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.