HBA-LCA S.B. 226 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 226
By: Bivins
Public Education
3/26/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law contains no specific provisions for the transfer of a student
who has been the victim of another student  when the assaulting student
returns to the campus after receiving disciplinary action. To provide the
victim with the option of not having to confront his or her assailant each
day, S.B. 226 provides for the assignment of the victim to another campus,
transportation route, or extracurricular program as practicable, and upon
request of the victim.   This bill also provides, to the extent that
transfer within a school district is not practicable, for transfer to
another district, and entitles that district to receive additional funding. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 37, Education Code, by adding
Section 37.0071, as follows: 

Sec. 37.0071.  TRANSFER OF AND FUNDING FOR VICTIMS.  (a)  Requires the
board of trustees of a school district (board), on request of a parent or
other person with authority to act on behalf of a student who was the
victim of conduct described by Section 37.003(a)(2) (Expulsion for Serious
Offenses), to ensure that the victim and the student who engaged in the
conduct are not assigned to the same campus, transportation route, or
extracurricular program to the extent practicable.  Provides that the
board's decision as to practicablity may not be appealed.  Provides that
this subsection applies regardless of where the offense occurred. 

(b)  Entitles a school district to which the victim transfers, if the board
determines that separate campuses, routes, and programs are not
practicable, to receive additional funding for that school year and any
succeeding school year that the victim and the student would be assigned to
the same campus.  Provides that the funding comprise an allotment under
Section 42.157(a) (Public Education Grant Allotment) and a payment from the
district from which the victim transferred computed under Section 37.0061
(Funding for Alternative Education Services in Juvenile Recreational
Facilities). 

(c)  Requires that payments under Subsection (b) be prorated.

(d)  Prohibits a district that receives funding under this section from
charging a tuition fee, notwithstanding Section 25.038 (Tuition Fee for
Transfer Students). 

SECTION 2.  Provides that this Act applies with the beginning of the
1999-2000 school year. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.