HBA-RBT H.B. 389 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 389
By: Tillery
Public Education
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the board of trustees of an independent school district (board)
is not required to consider whether a student was acting in self defense
when making disciplinary decisions.  H.B. 389 requires a board to take
self-defense into account when it is warranted in making decisions
regarding removal, transfer or suspension of a student. 

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 Section 37.001(a), Education Code, to require the board
of trustees of an independent school district, if allowed by this
subchapter and applicable to the facts, to take into account that a student
was acting in self-defense before determining whether to remove the student
from a classroom, campus, or alternative education program, transfer a
student to an alternative education program, or suspend a student on the
basis of the student's action. 

SECTION 2.  Requires the board of trustees of each school district to
ensure that the district's student code of conduct complies with this Act
before the beginning of the 1999-2000 school year. 

SECTION 3.  Emergency clause.
                       Effective date: upon passage.