HBA-MSH H.B. 2319 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2319 By: Talton Public Education 3/26/2001 Introduced BACKGROUND AND PURPOSE Under current law a student is to be removed from a school and placed in an alternative education program for engaging in certain behaviors such as public lewdness or selling or providing drugs near a school or while attending a school-sponsored or school-related activity on or off of school property. No provision is made for behavior that occurs away from school or school activities. House Bill 2319 requires a student to be removed from school for engaging in certain sexual offenses without regard to whether the behavior occurred at school. 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 2319 amends the Education Code to prohibit the placement of a student in a regular classroom or on a regular campus while the student is enrolled in a school district in this state if the student has been adjudicated, placed on deferred prosecution, or probation for having engaged in indecency with a child, sexual assault, or aggravated sexual assault 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. EFFECTIVE DATE September 1, 2001.