SRC-MWN H.B. 2108 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2108
By: Turner, Sylvester (Shapleigh)
Education
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Many special education students have serious disabilities ranging from
emotional disturbances to traumatic brain injuries. When these students
commit serious offenses and are expelled from school they are placed in a
juvenile justice alternative education program, some of which are
structured similar to boot camps. These types of programs may not be a
suitable environment for students with special needs. H.B. 2108 regulates
the placement of a special education student into a juvenile justice
alternative education program after expulsion from a school district for
certain serious offenses.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, agency, or institution.  

SECTION BY SECTION ANALYSIS

H.B. 2108 amends the Education and Family codes to prohibit the placement
of a student with a disability who receives special education services and
is expelled from a school district for certain serious offenses into a
juvenile justice alternative education program, unless the juvenile board
of the county in which the program is located or the designee of the
juvenile board provides the school district from which the student was
expelled written authorization for the placement. The bill provides that
the school district from which the student was expelled must provide the
student with an educational program in accordance with the individualized
education program of the student. The bill sets forth provisions regarding
the determination of the educational or behavioral needs of the student
that cannot be met in a juvenile justice alternative education program in
which a student is placed, the notification of the school district from
which the student was expelled by the juvenile board of the determination,
and the placement of that student by the school district in an appropriate
educational program. 

The bill prohibits the placement of a student with a disability who
receives special education services and is expelled for certain serious
offenses into a juvenile justice alternative education program as a
condition of release from detention prior to judicial proceedings pending a
deferred prosecution or formal court disposition of the child's case,
unless the juvenile board of the county in which a program is located or
the designee of the juvenile board provides to the school from which the
student was expelled written authorization for the placement of the student
in the program. The bill prohibits the placement of a student with a
disability who receives special education services and is expelled for
certain serious offenses into a juvenile justice alternative education
program as a condition of deferred prosecution or a release pending a
deferred prosecution or formal court disposition, unless the juvenile board
of the county in which a program is located or the designee of the juvenile
board provides to the school from which the student was expelled written
authorization for the placement of the student in the program.  

The bill also prohibits the placement of a student with a disability who
receives special education services and is expelled for certain serious
offenses into a juvenile justice alternative education program as a
condition of probation under a disposition of a hearing, unless the
juvenile board of the county in which a program is located or the designee
of the juvenile board provides to the school from which the  student was
expelled written authorization for the placement of the student in the
program.  

Effective date: September 1, 2001. The Act applies to expulsions beginning
with the 2001-2002 school year.