HBA-LCA S.B. 226 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 226 By: Bivins Public Education 3/26/1999 Engrossed BACKGROUND AND PURPOSE Current law contains no specific provisions for the transfer of a student who has been the victim of another student when the assaulting student returns to the campus after receiving disciplinary action. To provide the victim with the option of not having to confront his or her assailant each day, S.B. 226 provides for the assignment of the victim to another campus, transportation route, or extracurricular program as practicable, and upon request of the victim. This bill also provides, to the extent that transfer within a school district is not practicable, for transfer to another district, and entitles that district to receive additional funding. 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 37, Education Code, by adding Section 37.0071, as follows: Sec. 37.0071. TRANSFER OF AND FUNDING FOR VICTIMS. (a) Requires the board of trustees of a school district (board), on request of a parent or other person with authority to act on behalf of a student who was the victim of conduct described by Section 37.003(a)(2) (Expulsion for Serious Offenses), to ensure that the victim and the student who engaged in the conduct are not assigned to the same campus, transportation route, or extracurricular program to the extent practicable. Provides that the board's decision as to practicablity may not be appealed. Provides that this subsection applies regardless of where the offense occurred. (b) Entitles a school district to which the victim transfers, if the board determines that separate campuses, routes, and programs are not practicable, to receive additional funding for that school year and any succeeding school year that the victim and the student would be assigned to the same campus. Provides that the funding comprise an allotment under Section 42.157(a) (Public Education Grant Allotment) and a payment from the district from which the victim transferred computed under Section 37.0061 (Funding for Alternative Education Services in Juvenile Recreational Facilities). (c) Requires that payments under Subsection (b) be prorated. (d) Prohibits a district that receives funding under this section from charging a tuition fee, notwithstanding Section 25.038 (Tuition Fee for Transfer Students). SECTION 2. Provides that this Act applies with the beginning of the 1999-2000 school year. SECTION 3. Emergency clause. Effective date: upon passage.