HBA-JRA H.B. 704 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 704
By: Shields
Public Education
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a student who assaults an employee or volunteer of a school
district is placed in an alternative education program.  H.B. 704
authorizes a school district to expel a student if the student assaults a
district employee or volunteer and prohibits the student from being
returned to a teacher's class without the teacher's consent. 

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 37.002, Education Code, as follows:

(d)  Makes a conforming change.

(e)  Requires that a teacher remove from class and send to the principal
for placement in an alternative education program or for expulsion, a
student who engages in conduct described under Section 37.007 (Expulsion
for Serious Offenses), and prohibits the student from being returned to
that teacher's class without the teacher's consent. 

SECTION 2.  Amends Section 37.007(b), Education Code, to include among the
list of actions for which a student may be expelled, engaging in conduct
that contains the elements of assault under Section 22.01(a)(1), Penal Code
(Assault), against any employee, officer or volunteer of a school district
while on school property or while attending a school-sponsored or
school-related activity on or off of school property. 

SECTION 3.  Amends Section 37.009(a), Education Code, to provide that the
teacher who removed the student from class does not have to attend the
conference among the principal or other appropriate administrator, parent
or guardian of the student, and the student, if the teacher was the victim
of the student's offense. 

SECTION 4.  Makes application of this Act prospective to the 1999-2000
school year. 

SECTION 5.  Emergency clause.
  Effective date: upon passage.