HBA-LJP H.B. 2108 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2108 By: Turner, Sylvester Juvenile Justice & Family Issues 4/10/2001 Introduced BACKGROUND AND PURPOSE Many special education students have serious disabilities ranging from emotional disturbances to traumatic brain injuries. When these students commit serious offenses and are expelled from school they are placed in a juvenile justice alternative education program, some of which are structured similar to boot camps. These types of programs may not be a suitable environment for students with special needs. House Bill 2108 prevents the placement of a special education student into a juvenile justice alternative education program after an expulsion from a school district for a serious offense. 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 2108 amends the Education and Family codes to prohibit the placement of a student with a disability who receives special education services and is expelled from a school district for certain serious offenses into a juvenile justice alternative education program. The bill provides that the school district from which the student was expelled must provide the student with an educational program in accordance with the individualized education program of the student. The bill provides that in any county where a juvenile justice alternative education program is operated, a student with a disability who receives special education services may be expelled without written notification by the board of the school district or its designated agent to the juvenile board's designated representative. The bill prohibits the placement of a student with a disability who receives special education services and is expelled for certain serious offenses into a juvenile justice alternative education program as a condition of release from detention prior to judicial proceedings or a detention hearing pending a deferred prosecution or formal court disposition of the child's case, probation under a disposition of a hearing, or a deferred prosecution. EFFECTIVE DATE September 1, 2001. The Act applies to expulsions beginning with the 2001-2002 school year.