HBA-LJP H.B. 2108 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2108
By: Turner, Sylvester
Juvenile Justice & Family Issues
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Many special education students have serious disabilities ranging from
emotional disturbances to traumatic brain injuries.  When these students
commit serious offenses and are expelled from school they are placed in a
juvenile justice alternative education program, some of which are
structured similar to boot camps. These types of programs may not be a
suitable environment for students with special needs.  House Bill 2108
prevents the placement of a special education student into a juvenile
justice alternative education program after an expulsion from a school
district for a serious offense. 

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. 

ANALYSIS

House Bill 2108 amends the Education and Family codes to prohibit the
placement of a student with a disability who receives special education
services and is expelled from a school district for certain serious
offenses into a juvenile justice alternative education program.  The bill
provides that the school district from which the student was expelled must
provide the student with an educational program in accordance with the
individualized education program of the student. 

The bill provides that in any county where a juvenile justice alternative
education program is operated, a student with a disability who receives
special education services may be expelled without written notification by
the board of the school district or its designated agent to the juvenile
board's designated representative. 

The bill prohibits the placement of a student with a disability who
receives special education services and is expelled for certain serious
offenses into a juvenile justice alternative education program as a
condition of release from detention prior to judicial proceedings or a
detention hearing pending a deferred prosecution or formal court
disposition of the child's case, probation under a disposition of a
hearing, or a deferred prosecution. 

EFFECTIVE DATE

September 1, 2001.  The Act applies to expulsions beginning with the
2001-2002 school year.