SRC-HRD C.S.S.B. 133 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 133
By: Bivins
Education
3-19-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires a school district to remove a student to the
alternative education program if the student engages in conduct punishable
as a felony on school property or while attending a school-sponsored or
school-related activity on or off school property.  This bill amends
current law to require school administrators to remove a student if the
student commits certain offenses or engages in certain conduct not only on
school property or while at school-sponsored or school-related activities,
but also within 300 feet of school property.  In addition, C.S.S.B. 133
sets forth additional grounds under which a student is required to be
removed from class and placed in an alternative education program, as well
as guidelines regarding the decision of a superintendent to remove a
student and place the student in such a program.  

PURPOSE

As proposed, C.S.S.B. 133 requires the removal of a student from school
and the placement of the student in an alternative education program in
the event the student commits certain offenses or engages in certain
conduct.  In addition, this bill sets forth additional guidelines
regarding the removal of a student from class and the placement of the
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 37.006, Education Code, to require a student to
be removed from class and placed in an alternative education program as
provided by Section 37.008 if the student commits certain acts or engages
in certain behavior on or within 300 feet of school property, as measured
from any point on the school's real property boundary line, or while
attending a schoolsponsored or school-related activity on or off of school
property, Deletes text regarding a student who engages in conduct
punishable as a felony.  Requires a student to be removed and placed in an
alternative education program under Section 37.008 under certain
conditions.  Authorizes the removal of a student from class and the
placement of the student in an alternative education program under certain
conditions.  Authorizes the superintendent or the superintendent's
designee, in determining whether there is reasonable belief that a student
has engaged in conduct defined as a felony offense by the Penal Code, to
consider all available information, including the information furnished
under Article 15.27, Code of Criminal Procedure.  Makes conforming
changes. 

SECTION 2.  Amends Articles 15.27(a), (c), and (h), Code of Criminal
Procedure, to require a law enforcement agency that arrests any person or
refers a child to the office or official designated by the juvenile court,
rather than a law enforcement agency that arrests or takes into custody an
individual as provided by Chapter 52, Family Code, who the agency knows or
believes is enrolled as a student in a public primary or secondary school,
for an offense listed in Subsection (h), to orally notify the
superintendent or a person designated by the superintended in the school
district in which the student is enrolled or believed to be enrolled of
that arrest or referral, rather than detention, within 24 hours after the
referral is made, or on the next school day.  Deletes provision requiring
the superintendent to promptly notify all instructional and support
personnel who have regular contact with the student. Requires all
personnel to keep the information received in this subsection
confidential. Requires the oral and written notice to contain sufficient
details of the referral or arrest and the acts allegedly  committed by the
student to enable the superintendent or the superintendent's designee to
determine whether there is a reasonable belief that the student has
engaged in conduct defined as a felony offense by the Penal Code.
Authorizes the information contained in the notice to be considered by the
superintendent or the superintendent's designee in making such a
determination.  Deletes language requirements regarding the written
notification.  Provides that this article applies to any felony offense.
Deletes provisions requiring the application of this article to certain
offenses and conduct.  Makes nonsubstantive and conforming changes. 

SECTION 3. Repealer:  Article 15.27(g), Code of Criminal Conduct
(Notification to Schools Required). 

SECTION 4. Amends Article 15.27(d)(1), Code of Criminal Conduct, to
require a law enforcement agency that arrests, or refers to a juvenile
court under Chapter 52, Family Code, an individual who the law enforcement
agency knows or believes is enrolled as a student in a private primary or
secondary school, to make the oral and written notifications described by
Subsection (a) to this principal or a school employee designated by the
principal of the school in which the student is enrolled.  Makes
nonsubstantive and conforming changes. 
   
SECTION 5.  Provides that this Act applies beginning with the 1997-1998
school year. 

SECTION 6.   Emergency clause.
  Effective date: upon passage.

 

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 37.006, Education Code, to remove a proposed exception; and
to require a student to be removed from class and placed in an alternative
education program if the student commits a certain offense rather than
requiring a student who is charged with a certain offense to be removed.
Requires the student to be removed and placed in the program if an offense
is committed within 300 feet of school property, as measured from any
point on the school's real property boundary line.  Removes the proposed
deletion regarding a terroristic threat.  Removes proposed Subsection (c)
and adds new provisions.  Adds Subsections (d) and (e) and renumbers
proposed Subsection (d) as (f). 

SECTION 2. 

Amends Articles 15.27(a), (c), and (h), Code of Criminal Procedure.
Provides that this article applies to any felony offense, rather than to
an individual who engages in conduct that is a felony or who engages in
certain other conduct.  Removes proposed provisions regarding conduct
related to certain offenses. 

SECTION 3. 

Sets forth a repealer.  Redesignates proposed SECTION 3 as SECTION 5.

SECTION 4. 

Amends Article 15.27(d)(1), Code of Criminal Procedure.  Redesignates
proposed SECTION 4 as SECTION 6.