By Shapiro                                             S.B. No. 218
         77R2149 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a financial accountability rating system for school
 1-3     districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter I, Chapter 39, Education Code, is
 1-6     amended by adding Sections 39.201-39.204 to read as follows:
 1-7           Sec. 39.201.  DEFINITIONS. In this subchapter:
 1-8                 (1)  "Parent" includes a guardian or other person
 1-9     having lawful control of a student.
1-10                 (2)  "System" means the financial accountability rating
1-11     system.
1-12           Sec. 39.202.  DEVELOPMENT AND IMPLEMENTATION. (a)  The
1-13     commissioner shall develop and implement a financial accountability
1-14     rating system for school districts in this state.
1-15           (b)  The system must include uniform indicators adopted by
1-16     the commissioner by which to measure a district's financial
1-17     management performance.
1-18           Sec. 39.203.  REPORTING. (a)  The commissioner shall develop,
1-19     as part of the system, a reporting procedure under which:
1-20                 (1)  each school district is required to prepare and
1-21     distribute an annual financial management report; and
1-22                 (2)  the public is provided an opportunity to comment
1-23     on the report at a hearing.
1-24           (b)  The annual financial management report must include:
 2-1                 (1)  a description of the  district's financial
 2-2     management performance based on a comparison, provided by the
 2-3     agency, of the district's performance on the indicators adopted
 2-4     under Section 39.202(b) to:
 2-5                       (A)  state-established standards; and
 2-6                       (B)  the district's previous performance on the
 2-7     indicators; and
 2-8                 (2)  any descriptive information required by the
 2-9     commissioner.
2-10           (c)  The report may include:
2-11                 (1)  information concerning the district's:
2-12                       (A)  financial allocations;
2-13                       (B)  tax collections;
2-14                       (C)  financial strength;
2-15                       (D)  operating cost management;
2-16                       (E)  personnel management;
2-17                       (F)  debt management;
2-18                       (G)  facility acquisition and construction
2-19     management;
2-20                       (H)  cash management;
2-21                       (I)  budgetary planning;
2-22                       (J)  overall business management;
2-23                       (K)  compliance with rules; and
2-24                       (L)  data quality; and
2-25                 (2)  any other information the board of trustees
2-26     determines to be necessary or useful.
2-27           (d)  The board of trustees of each school district shall hold
 3-1     a public hearing on the report.  The board shall give notice of the
 3-2     hearing to  owners of real property in the district and to parents
 3-3     of district students.  In addition to other notice required by law,
 3-4     notice of the hearing must be provided:
 3-5                 (1)  to a newspaper of general circulation in the
 3-6     district; and
 3-7                 (2)  through electronic mail to media serving the
 3-8     district.
 3-9           (e)  After the hearing, the report shall be widely
3-10     disseminated in the district in the manner prescribed by the
3-11     commissioner.
3-12           Sec. 39.204.  RULES. The commissioner shall adopt rules as
3-13     necessary for the implementation  and administration of this
3-14     subchapter.
3-15           SECTION 2.  Section 39.073(e), Education Code, is amended to
3-16     read as follows:
3-17           (e)  In determining a district's accreditation rating, the
3-18     agency:
3-19                 (1)  shall consider the district's current special
3-20     education compliance status with the agency; and
3-21                 (2)  may consider the district's performance under the
3-22     financial accountability rating system prescribed by Subchapter I.
3-23           SECTION 3. (a)  This Act takes effect September 1, 2001.
3-24           (b)  The commissioner of education shall implement a
3-25     transitional financial accountability management system not later
3-26     than September 1, 2002.
3-27           (c)  The commissioner of education shall fully implement the
 4-1     financial accountability rating system prescribed by Subchapter I,
 4-2     Chapter 39, Education Code, as amended by this Act, not later than
 4-3     September 1, 2003.
 4-4           (d)  Notwithstanding Section 39.073(e), Education Code, as
 4-5     amended by this Act, the commissioner may not include a district's
 4-6     performance under the financial accountability rating system until
 4-7     that system is fully implemented.