HBA-KMH S.B. 1213 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1213
By: Whitmire
Public Education
5/12/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, Texas public school teachers lack the explicit authority to
discipline a student verbally or by use of non-corporal punishment without
facing reprisal from local or state education officials for such actions.
This often results in a teacher's only recourse for an unruly student being
to send the student to the principal's office.  S.B. 1213 establishes
conditions regarding discipline management techniques that a public school
teacher may use. 

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 21.451(a), Education Code, to provide that staff
development provided by a school district must include classroom
management, district discipline policies, the student code of conduct
adopted under Section 37.001 (Student Code of Conduct), and Chapter 37
(Discipline; Law and Order).  Makes conforming and nonsubstantive changes.

SECTION 2. Amends Section 37.001, Education Code, to provide that the
student code of conduct must specify disciplinary options available to a
teacher in addition to removing a student from the classroom under Section
37.002 (Removal by Teacher), which must comply with the educator's code of
ethics and include the authority to verbally reprimand a student, require a
student to sit in an assigned area of the classroom, and withdraw
privileges from a student.  Prohibits a teacher from being disciplined for
an action taken in compliance with the student code of conduct and the
educator's code of ethics adopted under Section 21.041(Rules; Fees).
Provides that this section does not affect a teacher's immunity from civic
liability under Section 22.051 (Immunity From Liability for Professional
Employees). 

SECTION 3.  Requires each school district to amend the district's student
code of conduct to the extent necessary to comply with this Act, not later
than December 1, 1999. 

SECTION 4.  Emergency clause.
            Effective date: upon passage.