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H.B. No. 308
AN ACT
relating to discipline in public schools and the assignment of
certain public school students involved in a sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 25, Education Code, is
amended by adding Section 25.0341 to read as follows:
Sec. 25.0341. TRANSFER OF STUDENTS INVOLVED IN SEXUAL
ASSAULT. (a) This section applies only to:
(1) a student:
(A) who has been convicted of or placed on
deferred adjudication for the offense of sexual assault under
Section 22.011, Penal Code, or aggravated sexual assault under
Section 22.021, Penal Code, committed against another student who,
at the time the offense occurred, was assigned to the same campus as
the student convicted or placed on deferred adjudication;
(B) who has been adjudicated under Section 54.03,
Family Code, as having engaged in conduct described by Paragraph
(A);
(C) whose prosecution under Section 53.03,
Family Code, for engaging in conduct described by Paragraph (A) has
been deferred; or
(D) who has been placed on probation under
Section 54.04(d)(1), Family Code, for engaging in conduct described
by Paragraph (A); and
(2) a student who is the victim of conduct described by
Subdivision (1)(A).
(b) On the request of a parent or other person with
authority to act on behalf of a student who is a victim to whom
Subsection (a)(2) applies:
(1) the board of trustees of the school district shall
transfer the student to:
(A) a district campus other than:
(i) the campus to which the student was
assigned at the time the conduct occurred; or
(ii) the campus to which the student who
engaged in the conduct is assigned, if the student who engaged in
the conduct has been assigned to a different campus since the
conduct occurred; or
(B) a neighboring school district, if there is
only one campus in the district serving the grade level in which the
student is enrolled; or
(2) if the student does not wish to transfer to another
campus or district, the board of trustees shall transfer the
student who engaged in the conduct to:
(A) a district campus other than the campus to
which the student who is the victim of the conduct is assigned; or
(B) the district's disciplinary alternative
education program or juvenile justice alternative education
program, if there is only one campus in the district serving the
grade level in which the student who engaged in the conduct is
enrolled.
(c) A transfer under Subsection (b)(1) must be to a campus
or school district, as applicable, agreeable to the parent or other
person with authority to act on the student's behalf.
(d) To the extent permitted under federal law, a school
district shall notify the parent or other person with authority to
act on behalf of a student who is a victim to whom Subsection (a)(2)
applies of the campus or program to which the student who engaged in
conduct described by Subsection (a)(1)(A) is assigned.
(e) This section applies regardless of whether the conduct
occurred on or off of school property.
(f) Section 25.034 does not apply to a transfer under this
section.
(g) A school district is not required to provide
transportation to a student who transfers to another campus or
school district under this section.
SECTION 2. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0051 to read as follows:
Sec. 37.0051. PLACEMENT OF STUDENTS COMMITTING SEXUAL
ASSAULT AGAINST ANOTHER STUDENT. (a) As provided by Section
25.0341(b)(2), a student shall be removed from class and placed in a
disciplinary alternative education program under Section 37.008 or
a juvenile justice alternative education program under Section
37.011.
(b) A limitation imposed by this subchapter on the length of
a placement in a disciplinary alternative education program or a
juvenile justice alternative education program does not apply to a
placement under this section.
SECTION 3. Sections 25.0341 and 37.0051, Education Code, as
added by this Act, apply beginning with the 2004-2005 school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 308 was passed by the House on April
21, 2005, by the following vote: Yeas 138, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 308 on May 26, 2005, by the following vote: Yeas 140, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 308 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor