By Lewis of Orange H.B. No. 1272
74R4467 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to school district employment policies and the roles and
1-3 duties of school administrators.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 13.351(a) and (c), Education Code, are
1-6 amended to read as follows:
1-7 (a) The superintendent is the educational leader and the
1-8 chief executive officer <administrative manager> of the school
1-9 district.
1-10 (c) The duties of the superintendent include:
1-11 (1) assuming administrative responsibility and
1-12 leadership for the planning, operation, supervision, and evaluation
1-13 of the education programs, services, and facilities of the district
1-14 and for the annual performance appraisal of the district's staff;
1-15 (2) assuming administrative authority and
1-16 responsibility for the assignment and evaluation of all personnel
1-17 of the district other than the superintendent <and making
1-18 recommendations regarding the selection, promotion, and dismissal
1-19 of such personnel, except as provided by Section 13.352 of this
1-20 code>;
1-21 (3) making recommendations to the board of trustees
1-22 regarding the selection, promotion, and dismissal of district
1-23 personnel other than the superintendent, in accordance with local
1-24 board policies and Section 13.352;
2-1 (4) <(3)> managing the day-to-day operations of the
2-2 district as its chief executive officer;
2-3 (5) <(4) as directed by local board policy,> causing
2-4 to be prepared a budget covering all estimated revenue and proposed
2-5 expenditures of the district for the next succeeding fiscal year,
2-6 according to generally accepted accounting principles, rules
2-7 adopted by the State Board of Education, and adopted policies of
2-8 the board of trustees;
2-9 (6) <(5)> preparing recommendations for policies to be
2-10 adopted by the board of trustees and overseeing the implementation
2-11 of adopted policies;
2-12 (7) <(6)> developing or causing to be developed
2-13 appropriate administrative regulations to implement policies
2-14 established by the board of trustees;
2-15 (8) <(7)> providing leadership for the attainment of
2-16 student performance in the district based on the indicators adopted
2-17 under Section 35.041 and other indicators as may be adopted by the
2-18 State Board of Education or the district's board of trustees;
2-19 (9) organizing the district's administration; and
2-20 (10) <(8)> performing any other duties assigned by
2-21 action of the board of trustees.
2-22 SECTION 2. Section 13.352(d), Education Code, is amended to
2-23 read as follows:
2-24 (d) Each principal shall:
2-25 (1) approve all teacher and staff appointments for
2-26 that principal's campus from a pool of applicants selected by the
2-27 district or of applicants who meet the hiring requirements
3-1 established by the district, based on criteria developed by the
3-2 principal after informal consultation with the faculty, except that
3-3 the superintendent or the superintendent's designee has final
3-4 authority over placement of a teacher transferred due to enrollment
3-5 or program shifts in the district;
3-6 (2) set specific education objectives for the
3-7 principal's <his> campus, involving staff in the planning process;
3-8 (3) develop budgets for the principal's <his> campus;
3-9 (4) work with school professionals to prepare
3-10 individual development plans; and
3-11 (5) attend in-service training relating to making
3-12 district-level decisions provided under Section 13.049(b) of this
3-13 code.
3-14 SECTION 3. Subchapter B, Chapter 23, Education Code, is
3-15 amended by adding Section 23.281 to read as follows:
3-16 Sec. 23.281. EMPLOYMENT POLICY AND AUTHORITY OVER CONTRACTS.
3-17 (a) The board of trustees of a school district shall adopt a
3-18 policy that provides for the employment of district personnel. The
3-19 policy must delegate final authority to the superintendent
3-20 regarding the selection, promotion, and dismissal of district
3-21 personnel other than the superintendent or provide that the
3-22 superintendent has sole authority to make recommendations to the
3-23 board regarding the selection, promotion, and dismissal of that
3-24 personnel. The policy must be consistent with Section 13.352. The
3-25 policy may specify all terms of employment in the district or may
3-26 delegate the authority to determine terms of employment to the
3-27 superintendent.
4-1 (b) A board of trustees that has not delegated final
4-2 authority over the selection, promotion, and dismissal of district
4-3 personnel to the superintendent may accept or reject the
4-4 superintendent's recommendations regarding the selection,
4-5 promotion, or dismissal of district personnel.
4-6 SECTION 4. Section 23.42(a), Education Code, is amended to
4-7 read as follows:
4-8 (a) On or before a date set by the State Board of Education,
4-9 the superintendent of a school district <president> shall prepare,
4-10 or cause to be prepared, a budget covering all estimated revenue
4-11 and proposed expenditures of the district for the next succeeding
4-12 fiscal year.
4-13 SECTION 5. Section 23.44, Education Code, is amended to read
4-14 as follows:
4-15 Sec. 23.44. Records and Reports. The superintendent
4-16 <president of the board of trustees> shall see to it that records
4-17 are kept and that copies of all budgets, all forms, and all other
4-18 reports are filed at the proper times and in the proper offices as
4-19 required by subsequent sections of this subchapter.
4-20 SECTION 6. Sections 23.41 and 23.43, Education Code, are
4-21 repealed.
4-22 SECTION 7. This Act applies beginning with the 1995-1996
4-23 school year.
4-24 SECTION 8. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.