SRC-TAG S.B. 596 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 596
78R2842 CAS-DBy: Lindsay
Education
3/12/2003
As Filed


DIGEST AND PURPOSE 

Current school district "zero tolerance" policies do not give
administrators flexibility in certain circumstances.   As proposed, S.B.
596 allows a school district board of trustees to adopt a written policy
as part of the student code of conduct to permit a school principal or
designated administrator to reduce the term of an alternative education
program placement or a student's suspension unless the student's conduct
is punishable by a felony. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 3 (Section 37.020(b), Education Code) of this bill 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.006, Education Code, by amending Subsection
(a) and adding Subsection (m), as follows: 

(a)  Adds a reference to Subsection (m) as an exception to Subsection (a).

(m)  Authorizes the board of trustees of a school district to adopt, as
part of the student code of conduct under Section 37.001, a written policy
providing for a school principal or other appropriate administrator, on
the basis of mitigating circumstances, to reduce the term of an
alternative education program placement otherwise prescribed by district
policy or to suspend a student as provided by Section 37.005 rather than
placing the student in an alternative education program for conduct
specified by Subsection (a)(2)(C), (D), (E), or (F) unless the conduct
specified by Subsection (a)(2)(C) or (D) is punishable as a felony.
Requires a policy adopted under this subsection to consider a student's
disciplinary history, intent or lack of intent, and academic standing and
authorizes the policy to consider any other mitigating circumstances the
board of trustees determines to be appropriate. 

SECTION 2.  Amends Section 37.007, Education Code, by amending Subsection
(a) and adding Subsection (i), as follows: 

(a)  Adds a reference to Subsection (i) as an exception to Subsection (a).

(i)  Authorizes the board of trustees of a school district to adopt, as
part of the student code of conduct under Section 37.001, a written policy
providing for the board or the board's designee, on the basis of
mitigating circumstances, to reduce the term of any expulsion otherwise
prescribed by district policy or to place a student in an alternative
education program rather than expelling the student for conduct specified
by Subsection (a)(1).  Requires a policy adopted under this subsection to
consider a student's disciplinary history, intent or lack of intent, and
academic standing and consider any other mitigating circumstances the
board of trustees determines to be appropriate.  Prohibits the board of
trustees from adopting a policy under this subsection that conflicts with
Subsection (e). 
 
SECTION 3.  Amends Section 37.020, Education Code, as follows:

Sec.  37.020.  REPORTS RELATING TO EXPULSIONS AND ALTERNATIVE EDUCATION
PROGRAM PLACEMENTS.  (a)  Creates new subsection from existing text. 

(b)  Requires the commissioner of education by rule to provide for
appropriate reporting of action taken under Sections 37.006(m) and
37.007(i). 

SECTION 4.  Effective date: upon passage or September 1, 2003.