SRC-JRN C.S.S.B. 598 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 598
By: Wentworth
Education
4-24-97
Committee Report (Substituted)


DIGEST 

Currently, under Chapter 37 of the Education Code, assault against a
school employee is an expellable offense or alternative education program
(AEP) offense only if it is assault under Section 22.01(a)(1) of the Penal
Code.  In addition, the assault must take place on school property or
while attending a school-sponsored or school-related activity on or off
school property.  Finally, a student may be expelled or placed in an AEP
for assaulting only an employee of a school district.  This bill will
expand the list of expellable and AEP offenses; cover assault against
school employees, volunteers, and officers anywhere they may occur; and
add school volunteers and officers to the current code. 

PURPOSE

As proposed, C.S.S.B. 598 expands the list of expellable and alternative
education program offenses; covers assault against school employees,
volunteers, and officers anywhere they may occur; and adds school
volunteers and officers to the current code. 

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, by amending Subsections
(a) and (b) and adding Subsection (d), to require a student to be removed
from class and placed in an alternative education program if the student
harms or threatens to harm a school employee, officer, or  volunteer in
retaliation for, or on account of, that person's service to the school,
whether the conduct occurs on or off school property or while attending a
school-sponsored activity.  Defines "volunteer." Makes conforming changes. 

SECTION 2. Amends Section 37.007, Education Code, by amending Subsection
(b) and adding Subsection (h), to authorize a student to be expelled if
the student engages in conduct that contains the elements of the offense
of assault under Section 22.01, Penal Code, against a school employee,
officer, or volunteer for certain matters.  Defines "volunteer."  Makes
conforming and nonsubstantive changes. 

SECTION 3. Amends Section 37.010(b), Education Code, to make a conforming
change. 

SECTION 4. Provides that this Act applies beginning with the 1997-1998
school year. 

SECTION 5. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 37.006, Education Code, to set forth actions of a student
requiring removal of a student from class.  Deletes proposed Subsection
(c).  Redesignates definition of  "volunteer" from Subsection (e). 

SECTION 2.

Amends Section 37.007, Education Code, to authorize a student to be
expelled if the student engages in conduct that contains the elements of
the offense of assault under Section 22.01, Penal Code, against a school
employee, officer, or volunteer for certain matters.