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.