SRC-TNM S.B. 132 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 132
By: Bivins
Education
2-23-97
As Filed


DIGEST 

Currently Section 37.009(a), Education Code, provides for a hearing within
three days after a student has been removed from class under Sections
37.002(b) and (d), Education Code.  Sections 37.002(b) and (d) concern
teacher removals, and therefore Section 37.009(a), Education Code, does
not require a hearing for removals by principals or other school
officials.  As in Nevares v. San Marcos C.I.S.D., the statute violates due
process.  S.B. 132 amends Section 37.009(a) to clarify that hearings are
required for all removals from the student's regular classroom. 

PURPOSE

As proposed, S.B. 132 sets forth requirements regarding placement of a
public school student in an alternative education program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 37.009(a), Education Code, to require the
principal to schedule a hearing after a student is removed from class by
the teacher or by the school principal or the principal's designee under
Section 37.006.  Requires the principal to order the placement of the
student as provided by Section 37.006 for a period consistent with this
subchapter.  Makes a nonsubstantive change. 

SECTION 2. Provides that this Act applies beginning with the 1997-1998
school year. 

SECTION 3. Emergency clause.
  Effective date: 90 days after adjournment.