HBA-DMD H.B. 182 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 182 By: Longoria Public Education 2/5/1999 Introduced BACKGROUND AND PURPOSE Teachers and administrators have identified certain characteristics common to children who are at risk of dropping out of school, including coming from single parent families, or being the victims of drug, alcohol, physical or sexual abuse. H.B. 182 requires a school district to investigate the home environment of a student who is identified as a child at risk of dropping out of school. Additionally, if the school district finds that the child's at-risk status is attributable to their home environment, the parent is instructed by the school district to attend a counseling program and the bill establishes fines for a parent's failure to comply with the counseling program instruction. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 29, Education Code, by adding Section 29.086, as follows: Sec. 29.086. COUNSELING FOR PARENT OF AT-RISK STUDENT. (a) Establishes that a risk that a student will drop out of school is "attributable" to the home environment if there is or may be sexual, physical, or psychological abuse at home; the parent lacks basic parenting skills; or the environment is not conducive to scholastic success. Establishes that a "parent" includes a person standing in parental relation, and that a "student at risk of dropping out of school" has the meaning assigned by Sections 29.081(d)(1) and (2) (a seventh through twelfth grade student under the age of 21 that fails to meet certain performance standards, or a prekindergarten through sixth grade student that fails to meet certain performance standards, or was sexually, physically, or psychologically abused, or has limited English proficiency, or who has engaged in delinquent conduct). (b) Requires each teacher in prekindergarten through grade eight to identify a student who is at risk of dropping out, and to notify the person designated by the board of trustees. (c) Requires the board of trustees of each school district to designate a counselor or social worker to perform the duties assigned by this section. (d) Requires a person who has been notified of a student at risk of dropping out of school to investigate the student's home environment. (e) Requires the person conducting the investigation, if they conclude that the risk of the student dropping out of school is attributable to the home environment, to notify the superintendent of the district. Requires the superintendent to issue a written order instructing the student's parent or parents to attend a counseling program designed to assist in improving the student's home environment. Establishes that the order must direct the parent or parents to one or more identified counseling programs. (f) Authorizes a parent aggrieved by the action of a superintendent to appeal the action to the board of trustees no later than the 30th day after receipt of the order. Authorizes a parent aggrieved by the action of the board of trustees to appeal to the commissioner of education. (g) Establishes that a parent who knowingly refuses to attend counseling under this section commits a misdemeanor offense punishable by a fine of up to $25 for the first offense, between $10 and $50 for a second offense, or between $25 and $100 for a third or subsequent offense. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.