HBA-CCH H.B. 447 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 447 By: Lewis, Glenn Public Education 3/26/2001 Introduced BACKGROUND AND PURPOSE Current law authorizes schools to adopt in the student code of conduct a zero tolerance policy for unruly, disruptive, and threatening conduct and to establish alternative education settings for suspended or expelled students. Yet, enforcement of the zero tolerance policy may have led some students to be unnecessarily suspended or expelled from school. While it is important to support the zero tolerance policy, discretion must be exercised when determining whether a student should be suspended or expelled. The consideration of mitigating circumstances regarding certain violations of the student code of conduct allows for more fair resolutions that can prevent unnecessary damage to a student's academic record. House Bill 447 authorizes school districts to consider mitigating factors in determining whether to suspend or expel a student from school, or to place a student in an alternative education setting. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 3 (Section 37.020, Education Code) of this bill. ANALYSIS House Bill 447 amends the Education Code to authorize the board of trustees (board) of a school district to adopt in the student code of conduct written policies that consider mitigating factors in the determination of alternative education program placement or expulsion from school for certain conduct that occurs on or within 300 feet of school property or while attending a school-sponsored or school-related activity. The board is authorized to provide for a school principal or other appropriate administrator to reduce the term of alternative placement for a student or to suspend rather than placing in an alternative program a student who engages in conduct involving alcohol, marihuana, a controlled substance, a dangerous drug, abusable glue, inhalant paraphernalia, aerosol paint, indecent exposure, or public lewdness, unless the conduct is punishable as a felony. The bill also authorizes the board or the board's designee to reduce the term of expulsion for a student or to place in an alternative program rather than expelling a student who uses, exhibits, or possesses a firearm, illegal knife, club, or other prohibited weapon. Under these policies, the board must consider a student's disciplinary history, intent, and academic record and is authorized to consider other appropriate mitigating factors. The bill requires the commissioner of education, by rule, to provide for appropriate reporting of action taken under these provisions. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.