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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