HBA-MPM H.B. 3756 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3756
By: Giddings
Public Education
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a student under the age of 10 may be removed from class and
placed in an alternative education program for committing a serious
offense.  H.B. 3756 prohibits students 7 years old or younger from being
placed in alternative education programs for committing 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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.006(f), Education Code, as follows:

(f)  Prohibits a student seven years of age or younger from being removed
from class and placed in an alternative education program, subject to
Section 37.007(e).  Subsection (e) authorizes the superintendent or
superintendent's designee to consider all available information, including
that furnished under Article 15.27 (Notification to Schools Required), Code
of Criminal Procedure, in determining whether there is a reasonable belief
that a student has engaged in a felony offense. 

Note:  The text set forth in existing Section 37.006(f), which differs from
that in proposed Section 37.006(f),  is as follows: 

"(f) Subject to Section 37.007(e), a student who is younger than 10 years
of age shall be removed from class and placed in an alternative education
program under Section 37.008 if the student engages in conduct described by
Section 37.007."