S.B. 596 78(R)    BILL ANALYSIS


S.B. 596
By: Lindsay
Public Education
Committee Report (Amended)

BACKGROUND AND PURPOSE 

Current school district "zero tolerance" policies do not give
administrators flexibility in certain circumstances. S.B. 596 provides
that the student code of conduct is not required to specify any particular
minimum term of an alternative education placement or of an expulsion.
This bill also prohibits a school district from punishing a student based
on conduct that contains the elements of an offense under the Penal Code
unless certain persons review the conduct and reasonably believe that the
student had the culpable mental state required for that offense under the
Penal Code.   

RULEMAKING AUTHORITY

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

ANALYSIS

S.B. 596 amends the Education Code to provide that this subchapter does
not require the student code of conduct to specify any particular minimum
term of an alternative education placement under Section 37.006 or of an
expulsion under Section 37.007, except as provided by Section 37.007(e).  

The bill prohibits a school district from punishing a student under this
subchapter based on conduct that contains the elements of an offense under
the Penal Code unless the principal, board of trustees, or other person
authorized under Section 37.009 to review the conduct, reasonably believes
that the student had the culpable mental state required for that offense
under the Penal Code. 

The bill provides that 37.007(e) is an exception to requiring a student to
be expelled from a school if the student intentionally, knowingly, or
recklessly uses certain illegal items or engages in certain illegal
activities, on school property or while attending a school-sponsored or
school-related activity on or off of school property.  

The bill makes application of Sections 37.0011 and 37.007(a), Education
Code, as added by this Act, prospective.  

EFFECTIVE DATE

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

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 prohibits a board of trustees from adopting or
enforcing a rule under Section 37.102 under which a violation of the
student code of conduct (Section 37.001) is an offense unless that
violation would otherwise be an offense under, local, state, or federal
law. Committee Amendment No. 2 amends Section 37.008 to require that each
school district provide an alternative education program that provides
students in accordance with commissioner rule, a course necessary for a
high school student to fulfill the student's graduation requirements in a
timely manner. Committee Amendment No. 3 modifies Section 37.0011 relating
to culpable mental state and deletes previously added text: "except as
provided under Subsection (e), intentionally, knowingly, or recklessly."