H.B. 2520 78(R)    BILL ANALYSIS


H.B. 2520
By: Dutton
Public Education
Committee Report (Unamended)



BACKGROUND

In 1995, legislation was passed that permitted a board of trustees to
adopt rules for the safety and welfare of students, employees, and
property, as well as other rules it considers necessary to carry out the
governance of the district.  In addition, it was determined that a
violation of such rules is a Class C misdemeanor offense. School
administrators have cited this law to ticket students for student code of
conduct offenses. This interpretation of the law has created an influx of
students appearing in court for these violations. 


PURPOSE 

House Bill 2520 restricts administrators of a school district from
ticketing a student for a violation of the student code of conduct adopted
by the board that is not otherwise considered a violation under state or
federal law. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 2520 amends the Education Code to prohibit a board of trustees
of a school district to adopt or enforce a rule relating to rules for the
safety and welfare of students, employees, and property (Section 37.102)
under which a violation of the student code of conduct adopted under
Section 37.001 is an offense, unless that violation would otherwise be an
offense under state or federal law. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.