HBA-MSH, CCH H.B. 1188 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1188 By: Telford Public Education 7/25/2001 Enrolled BACKGROUND AND PURPOSE State law provides assault leave for school district employees to recover from injuries resulting from an assault during the performance of their regular duties. In 1998, the commissioner of education ruled that a student with a mental disability could not knowingly or intentionally commit assault under the statutory standard for assault. The effect of this ruling was that a teacher attacked by a student with a mental disability was not entitled to assault leave. House Bill 1188 provides that a person may not be denied assault leave solely because of the age or disability of the perpetrator. 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. ANALYSIS House Bill 1188 amends the Education Code to provide for the purposes of the personal leave program that an employee of a school district is physically assaulted if the person engaging in the conduct causing injury to the employee could be prosecuted for assault, or could not be prosecuted for assault only because the person's age or mental capacity makes the person nonresponsible for the purposes of criminal liability. EFFECTIVE DATE June 15, 2001. This Act applies beginning with the 2001-2002 school year.