SRC-JFA S.B. 233 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 233
By: Carona
Education
1-27-97
As Filed


DIGEST 

Currently, Chapter 37A, Education Code, relating to the discipline of
students in schools, does not set forth provisions concerning the rights
of a student who makes an accusation of misconduct against another
student.  Thus, an accusing student may be forced to testify at a hearing
concerning the alleged conduct without any representation.  This bill
would require notice of certain hearings to the parent or guardian of the
accusing student and authorizes attendance by the parent, guardian, or
adult with the student at such hearings.   

PURPOSE

As proposed, S.B. 233 sets forth the rights of a student who makes an
accusation of misconduct in regard to notice of and attendance at a
hearing by the student's parent, guardian, or an adult who can provide
guidance to the student at the hearing.     

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 Chapter 37A, Education Code, by adding Section 37.0091,
as follows: 

Sec. 37.0091.  RIGHTS OF STUDENT MAKING ACCUSATION OF MISCONDUCT. Requires
a school district to notify the parent or guardian of the time and place
of certain hearings concerning the conduct of which the parent or
guardian's student accuses another student; and entitles the student to be
accompanied by the student's parent or guardian or another adult who can
provide guidance to the student at such hearings at the student's request.
Provides that the parent, guardian, or adult is not entitled to be present
during the remainder of such hearings.  

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

SECTION 3. Emergency clause.  
  Effective date:  upon passage.