HBA-MPM H.B. 3280 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3280 By: Dutton Public Education 3/25/1999 Introduced BACKGROUND AND PURPOSE H.B. 3280 requires a student to be expelled from school if the student receives deferred prosecution for a felony offense, if a court or jury finds that the student has engaged in a felony offense, or if the superintendent has a reasonable belief that the student has engaged in a felony offense. The bill also sets forth the same accountability standards for alternative education programs that it does for a regular education program. Furthermore, this bill requires the commissioner of education to distribute funds for alternative education programs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the commissioner of education is modified in SECTION 2 (Section 37.008, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.007, Education Code, by adding Subsection (i), as follows: (i) Requires a student to be expelled from school if, in addition to Subsection (a) (regarding instances requiring a student to be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property, commits certain offenses): _the student receives deferred prosecution under Section 53.03 (Deferred Prosecution), Family Code, for conduct defined as a felony offense in Title 5 (Offenses Against the Person), Penal Code; _a court or jury finds that the student has engaged in delinquent conduct under Section 54.03 (Adjudication Hearing), Family Code, for conduct defined a felony offense in Title 5, Penal Code; or _the superintendent or superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense under Title 5, Penal Code. SECTION 2. Amends Section 37.008, Education Code, by amending Subsections (a)(4), (c), and (m), and adding Subsection (n), as follows: (a)(4) Requires each school district (district) to provide an alternative education program (program) that focuses on English arts, mathematics, science, history, and self-discipline, provided that the student is required to receive assignments from the student's regular education program, which is authorized to include other intensive instruction, and requires the student to receive credit for work completed satisfactorily as if attending a regular education program. (c) Makes Chapter 39 (Public School System Accountability), Education Code, applicable to programs provided by a district under this subchapter. Deletes text stating that an off-campus program is not subject to a requirement imposed by this title, other than a limitation on liability, a reporting requirement, or a requirement imposed by this chapter or by Chapter 39, Education Code. (m) Requires the commissioner of education (commissioner) to adopt rules necessary to evaluate annually the performance of each district's program established under this subchapter. Requires this evaluation to be based on indicators defined by the commissioner, but requires it to include student performance on assessment instruments required under Section 39.023(a) and (c) (Adoption and Administration of Instruments), Education Code. Deletes the requirement that the commissioner adopt rules necessary to administer the provisions of Chapter 39, Education Code, for alternative education programs, as well as the requirement that the commissioner define acceptable performance for programs, and performance indicating a need for peer review, based principally on standards defined by the commissioner that measure academic progress of students toward grade level while attending a program. (n) Requires the commissioner to adopt rules for the distribution of funds appropriated to assist districts with the education of students in programs. SECTION 3. Repealer: Section 37.006(c), (Removal for Certain Conduct), Education Code. This subsection requires a student to be removed from class and placed in a program based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or schoolrelated activity under certain conditions. SECTION 4. Makes Section 37.008(c), Education Code, as amended by this Act, applicable beginning with the 1999-2000 school year. SECTION 5. Effective date: Upon passage. Makes this Act applicable beginning with the 1999-2000 school year. SECTION 6.Emergency clause.