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.