HBA-DMD H.B. 182 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 182
By: Longoria
Public Education
2/5/1999
Introduced



BACKGROUND AND PURPOSE 

Teachers and administrators have identified certain characteristics common
to children who are at risk of dropping out of school, including coming
from single parent families, or being the victims of drug, alcohol,
physical or sexual abuse.  H.B. 182 requires a school district to
investigate the home environment of a student who is identified as a child
at risk of dropping out of school.  Additionally, if the school district
finds that the child's at-risk status is attributable to their home
environment, the parent is instructed by the school district to attend a
counseling program and the bill establishes fines for a parent's failure to
comply with the counseling program instruction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate  any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 29, Education Code, by adding
Section 29.086, as follows: 

Sec. 29.086.  COUNSELING FOR PARENT OF AT-RISK STUDENT. (a) Establishes
that a risk that a student will drop out of school is "attributable" to the
home environment if there is or may be sexual, physical, or psychological
abuse at home; the parent lacks basic parenting skills; or the environment
is not conducive to scholastic success.  Establishes that a "parent"
includes a person standing in parental relation, and that a "student at
risk of dropping out of school" has the meaning assigned by Sections
29.081(d)(1) and (2) (a seventh through twelfth grade student under the age
of 21 that fails to meet certain performance standards, or a
prekindergarten through sixth grade student that fails to meet certain
performance standards, or was sexually, physically, or psychologically
abused, or has limited English proficiency, or who has engaged in
delinquent conduct). 

(b)  Requires each teacher in prekindergarten through grade eight to
identify a student who is at risk of dropping out, and to notify the person
designated by the board of trustees.  
(c) Requires the board of trustees of each school district to designate a
counselor or social worker to perform the duties assigned by this section.

(d) Requires a person who has been notified of a student at risk of
dropping out of school to investigate the student's home environment.   

(e) Requires the person conducting the investigation, if they conclude that
the risk of the student dropping out of school is attributable to the home
environment, to notify the superintendent of the district.  Requires the
superintendent to issue a written order instructing the student's parent or
parents to attend a counseling program designed to assist in improving the
student's home environment. Establishes that the order must direct the
parent or parents to one or more identified counseling programs. 

(f) Authorizes a parent aggrieved by the action of a superintendent to
appeal  the action  to the board of trustees no later than the 30th day
after receipt of the order.  Authorizes a parent aggrieved by the action of
the board of trustees to appeal to the commissioner of education. 

(g) Establishes that a parent who knowingly refuses to attend counseling
under this section commits a misdemeanor offense punishable by a fine of up
to $25 for the first offense, between $10 and $50 for a second offense, or
between $25 and $100 for a third or subsequent offense. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.