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.