HBA-CCH H.B. 447 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 447
By: Lewis, Glenn
Public Education
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes schools to adopt in the student code of conduct a
zero tolerance policy for unruly, disruptive, and threatening conduct and
to establish alternative education settings for suspended or expelled
students.  Yet, enforcement of the zero tolerance policy may have led some
students to be unnecessarily suspended or expelled from school.  While it
is important to support the zero tolerance policy, discretion must be
exercised when determining whether a student should be suspended or
expelled.  The consideration of mitigating circumstances regarding certain
violations of the student code of conduct allows for more fair resolutions
that can prevent unnecessary damage to a student's academic record.  House
Bill 447 authorizes school districts to consider mitigating factors in
determining whether to suspend or expel a student from school, or to place
a student in an alternative education setting.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 3 (Section 37.020, Education Code) of this bill.  

ANALYSIS

House Bill 447 amends the Education Code to authorize the board of trustees
(board) of a school district to adopt in the student code of conduct
written policies that consider mitigating factors in the determination of
alternative education program placement or expulsion from school for
certain conduct that occurs on or within 300 feet of school property or
while attending a school-sponsored or school-related activity.  The board
is authorized to provide for a school principal or other appropriate
administrator to reduce the term of alternative placement for a student or
to suspend  rather than placing in an alternative program a student who
engages in conduct involving alcohol, marihuana, a controlled substance, a
dangerous drug, abusable glue, inhalant paraphernalia, aerosol paint,
indecent exposure, or public lewdness, unless the conduct is punishable as
a felony.  The bill also authorizes the board or the board's designee to
reduce the term of expulsion for a student or to place in an alternative
program rather than expelling a student who uses, exhibits, or possesses a
firearm, illegal knife, club, or other prohibited weapon.  Under these
policies, the board must consider a student's disciplinary history, intent,
and academic record and is authorized to consider other appropriate
mitigating factors. The bill requires the commissioner of education, by
rule, to provide for appropriate reporting of action taken under these
provisions. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.