HBA-MPM S.B. 260 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 260 By: Bivins Public Education 3/24/1999 Engrossed BACKGROUND AND PURPOSE Current law requires students who assault another person on school grounds or at a school-related event on or off campus to be placed in an alternative education program, however, certain types of conduct constituting assault under Section 22.01, Penal Code, do not warrant the student's expulsion. S.B. 260 includes assault by a student against school employees or volunteers as an offense punishable by expulsion. 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 Subsections (b) and (d), Section 37.007, Education Code, as follows: (b) Authorizes a student to be expelled if, while on school property or attending a schoolsponsored or school-related activity on or off school property, the student intentionally, knowingly, or recklessly causes bodily injury to a school district employee or volunteer as defined by Section 22.053 (School District Volunteers), Education Code, including the employee's or volunteer's spouse. (d) Authorizes a student to be expelled if, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in conduct that contains the elements of any offense listed in Subsection (b), in retaliation for or as a result of that individual's employment or association with a school district. Subsection (b) sets forth a list of offenses warranting expulsion, including selling, giving, or delivering to another person, or possessing, using, or being under the influence of certain controlled or illegal substances; engaging in conduct containing elements of an offense related to abusable glue or aerosol paint; or engaging in elements of assault. Makes a conforming change. SECTION 2. Makes this Act applicable beginning with the 1999-2000 school year. SECTION 3.Emergency clause. Effective date: upon passage.