HBA-CCH S.B. 206 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 206 By: Bivins Public Education 3/29/2001 Engrossed BACKGROUND AND PURPOSE Current law does not require a student-assault victim and the student perpetrator of the assault to be assigned to separate campuses, different transportation routes, or different extracurricular programs. Senate Bill 206 requires the board of trustees of a school district, on the request of a parent or other person with authority to act on behalf of a student who was the victim of a serious offense committed by another student, to ensure that the victim and the perpetrator are not assigned to the same campus, transportation route, or extracurricular program and provides for alternatives if this is not practicable. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 1 (Section 37.0071, Education Code) of this bill. ANALYSIS Senate Bill 206 amends the Education Code to require the board of trustees (board), on the request of a parent or other person with authority to act on behalf of a student who was the victim of a serious offense perpetrated by another student, to ensure that the victim and perpetrator are not assigned to the same campus, transportation route, or extracurricular program, to the extent that it is practicable. The decision of the board of trustees as to the practicability of reassigning a student is final and may not be appealed. If the board determines that it is not practicable for the victim and the perpetrator to be assigned to separate campuses, transportation routes, and programs, a school district to which the victim transfers is entitled to tuition from the district from which the victim transfers for the duration that the victim and perpetrator would be assigned to the same campus in the victim's former district. The bill sets forth provisions regarding the amount of the tuition payment and the transfer of Foundation School Program funding. The bill provides that a determination by the commissioner of education concerning the amount of the tuition payment to which the district is entitled is final and may not be appealed. The bill authorizes the commissioner to adopt rules as necessary to implement and administer these provisions. The bill sets forth that these provisions apply regardless of where the offense took place. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. This Act applies beginning with the 2001-2002 school year.