By Carona S.B. No. 233
75R3078 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a student disciplinary hearing in which a student
1-3 accuses another student of misconduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 37, Education Code, is
1-6 amended by adding Section 37.0091 to read as follows:
1-7 Sec. 37.0091. RIGHTS OF STUDENT MAKING ACCUSATION OF
1-8 MISCONDUCT. (a) If the policy adopted by a school district
1-9 provides that a student who accuses another student of conduct for
1-10 which a student may be placed in an alternative education program
1-11 under Section 37.006 or expelled under Section 37.007 may appear
1-12 before the person conducting the hearing concerning the alleged
1-13 conduct:
1-14 (1) the school district must notify the parent or
1-15 guardian of the student making the accusation of the time and place
1-16 of each hearing under Section 37.009 concerning the alleged
1-17 conduct; and
1-18 (2) at the hearing, the student making the accusation
1-19 is entitled, while the student is appearing, to be accompanied by
1-20 the student's parent or guardian or another adult who can provide
1-21 guidance to the student and who is not an employee of the school
1-22 district.
1-23 (b) A parent, guardian, or other adult accompanying a
1-24 student under Subsection (a)(2) is not entitled to be present
2-1 during the remainder of the hearing.
2-2 SECTION 2. This Act applies beginning with the 1997-1998
2-3 school year.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.