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


Office of House Bill AnalysisS.B. 260
By: Bivins
Public Education
5/12/1999
Committee Report (Amended)



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 currently
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)  Adds Subdivision (3) to authorize a student to be expelled if, while
on school property or attending a school-sponsored 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.

EXPLANATION OF AMENDMENTS

Committee Amendment #1:

Amends SECTION 1 (Section 37.007(d), Education Code) to authorize 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)(3), rather
than Subsection (b), in retaliation for or as a result of the person's
employment or association with a school district.