By Reyna of Bexar H.B. No. 2006
76R6484 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the superintendent of a school
1-3 district to select and discharge or suspend school personnel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.163, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 11.163. EMPLOYMENT POLICY. (a) The board of trustees
1-8 of each independent school district shall adopt a policy providing
1-9 for the employment and duties of district personnel. The
1-10 employment policy must provide that[:]
1-11 [(1)] the superintendent has sole authority to select
1-12 [make recommendations to the board regarding the selection of] all
1-13 personnel other than the superintendent and to discharge or suspend
1-14 all personnel other than the superintendent or an employee whose
1-15 discharge or suspension requires action of the board of trustees
1-16 under Chapter 21 [, except that the board may delegate final
1-17 authority for those decisions to the superintendent; and]
1-18 [(2) each principal must approve each teacher or staff
1-19 appointment to the principal's campus as provided by Section
1-20 11.202].
1-21 (b) [The board of trustees may accept or reject the
1-22 superintendent's recommendation regarding the selection of district
1-23 personnel. If the board rejects the superintendent's
1-24 recommendation, the superintendent shall make alternative
2-1 recommendations until the board accepts a recommendation.]
2-2 [(c)] The employment policy may:
2-3 (1) specify the terms of employment with the district;
2-4 or
2-5 (2) delegate to the superintendent the authority to
2-6 determine the terms of employment with the district.
2-7 SECTION 2. Section 11.201(d), Education Code, is amended to
2-8 read as follows:
2-9 (d) The duties of the superintendent include:
2-10 (1) assuming administrative responsibility and
2-11 leadership for the planning, operation, supervision, and evaluation
2-12 of the education programs, services, and facilities of the district
2-13 and for the annual performance appraisal of the district's staff;
2-14 (2) assuming administrative authority and
2-15 responsibility for the assignment and evaluation of all personnel
2-16 of the district other than the superintendent;
2-17 (3) selecting all [making recommendations regarding
2-18 the selection of] personnel of the district other than the
2-19 superintendent, as provided by Section 11.163;
2-20 (4) initiating the termination or suspension of an
2-21 employee or the nonrenewal of an employee's term contract in
2-22 accordance with Chapter 21;
2-23 (5) managing the day-to-day operations of the district
2-24 as its administrative manager;
2-25 (6) preparing and submitting to the board of trustees
2-26 a proposed budget as provided by Section 44.002;
2-27 (7) preparing recommendations for policies to be
3-1 adopted by the board of trustees and overseeing the implementation
3-2 of adopted policies;
3-3 (8) developing or causing to be developed appropriate
3-4 administrative regulations to implement policies established by the
3-5 board of trustees;
3-6 (9) providing leadership for the attainment of student
3-7 performance in the district based on the indicators adopted under
3-8 Section 39.051 and other indicators adopted by the State Board of
3-9 Education or the district's board of trustees;
3-10 (10) organizing the district's central administration;
3-11 and
3-12 (11) performing any other duties assigned by action of
3-13 the board of trustees.
3-14 SECTION 3. Section 11.202(b), Education Code, is amended to
3-15 read as follows:
3-16 (b) Each principal shall:
3-17 (1) [except as provided by Subsection (d), approve all
3-18 teacher and staff appointments for that principal's campus from a
3-19 pool of applicants selected by the district or of applicants who
3-20 meet the hiring requirements established by the district, based on
3-21 criteria developed by the principal after informal consultation
3-22 with the faculty;]
3-23 [(2)] set specific education objectives for the
3-24 principal's campus, through the planning process under Section
3-25 11.253;
3-26 (2) [(3)] develop budgets for the principal's campus;
3-27 (3) [(4)] assume the administrative responsibility and
4-1 instructional leadership, under the supervision of the
4-2 superintendent, for discipline at the campus;
4-3 (4) [(5)] assign, evaluate, and promote personnel
4-4 assigned to the campus;
4-5 (5) [(6)] recommend to the superintendent the
4-6 termination or suspension of an employee assigned to the campus or
4-7 the nonrenewal of the term contract of an employee assigned to the
4-8 campus; and
4-9 (6) [(7)] perform other duties assigned by the
4-10 superintendent pursuant to the policy of the board of trustees.
4-11 SECTION 4. Section 11.202(d), Education Code, is repealed.
4-12 SECTION 5. This Act applies beginning with the 1999-2000
4-13 school year.
4-14 SECTION 6. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.