SRC-JJJ C.S.S.B. 1213 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1213
76R13189 CAS-DBy: Whitmire
Education
4/22/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas public school teachers lack the explicit authority to
discipline a student verbally or by use of non-corporal punishment without
facing recourse from local or state education officials for such actions.
This fear often results in a teacher's only recourse for an unruly student
is to sending the student to the principal's office.  C.S.S.B. 1213 would
establish conditions regarding discipline management techniques that a
public school teacher may use. 

PURPOSE

As proposed, C.S.S.B. 1213 establishes conditions regarding discipline
management techniques that a public school teacher may use. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.451(a), Education Code, to require staff
development provided by a school district to include training in
technology, conflict resolution, and discipline strategies, including
classroom management and district discipline policies.   

SECTION 2. Amends Section 37.001, Education Code, by amending Subsection
(a) and adding Subsections (d) and (e), to require the student code of
conduct to specify disciplinary options available to a teacher in addition
to removing a student from the classroom under Section 37.002, which must
comply with the educator's code of ethics and include the authority to take
certain actions.  Prohibits a teacher from being disciplined for an action
taken in compliance with the student code of conduct and the educator's
code of ethics.  Provides that this section does not affect a teacher's
immunity from civic liability.  

SECTION 3.  Requires each school district to amend the district's student
code of conduct to the extent necessary to comply with this Act, not later
than December 1, 1999. 

SECTION 4.  Emergency clause.
            Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 21.451(a), Education Code, to include training in classroom
management and district discipline policies in staff development.  Deletes
proposed SECTIONS 1 and 2. 

SECTION 2.  

Amends Section 37.001, Education Code, by amending Subsection (a) and
adding Subsections (d) and (e), to include conditions regarding student
discipline in the student code of conduct.  Prohibits a teacher from being
disciplined, if the action taken is in compliance  with the student code of
conduct and the educator's code of ethics.  Provides that this section does
not affect a teacher's immunity from civil liability. 
 
SECTION 3.  

Requires each school district to amend the district's student code of
conduct to the extent necessary to comply with this Act, not later than
December 1, 1999. 
 
SECTION 4.  
 
 Redesignated from proposed SECTION 3.