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


Senate Research CenterC.S.S.B. 132
By: Bivins
Education
2-27-97
Committee Report (Substituted)


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, C.S.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, Education Code, by amending the heading
and Subsection (a), as follows: 

Sec. 37.009. New heading: CONFERENCE; HEARING; REVIEW. Requires the
principal or other appropriate administrator to schedule a conference,
rather than a hearing, among the principal or other appropriate
administrator, rather than the principal's designee, a parent or guardian
of the student, the teacher removing the student from class, if any, and
the student, not later than the third class day after the day on which a
student is removed from class by the teacher or by the school principal or
other appropriate administrator under Section 37.006.  Provides that, at
the conference,  a student is entitled to written or oral notice of the
reasons for the removal, an explanation of the basis for the removal, and
an opportunity to respond to the reasons for the removal.  Prohibits the
student from being returned to the regular classroom pending the
conference, rather than the hearing.  Requires the principal to order the
placement of the student as provided by Section 37.002 or 37.006, as
applicable, following the conference.  Authorizes a student to appeal the
principal's or other administrator's decision to the board of trustees or
the board's designee.  Provides that a decision of the board or the
board's designee is final and may not be appealed.  Makes conforming and
nonsubstantive changes. 

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

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

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 37.009, Education Code, regarding the placement
of a public school student in an alternative education program.