JLM S.B. 137 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
S.B. 137
By: Bivins (Sadler)
5-20-97
Committee Report (Unamended)



BACKGROUND 

Currently, the Texas Family Code defines "child" as a person older than 10
and under 17 years of age. Juvenile authorities, therefore, have no
jurisdiction over children younger than 10. Because of this, if a student
under 10 is expelled from school, the juvenile authorities may not place
the student in a juvenile justice alternative education program. This bill
will require the removal of a student younger than 10 years of age, who
engages in certain conduct, to an alternative education program and will
prohibit that student's expulsion. 

PURPOSE

As proposed, S.B. 137 will require the removal of students under 10 years
of age, who engage in certain conduct, to an alternative education
program. 

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 37.006, Education Code, to require a student
younger than 10 years of age to be removed from class and placed in an
alternative education program under Section 37.008 if the student engages
in conduct described by Section 37.007. Makes a conforming change. 

SECTION 2. Amends Section 37.007, Education Code, by adding Subsection
(h), to prohibit the expulsion, notwithstanding any other provision of
this section, of a student who is younger than 10 years of age for
engaging in conduct described by this section. 

SECTION 3. Provides that this Act applies beginning with the 1997-1998
school year. 

SECTION 4. Emergency clause. Effective date: upon passage.