HBA-MSH H.B. 2319 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2319
By: Talton
Public Education
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law a student is to be removed from a school and placed in an
alternative education program for engaging in certain behaviors such as
public lewdness or selling or providing drugs  near a school or while
attending a school-sponsored or school-related activity on or off of school
property.  No provision is made for behavior that occurs away from school
or school activities.    House Bill 2319 requires a student to be removed
from school for engaging in certain sexual offenses without regard to
whether the behavior occurred at school. 

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. 

ANALYSIS

House Bill 2319 amends the Education Code to prohibit the placement of a
student in a regular classroom or on a regular campus while the student is
enrolled in a school district in this state if the student has been
adjudicated, placed on deferred prosecution, or probation for having
engaged in indecency with a child, sexual assault, or aggravated sexual
assault without regard to whether the conduct occurs on or off of school
property or while attending a school-sponsored or school-related activity
on or off of school property. 

EFFECTIVE DATE

September 1, 2001.