JLM S.B. 136 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
S.B. 136
By: Bivins (Sadler)
5-20-97
Committee Report (Unamended)



BACKGROUND 

Currently, a student who is expelled from school for engaging in conduct
under Section 37.007, Education Code, must also be found by a juvenile
court to have engaged in delinquent conduct in order to be placed in a
juvenile justice alternative education program (JJAEP). However, many
students who are expelled from school have engaged in conduct that does
not rise to the level of delinquent conduct as defined by the Family Code,
and these students avoid placement in JJAEP. In addition, current law
requires expulsion for felony controlled substance violations, but only
allows placement in an alternative education program for misdemeanor
controlled substance offenses. This legislation, while maintaining local
discretion on the part of counties and school districts, requires all
expelled students to be served by the school district or the JJAEP in an
effort to keep children off the streets. S.B. 136 also allows, but does
not require, a school district to expel students for any controlled
substance violation that occurs on school property or at a
school-sponsored event. 

PURPOSE

As proposed, SB 136 establishes the placement of students who are expelled
from public schools in juvenile justice alternative education programs. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 37.001(a), Education Code, to delete the
provision requiring each school district to adopt a student code of
conduct for the district jointly with the juvenile board of each county in
which the district is located. Deletes the provisions requiring the
student code of conduct to contain certain references to juvenile boards.
Makes conforming changes. 

SECTION 2. Amends Sections 37.006(a) and (b), to make conforming changes.

SECTION 3. Amends Section 37.007, Education Code, to set forth the terms
by which a student is authorized to be expelled if the student sells,
gives, or delivers to another person or possesses, uses, or is under the
influence of an amount of marihuana, certain controlled substances, drugs,
or alcohol; or engages in conduct that contains the elements of certain
offenses relating to abusable glue, aerosol paint, or volatile chemicals.
Makes conforming changes. 

SECTION 4. Amends Sections 37.010(a), (b), and (f), to set forth the terms
by which an expelled student is required to immediately attend an
educational program as provided by law or by the memorandum of
understanding from the date of expulsion, provided certain conditions are
met. Deletes the provision authorizing an officer to determine whether a
petition should be filed alleging that the student is in need of
supervision or has engaged in delinquent conduct, or should be referred to
an appropriate state agency. Makes conforming changes. 

SECTION 5. Amends Section 37.011, Education Code, by amending Subsection
(b) and adding  Subsections (k), (l), and (m), to set forth the terms by
which a juvenile court is required, if a student is expelled under Section
37.007, to order the student to attend JJAEP from the disposition date if
the student is placed on probation under Section 54.04, Family Code; to
require the student to immediately attend JJAEP for not more than six
months if the student is placed on deferred prosecution; and to consider
the length of the school district's expulsion order in determining the
conditions of the deferred prosecution or probation. Deletes the provision
which requires an affirmative finding by a juvenile court under Title 3,
Family Code, before a student is required to be placed in the program.
Establishes the conditions by which each school district in a county with
a population greater than 125,000 and the county juvenile board is
required annually to enter into a joint memorandum of understanding
regarding JJAEP operation, funding, and students served. Requires the
school district to be responsible for providing an immediate educational
placement for students who seriously or persistently misbehave, but are
ineligible for admission into the JJAEP. Requires the memorandum of
understanding to address the circumstances under which students who
persistently misbehave shall be admitted into the JJAEP. Sets forth the
terms by which the issues of dispute between a school district and
juvenile board unable to reach an agreement for adoption of a memorandum
of understanding are required to be resolved. 

SECTION 6. Amends Section 37.012(a), Education Code, to require the school
district in which a student is enrolled on the date a juvenile court
orders the student to attend a JJAEP to transfer to the appropriate
juvenile board funds in an amount determined by the memorandum of
understanding under Section 37.011(k)(2), rather than funds equal to the
district's average per student expenditure in alternative education
programs under Section 37.008. 

SECTION 7. Amends Chapter 37A, Education Code, by adding Section 37.020,
as follows: 
Sec. 37.020. REPORT OF EXPULSIONS. Requires each school district to report
all expulsions to the commissioner of education (commissioner) in the
manner required by the commissioner. 

SECTION 8. Amends Section 51.03(b), Family Code, to make a conforming
change. 

SECTION 9. Amends Section 52.041, Family Code, by adding Subsections
(c)-(e), to require an office or official designated by the juvenile
court, upon receipt of an expulsion notice, to conduct a preliminary
investigation and determination as required by Section 53.01. Requires the
office or official to notify the school district that expelled the child
within two working days regarding certain determinations and court
findings. Sets forth the terms by which no student shall be expelled
without written notification by the board of the school district or its
designated agent to the juvenile board's designated representative. 

SECTION 10. Amends Section 53.02, Family Code, by adding Subsection (e),
to require the release of a child expelled under Section 37.007, Education
Code, in a county with a population greater than 125,000, to be
conditioned on the child's attending a JJAEP pending a deferred
prosecution or formal court disposition of the child's case. 

SECTION 11. Amends Section 54.01(f), Family Code, to make a conforming
change. 

SECTION 12. Amends Section 59.003(a), Family Code, to authorize the
probation department or the juvenile court in a disposition hearing under
Section 54.04 and after a child's first commission of delinquent conduct
or conduct indicating a need for supervision (CINS), to assign sanction
level two for CINS under Section 51.03(b)(6). 

SECTION 13. Effective Date.

SECTION 14. Emergency clause.