BILL ANALYSIS

Senate Research Center                                                                                                       H.B. 603

                                                                                                                          By: Eissler (Lindsay)

Education

5/4/2005

Engrossed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

H.B. 603 adds to Chapter 37 of the Education Code a provision that the locally adopted student code of conduct must specify whether consideration is given in a decision when suspension, expulsion, or disciplinary alternative education program placement is ordered, to intent or lack thereof, a student's disciplinary history, and/or a student's disability that substantially impairs capacity.  It also states that there is no minimum term of removal under Section 37.006 (Removal for Certain Conduct) or an expulsion under 37.007 (Expulsion for Serious Offenses).

This language, except for the disability provision, is exactly the same as S.B. 126, which passed the senate unanimously in April.  The House substituted the language for S.B. 126 in H.B. 603.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.001, Education Code, by amending Subsection (a) and adding Subsection (e), as follows:

(a)  Makes modifications to the requirements for a student code of conduct.

(e)  Provides that, except as provided by Section 37.007(e) (Expulsion for Serious Offenses), this subchapter does not require the student code of conduct to specify a minimum term of a removal under Section 37.006 (Removal for Certain Conduct) or an expulsion under Section 37.007 (Expulsion for Serious Offenses).

SECTION 2.  Effective date:  upon passage or September 1, 2005.