HBA-MSH H.B. 2104 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2104
By: Dutton
Public Education
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires a conference to be called between a student, a
student's parents or guardians, the school principal, and the responsible
teacher when a student is removed from class by a school official and
placed in an alternative education program.  However, a conference is not
held before the board of trustees unless the student's placement is to
extend beyond the end of the next grading period.  House Bill 2104 requires
the superintendent to call a conference before the board if placing the
student in an alternative education program for more than three consecutive
days. 

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. 

ANALYSIS

House Bill 2104 requires a principal or a principal's designee to notify as
soon as practicable the superintendent of the school district or the
superintendent's designee of a student's removal from a classroom if the
principal intends to place the student in an alternative education program
for more than three consecutive school days.  The bill requires the
superintendent or the superintendent's designee to schedule a conference
not more than three days after the student was removed from class with the
board of trustees of the district (board) or the board's designee, the
principal of the student's school, a parent or guardian of the student, the
teacher removing the student from class, and the student.  The bill
requires the board or the board's designee to order the appropriate
placement of the student following the conference, regardless of whether
the student, the student's parent or guardian, or the student's teacher was
in attendance.  The bill requires the board or the board's designee to
deliver a copy of the order placing a student in an alternative education
program not later than the second business day after the date a conference
or hearing is held to the authorized officer of the juvenile court in the
county in which the student resides. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.