C.S.H.B. 442 78(R)    BILL ANALYSIS


C.S.H.B. 442
By: Talton
Public Education
Committee Report (Substituted)



BACKGROUND

Current statute requires public school students be removed from their
current school and placed in an alternative education program if they
engage in assault, possess or sell illegal drugs, or engage in public
lewdness or indecent exposure while on school grounds or while attending a
school sponsored event. Under current law, there is no provision made for
such behavior that occurs away from school property.  


PURPOSE

C.S.H.B. 442 restricts the placement of school-aged students who have been
convicted of certain sexual offenses.  


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. 


ANALYSIS

C.S.H.B. 442 amends the  Education Code to prohibit a student, who engages
in indecency with a child, sexual assault, or aggravated sexual assault,
from attending regular public school classes while enrolled in any school
district in this state without regard to where the conduct occurred.   

The bill specifies that the Act would only apply to conduct violating the
penal law on or after the effective date of this Act. 
 

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 442 modifies the original by adding that a student placed on
deferred prosecution for indecency with a child, sexual assault, or
aggravated sexual assault may be placed in a regular classroom if court
ordered and after determining that the presence of such a student does not
threaten the safety of other students.