.006, Education Code, by amending Subsections (a) and (b) and adding Subsection (d), to require a student to be removed from class and placed in an alternative education program if the student harms or threatens to harm a school employee, officer, or volunteer in retaliation for, or on account of, that person's service to the school, whether the conduct occurs on or off school property or while attending a school-sponsored activity. Defines "volunteer." Makes conforming changes. SECTION 2. Amends Section 37.007, Education Code, by amending Subsection (b) and adding Subsection (h), to authorize a student to be expelled if the student engages in conduct that contains the elements of the offense of assault under Section 22.01, Penal Code, against a school employee, officer, or volunteer for certain matters. Defines "volunteer." Makes conforming and non-substantive changes. SECTION 3. Amends Section 37.010(b), Education Code, to make a conforming change. SECTION 4. Amends Section 22.01 (b) of the Penal Code to define "public servant" as including public school employees. SECTION 5. Amends Section 22.01(c) of the Penal Code to add that an offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if the offense was committed against a public school employee while the employee was engaged in performing duties within the scope of employment or committed in retaliation for or on account of the employee's performance of duties within the scope of employment. SECTION 6. Effective Date. SECTION 7. Emergency Clause.