HBA-KMH S.B. 1330 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1330
By: Shapiro
Public Education
5/12/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, Texas law allows a sex offender and the victim of the sex
offender to be placed in the same classroom.  Such a situation has been
reported to cause undue stress on the victim and to serve as a distraction
in the learning process for the victim.  S.B. 1330 sets forth procedures
limiting the assignment of certain students to a class of a victim. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 37, Education Code, by adding
Section 37.0031, as follows: 

Sec. 37.0031. LIMITING ASSIGNMENT OF CERTAIN STUDENTS TO CLASS OF VICTIM.
Prohibits a student who has been adjudicated as having engaged in
delinquent conduct as defined under Section 51.03 (Delinquent Conduct;
Conduct Indicating a Need for Supervision), Family Code, that included a
violation of Section 21.11 (Indecency With a Child), 22.011 (Sexual
Assault), or 22.021 (Aggravated Sexual Assault), Penal Code,  or who has
been convicted of an offense under those sections, from being assigned to
the same classroom as the victim of that delinquent conduct or offense
without the consent of the victim or victim's parents, if the victim is 18
years of age or older, unless the Placement Review Committee determines
that such placement is the only alternative. 

SECTION 2. Amends Section 37.003(a), Education Code, to require each school
to establish a committee to determine the placement of a student when a
teacher refuses the return of a student to the teacher's classroom or a
parent or victim refuses the student's assignment to a classroom under
Section 37.0031.  Makes conforming changes. 

SECTION 3. Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 4.Emergency clause.
  Effective date: upon passage.