HBA-MPM H.B. 2607 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2607
By: Zbranek
Public Education
4/19/1999
Introduced


BACKGROUND AND PURPOSE 

In 1995, revisions made to laws concerning juvenile justice spurred the
creation of a for-profit, postadjudicated juvenile detention facility
industry in Texas.  A percentage of the juveniles incarcerated in these
facilities are post-adjudicated youth from other states that have
contracted with the facilities for maintenance of their juvenile offenders.

Section 25.001 (Admission), Education Code has been interpreted to consider
these children as residents of the state and the local school district,
thereby requiring the school district to provide educational services for
the incarcerated students, regardless of their length of residency.
Districts may report these students in their average daily attendance and
are able to use state funds for out-ofstate residents.  This may place an
unnecessary financial burden on the taxpayers in that district.   

H.B. 2607 provides that a person is not considered a resident of school
district if incarcerated in a private juvenile detention facility in the
district as a result of  court order in another state and if the person
resided in another state immediately before incarceration.  This bill
authorizes a district to provide educational services if financially
recompensed. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 25, Education Code, by adding
Section 25.0011, as follows: 

Sec. 25.0011.  CERTAIN INCARCERATED CHILDREN.  (a)  Provides that for
purposes of Section 25.001 (Admission), Education Code, a person is not
considered a resident of school district (district) if incarcerated in a
private juvenile detention facility (facility) in the district as a result
of  court order in another state, and if the person resided in another
state immediately before incarceration. 

(b)  Authorizes a district to provide educational services to a person
described by Subsection (a) if fully compensated for the cost of services
through tuition the person has paid or through payment from the operator of
the facility or other person having lawful control of the person. 

(c) Defines "private juvenile detention facility" as a juvenile detention
facility that is not operated by a governmental entity for purposes of this
section. 

SECTION 2.  Makes this Act applicable beginning with the 1999-2000 school
year. 

SECTION 3.Emergency clause.
  Effective date: upon passage.