SRC-CTC S.B. 745 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 745
77R5640 CAS-DBy: Shapleigh
Education
3/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, the commissioner of education (commissioner) is authorized to
temporarily replace a school district board of trustees or annex the
district into one or more adjoining districts if the district has earned an
academically unacceptable rating for a period of one year or more.  As
proposed, S.B. 745 allows for certain sanctions against a school district
if a master or management team has been assigned for a specific period of
time. 


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.131, Education Code, to (a) require the
commissioner of education (commissioner) to take certain actions as
authorized under Section 39.075, or if a school district does not satisfy
the accreditation criteria.  Requires the commissioner, if a district has
been rated as academically unacceptable or has had a master or management
team assigned for a period of one year or more, to appoint a board of
managers, a majority of whom must be residents of the district, to exercise
the powers and duties of the board of trustees.  Requires the commissioner,
if a district has been rated as academically unacceptable or has had a
master or management team assigned for a period of two or more years, to
annex the district to one or more adjoining districts under Section 13.054
or in the case of a home-rule school district, request the State Board of
Education to revoke the district's home-rule school district charter. 

(e)  Authorizes the commissioner to authorize a master or management team
to employ professional staff as necessary to assist the master or
management team in performing the master's or management team's duties
under this section.  Requires that the district pay the cost of providing
professional staff.  Authorizes the commissioner, at any time, to appoint a
management team to replace a master or vice versa. 

(f) Authorizes a board of managers to exercise all of the powers and duties
assigned to a board of trustees of a school district by law, rule, or
regulation.  Provides that this section applies to a district governed by a
board of managers in the same manner that this section applies to any other
district.  Authorizes a master or a member of a management team appointed
to serve on a board of managers to continue to be compensated as determined
by the commissioner. Requires the board of managers, at the direction of
the commissioner but not later than a certain date, to order an election of
the members of the district board of trustees.  Provides that the election
must be held on a uniform election date on which an election of district
trustees may be held under Section 41.001, Election Code (Uniform Election
Dates), that is at least 180 days after the date the election was ordered.
Provides that on qualification of members for office, the board of trustees
assumes all powers and duties assigned to a board of trustees by law, rule,
or regulation. 
 
(j) Provides that an employee, volunteer, or contractor acting on behalf of
the commissioner under this subchapter is immune from civil liability to
the same extent as a professional employee of a school district under
Section 22.051. 

SECTION 2.  Makes application of this Act prospective to the 2001-2002
school year. 

SECTION 3.  Effective date: upon passage or September 1, 2001.