78R4520 ESH-D


By:  Mercer, Hochberg, Zedler, Campbell                           H.B. No. 1857



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of public school students who are the 
victims of certain criminal conduct or the siblings of the victims.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 25, Education Code, is 
amended by adding Section 25.0341 to read as follows:
	Sec. 25.0341.  TRANSFER OF VICTIMS OR SIBLINGS.  (a)  This 
section applies only to:
		(1)  a student who is the victim of conduct described by 
Section 37.006(a)(2)(B) or 37.007(a)(2)(A):
			(A)  committed by another student who, at the time 
the conduct occurred, was assigned to the same campus as the victim; 
and
			(B)  for which the student committing the conduct 
has been placed in an alternative education program under Section 
37.008 or expelled under Section 37.007; or
		(2)  a sibling of a student described by Subdivision 
(1) who:        
			(A)  is assigned to the same campus as the student 
described by Subdivision (1); and
			(B)  has received a threat in connection with the 
conduct.          
	(b)  On the request of a parent or other person with 
authority to act on behalf of a student who is a victim or a victim's 
sibling to whom this section applies, the board of trustees of the 
school district shall transfer the victim or sibling to a district 
campus other than:
		(1)  the campus to which the victim or sibling was 
assigned at the time the conduct occurred; or
		(2)  the campus to which the student who committed the 
conduct is assigned, if that student has been assigned to a 
different campus since the conduct occurred.
	(c)  A transfer under this section must be to a campus 
agreeable to the parent or other person with authority to act on 
behalf of the student.
	(d)  This section applies regardless of whether the conduct 
occurred on or off of school property.
	(e)  Section 25.034 does not apply to a transfer under this 
section.  
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.


COMMITTEE AMENDMENT NO. 1
	Amend HB 1857 by Mercer as follows:                                            
	Page 1, lines 7-22 is amended as follows:                                      
	Sec. 25.0341.  TRANSFER OF VICTIMS OR SIBLINGS.  (a)  This 
section applies only to:
		(1)  a student who is the victim of conduct described by 
Section 37.006(a)(2)(b) or 37.007(a)(2)(A) committed by another 
student who, at the time the conduct occurred, was assigned to the 
same campus as the victim; or
		(2)  a sibling of a student described by Subdivision 
(1) who is assigned to the same campus as the student described by 
Subdivision (1).
	Page 2, line 9-11 is amended as follows:                                       
	(c)  In making a transfer under this section, a school 
district must consider input from the parent or other person with 
authority to act on behalf of the student regarding the campus 
location of the transfer.

                                                                      Hochberg