HBA-LJP C.S.H.B. 2108 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2108
By: Turner, Sylvester
Juvenile Justice & Family Issues
4/22/2001
Committee Report (Substituted)



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.  C.S.H.B. 2108
regulates the placement of a special education student into a juvenile
justice alternative education program after expulsion from a school
district for certain serious offenses. 

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

C.S.H.B. 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, unless the
juvenile board of the county in which the program is located or the
designee of the juvenile board provides the school district from which the
student was expelled written authorization for the placement. 

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 sets
forth provisions regarding the determination of the educational or
behavioral needs of the student that cannot be met in a juvenile justice
alternative education program in which a student is placed, the
notification of the school district from which the student was expelled by
the juvenile board of the determination, and the placement of that student
by the school district in an appropriate educational program. 

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 pending a
deferred prosecution or formal court disposition of the child's case,
unless the juvenile board of the county in which a program is located or
the designee of the juvenile board provides to the school from which the
student was expelled written authorization for the placement of the student
in the program. 

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 deferred prosecution or a release pending a deferred
prosecution or formal court disposition, unless the juvenile board of the
county in which a program is located or the designee of the juvenile board
provides to the school from which the student was expelled written
authorization for the placement of the student in the program. 

 The bill also 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 probation under a disposition of a hearing, unless the
juvenile board of the county in which a program is located or the designee
of the juvenile board provides to the school from which the student was
expelled written authorization for the placement of the student in the
program. 

EFFECTIVE DATE

September 1, 2001. The Act applies to expulsions beginning with the
2001-2002 school year. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2108 amends the original to provide the exception that the
juvenile board of the county in which a juvenile justice alternative
education program is located or the designee of the juvenile board provides
the school district from which the student was expelled written
authorization for the placement to the prohibition of the placement of
certain students with disabilities who are expelled from a school district
for certain serious offenses into a program.  The substitute changes the
offenses for which students are expelled from a school district from
serious offenses resulting in expulsion to certain serious offenses
committed while on school property or while attending a school-sponsored or
school-related activity on or off of school property, a violation of the
school district's student code of conduct while a student is in an
alternative education program for disciplinary reasons, certain criminal
mischief that is punishable as a felony, or conduct that contains elements
of the intentional, knowledgeable, or reckless cause of bodily injury to a
person for that person's association with the school district. 

C.S.H.B. 2108 sets forth provisions regarding the determination of the
educational or behavioral needs of the student that cannot be meet in a
juvenile justice alternative education program in which a student is
placed, the notification of the school district from which the student was
expelled by the juvenile board of the determination, and the placement of
that student by the school district in an appropriate educational program. 

The substitute removes the authorization to expel a student with a
disability who receives special education services in any county where a
juvenile justice alternative education program is operated without written
notification by the board of the school district or its designated agent to
the juvenile board's designated representative.