BILL ANALYSIS
By: Hope
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under current law, no provision prevents a student convicted of sexual assault from re-enrolling in the same school as the victimized student. After a student who is convicted of sexual assault serves their sentence, they are able to return to the same school as the victimized student. School districts are under no obligation to notify the victim or the victim's parents of a violator's enrollment. CSHB 308 is to ensure a student violator convicted of sexual assault is not allowed to enroll in the same school as the victimized student.
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
CSHB 308 sets up parameters for the transferring of students involved in a sexual assault. This bill applies to a student who has been convicted, placed on deferred adjudication, adjudicated, or placed on probation for committing an offense of sexual assault or aggravated sexual assault against another student who at the time of the offense was assigned to the same campus. A person with authority to act on behalf of the victim may request for the victimized student to be transferred to another district campus and the board of trustees shall transfer that student to a different campus. Should the victimized student not wish to transfer, the board of trustees shall transfer the student who engaged in the conduct to a different campus other than the one the victimized student is assigned or an alternative education program. The school district is to notify the guardian of the victim as to where the student who engaged in the assault is enrolled. The school district is not required to provide transportation to the transferring student to another campus or school district.
A student who commits a sexual assault against another student is to be removed from class and placed in an alternative education program. A time limitation does not apply for students enrolled in an alternative education program who are placed there for committing sexual assault.
An alternative education program is to be located in a facility other than a regular school campus and employee only teachers who meet all certification requirements.
EFFECTIVE DATE
Provisions applying to transfer of students involved in sexual assault and placement of students committing sexual assault against another student, Section 25.0341 and 37.0051, Education Code, apply beginning with the 2004 - 2005 school year.
Provision amending disciplinary alternative education programs, Section 37.008, Education Code, applies beginning with the 2005 - 2006 school year.
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, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 308 specifies that a school district is not required to provide transportation to a student who transfers to another campus or district.