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.