79R10617 ESH-D
By: Hope H.B. No. 308
Substitute the following for H.B. No. 308:
By: Oliveira C.S.H.B. No. 308
A BILL TO BE ENTITLED
AN ACT
relating to discipline in public schools and the assignment of
certain public school students involved in a sexual assault.
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 STUDENTS INVOLVED IN SEXUAL
ASSAULT. (a) This section applies only to:
(1) a student:
(A) who has been convicted of or placed on
deferred adjudication for the offense of sexual assault under
Section 22.011, Penal Code, or aggravated sexual assault under
Section 22.021, Penal Code, committed against another student who,
at the time the offense occurred, was assigned to the same campus as
the student convicted or placed on deferred adjudication;
(B) who has been adjudicated under Section 54.03,
Family Code, as having engaged in conduct described by Paragraph
(A);
(C) whose prosecution under Section 53.03,
Family Code, for engaging in conduct described by Paragraph (A) has
been deferred; or
(D) who has been placed on probation under
Section 54.04(d)(1), Family Code, for engaging in conduct described
by Paragraph (A); and
(2) a student who is the victim of conduct described by
Subdivision (1)(A).
(b) On the request of a parent or other person with
authority to act on behalf of a student who is a victim to whom
Subsection (a)(2) applies:
(1) the board of trustees of the school district shall
transfer the student to:
(A) a district campus other than:
(i) the campus to which the student was
assigned at the time the conduct occurred; or
(ii) the campus to which the student who
engaged in the conduct is assigned, if the student who engaged in
the conduct has been assigned to a different campus since the
conduct occurred; or
(B) a neighboring school district, if there is
only one campus in the district serving the grade level in which the
student is enrolled; or
(2) if the student does not wish to transfer to another
campus or district, the board of trustees shall transfer the
student who engaged in the conduct to:
(A) a district campus other than the campus to
which the student who is the victim of the conduct is assigned; or
(B) the district's disciplinary alternative
education program or juvenile justice alternative education
program, if there is only one campus in the district serving the
grade level in which the student who engaged in the conduct is
enrolled.
(c) A transfer under Subsection (b)(1) must be to a campus
or school district, as applicable, agreeable to the parent or other
person with authority to act on the student's behalf.
(d) A school district shall notify the parent or other
person with authority to act on behalf of a student who is a victim
to whom Subsection (a)(2) applies of the campus or program to which
the student who engaged in conduct described by Subsection
(a)(1)(A) is assigned.
(e) This section applies regardless of whether the conduct
occurred on or off of school property.
(f) Section 25.034 does not apply to a transfer under this
section.
(g) A school district is not required to provide
transportation to a student who transfers to another campus or
school district under this section.
SECTION 2. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0051 to read as follows:
Sec. 37.0051. PLACEMENT OF STUDENTS COMMITTING SEXUAL
ASSAULT AGAINST ANOTHER STUDENT. (a) As provided by Section
25.0341(b)(2), a student shall be removed from class and placed in a
disciplinary alternative education program under Section 37.008 or
a juvenile justice alternative education program under Section
37.011.
(b) A limitation imposed by this subchapter on the length of
a placement in a disciplinary alternative education program or a
juvenile justice alternative education program does not apply to a
placement under this section.
SECTION 3. Sections 37.008(a) and (c), Education Code, are
amended to read as follows:
(a) Each school district shall provide a disciplinary
alternative education program that:
(1) is provided in a setting other than a student's
regular classroom;
(2) is located in a facility other than [on or off of]
a regular school campus;
(3) provides for the students who are assigned to the
disciplinary alternative education program to be separated from
students who are not assigned to the program;
(4) focuses on English language arts, mathematics,
science, history, and self-discipline;
(5) provides for students' educational and behavioral
needs;
(6) provides supervision and counseling; and
(7) employs only teachers who [requires that to teach
in an off-campus disciplinary alternative education program, each
teacher] meet all certification requirements established under
Subchapter B, Chapter 21[; and
[(8) notwithstanding Subdivision (7), requires that
to teach in a disciplinary alternative education program of any
kind, each teacher employed by a school district during the
2003-2004 school year or an earlier school year meet, not later than
the beginning of the 2005-2006 school year, all certification
requirements established under Subchapter B, Chapter 21].
(c) A [An off-campus] disciplinary alternative education
program is not subject to a requirement imposed by this title, other
than a limitation on liability, a reporting requirement, or a
requirement imposed by this chapter or by Chapter 39.
SECTION 4. (a) Sections 25.0341 and 37.0051, Education
Code, as added by this Act, apply beginning with the 2004-2005
school year.
(b) Section 37.008, Education Code, as amended by this Act,
applies beginning with the 2005-2006 school year.
SECTION 5. 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.