HBA-CCH S.B. 206 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 206
By: Bivins
Public Education
3/29/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law does not require a student-assault victim and the student
perpetrator of the assault to be assigned to separate campuses, different
transportation routes, or different extracurricular programs. Senate Bill
206 requires the board of trustees of a school district, on the request of
a parent or other person with authority to act on behalf of a student who
was the victim of a serious offense committed by another student, to ensure
that the victim and the perpetrator are not assigned to the same campus,
transportation route, or extracurricular program and provides for
alternatives if this is not practicable.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 1 (Section 37.0071, Education Code) of this bill. 

ANALYSIS

Senate Bill 206 amends the Education Code to require the board of trustees
(board), on the request of a parent or other person with authority to act
on behalf of a student who was the victim of a serious offense perpetrated
by another student,  to ensure that the victim and perpetrator are not
assigned to the same campus, transportation route, or extracurricular
program, to the extent that it is practicable.  The decision of the board
of trustees as to the practicability of reassigning a student is final and
may not be appealed. If the board determines that it is not practicable for
the victim and the perpetrator to be assigned to separate campuses,
transportation routes, and programs, a school district to which the victim
transfers is entitled to tuition from the district from which the victim
transfers for the duration that the victim and perpetrator would be
assigned to the same campus in the victim's former district.  The bill sets
forth provisions regarding the amount of the tuition payment and the
transfer of Foundation School Program funding.   The bill provides that a
determination by the commissioner of education concerning the amount of the
tuition payment to which the district is entitled is final and may not be
appealed.  The bill authorizes the commissioner to adopt rules as necessary
to implement and administer these provisions.  The bill sets forth that
these provisions apply regardless of where the offense took place.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 
This Act applies beginning with the 2001-2002 school year.