HBA-MPM S.B. 260 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 260
By: Bivins
Public Education
3/24/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law requires students who assault another person on school grounds
or at a school-related event on or off campus to be placed in an
alternative education program, however, certain types of conduct
constituting assault under Section 22.01, Penal Code, do not warrant the
student's expulsion. S.B. 260 includes assault by a student against school
employees or volunteers as an offense punishable by expulsion. 

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 Subsections (b) and (d), Section 37.007, Education Code,
as follows: 

(b)  Authorizes a student to be expelled if, while on school property or
attending a schoolsponsored or school-related activity on or off school
property, the student intentionally, knowingly, or recklessly causes bodily
injury to a school district employee or volunteer as defined by Section
22.053 (School District Volunteers), Education Code, including the
employee's or volunteer's spouse. 

(d)  Authorizes a student to be expelled if, without regard to whether the
conduct occurs on or off of school property or while attending a
school-sponsored or school-related activity on or off of school property,
the student engages in conduct that contains the elements of any offense
listed in Subsection (b), in retaliation for or as a result of that
individual's employment or association with a school district.  Subsection
(b) sets forth a list of offenses warranting expulsion, including selling,
giving, or delivering to another person, or possessing, using, or being
under the influence of certain controlled or illegal substances; engaging
in conduct containing elements of an offense related to abusable glue or
aerosol paint; or engaging in elements of assault.  Makes a conforming
change. 

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

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