By Shapiro                                      S.B. No. 1123

      75R5356 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to limiting the assignment of a student to a particular

 1-3     class under certain circumstances.

 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 37.0031 to read as follows:

 1-7           Sec. 37.0031.  LIMITING ASSIGNMENT OF CERTAIN STUDENTS TO

 1-8     CLASS OF VICTIM.  A student who has been adjudicated as having

 1-9     engaged in delinquent conduct as defined under Section 51.03,

1-10     Family Code,  that included violation of Section 21.11, 22.011, or

1-11     22.021, Penal Code, or who has been convicted of an offense under

1-12     one of those sections, may not be assigned to the same class as the

1-13     victim of that delinquent conduct or offense, as applicable,

1-14     without the consent of the victim's parent or of the victim, if the

1-15     victim is 18 years of age or older, unless the committee

1-16     established under Section 37.003 determines that such a placement

1-17     is the only alternative.

1-18           SECTION 2.  Section 37.003(a), Education Code, is amended to

1-19     read as follows:

1-20           (a)  Each school shall establish a three-member committee to

1-21     determine placement of a student when a teacher refuses the return

1-22     of a student to the teacher's class or a parent or victim refuses

1-23     the student's assignment to a class under Section 37.0031 and to

1-24     make recommendations to the district regarding readmission of

 2-1     expelled students.  Members shall be appointed as follows:

 2-2                 (1)  the campus faculty shall choose two teachers to

 2-3     serve as members and one teacher to serve as an alternate member;

 2-4     and

 2-5                 (2)  the principal shall choose one member from the

 2-6     professional staff of a campus.

 2-7           SECTION 3.  This Act applies beginning with the 1997-1998

 2-8     school year.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended,

2-14     and that this Act take effect and be in force from and after its

2-15     passage, and it is so enacted.