HBA-MPA H.B. 449 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 449
By: Pitts
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, students who are suspended or expelled from school are liable to
become a problem by having unstructured time in which to become involved in
criminal activities.  H.B. 449 requires that the principal of an elementary
or secondary school notify the juvenile probation department for the county
where the school is located. 

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 A, Chapter 37, Education Code, by adding
Section 37.0041, as follows: 

Sec. 37.0041.  PRIOR NOTIFICATION TO JUVENILE PROBATION DEPARTMENT. (a)
Requires the principal of a public elementary or secondary school to notify
the juvenile probation department for the county where the school is
located before suspending or expelling a student.  Provides an exception
under Subsection (b). 

(b) Requires the principal or designee, if the expulsion of the student is
immediate as authorized by Section 37.019, Education Code (Emergency
Placement or Expulsion), to notify the juvenile probation department
immediately after the expulsion. 

(c) Provides that notification of juvenile probation authorities is in
addition to required notification of juvenile court as provided in Section
37.010 (Court Involvement), Education Code. 

SECTION 2. Effective Date: 1999-2000 school year.

SECTION 3.  Emergency clause.
            Effective date:  upon passage.