By: Shapleigh, Shapiro S.B. No. 745
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sanctions that may be imposed on certain school
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 39.131, Education Code, is amended by
1-6 amending Subsections (a) and (e) through (h) and adding Subsections
1-7 (i) and (j) to read as follows:
1-8 (a) If a school district does not satisfy the accreditation
1-9 criteria, or as authorized under Section 39.075, the commissioner
1-10 shall take any of the following actions, listed in order of
1-11 severity, to the extent the commissioner determines necessary:
1-12 (1) issue public notice of the deficiency to the board
1-13 of trustees;
1-14 (2) order a hearing conducted by the board of trustees
1-15 of the district for the purpose of notifying the public of the
1-16 unacceptable performance, the improvements in performance expected
1-17 by the agency, and the sanctions that may be imposed under this
1-18 section if the performance does not improve;
1-19 (3) order the preparation of a student achievement
1-20 improvement plan that addresses each academic excellence indicator
1-21 for which the district's performance is unacceptable, the
1-22 submission of the plan to the commissioner for approval, and
1-23 implementation of the plan;
1-24 (4) order a hearing to be held before the commissioner
1-25 or the commissioner's designee at which the president of the board
2-1 of trustees of the district and the superintendent shall appear and
2-2 explain the district's low performance, lack of improvement, and
2-3 plans for improvement;
2-4 (5) arrange an on-site investigation of the district;
2-5 (6) appoint an agency monitor to participate in and
2-6 report to the agency on the activities of the board of trustees or
2-7 the superintendent;
2-8 (7) appoint a master to oversee the operations of the
2-9 district;
2-10 (8) appoint a management team to direct the operations
2-11 of the district in areas of unacceptable performance or require the
2-12 district to obtain certain services under a contract with another
2-13 person;
2-14 (9) if, for a period of one year or more, a district
2-15 has been rated as academically unacceptable or has had a master or
2-16 management team assigned [for a period of one year or more],
2-17 appoint a board of managers, a majority of whom must be [composed
2-18 of] residents of the district, to exercise the powers and duties of
2-19 the board of trustees; or
2-20 (10) if, for a period of two years or more, a district
2-21 has been rated as academically unacceptable or has had a master or
2-22 management team assigned [for a period of two years or more], annex
2-23 the district to one or more adjoining districts under Section
2-24 13.054 or in the case of a home-rule school district, request the
2-25 State Board of Education to revoke the district's home-rule school
2-26 district charter.
3-1 (e) The commissioner shall clearly define the powers and
3-2 duties of a master or management team appointed to oversee the
3-3 operations of the district. The commissioner may authorize a
3-4 master or management team to employ professional staff as necessary
3-5 to assist the master or management team in performing the master's
3-6 or management team's duties under this section. The cost of
3-7 providing professional staff shall be paid by the district. At any
3-8 time, the commissioner may appoint a management team to replace a
3-9 master or a master to replace a management team. At least every 90
3-10 days, the commissioner shall review the need for the master or
3-11 management team and shall remove the master or management team
3-12 unless the commissioner determines that continued appointment is
3-13 necessary for effective governance of the district or delivery of
3-14 instructional services. A master or management team, if directed
3-15 by the commissioner, shall prepare a plan for the implementation of
3-16 action under Subsection (a)(9) or (10). The master or management
3-17 team:
3-18 (1) may direct an action to be taken by the principal
3-19 of a campus, the superintendent of the district, or the board of
3-20 trustees of the district;
3-21 (2) may approve or disapprove any action of the
3-22 principal of a campus, the superintendent of the district, or the
3-23 board of trustees of the district;
3-24 (3) may not take any action concerning a district
3-25 election, including ordering or canceling an election or altering
3-26 the date of or the polling places for an election;
4-1 (4) may not change the number of or method of
4-2 selecting the board of trustees;
4-3 (5) may not set a tax rate for the district; and
4-4 (6) may not adopt a budget for the district that
4-5 provides for spending a different amount, exclusive of required
4-6 debt service, from that previously adopted by the board of
4-7 trustees.
4-8 (f) A board of managers may exercise all of the powers and
4-9 duties assigned to a board of trustees of a school district by law,
4-10 rule, or regulation. This section applies to a district governed
4-11 by a board of managers in the same manner that this section applies
4-12 to any other district. A master or a member of a management team
4-13 appointed to serve on a board of managers may continue to be
4-14 compensated as determined by the commissioner. At the direction of
4-15 the commissioner but not later than the second anniversary of the
4-16 date the board of managers was appointed, the board of managers
4-17 shall order an election of members of the district board of
4-18 trustees. The election must be held on a uniform election date on
4-19 which an election of district trustees may be held under Section
4-20 41.001, Election Code, that is at least 180 days after the date the
4-21 election was ordered. On qualification of members for office, the
4-22 board of trustees assumes all of the powers and duties assigned to
4-23 a board of trustees by law, rule, or regulation.
4-24 (g) A special campus intervention team appointed under this
4-25 section may consist of teachers, principals, other educational
4-26 professionals, and superintendents recognized for excellence in
5-1 their roles and appointed by the commissioner to serve as members
5-2 of a team.
5-3 (h) [(g)] If the commissioner appoints a board of managers
5-4 to govern a district, the powers of the board of trustees of the
5-5 district are suspended for the period of the appointment and the
5-6 commissioner shall appoint a district superintendent.
5-7 Notwithstanding any other provision of this code, the board of
5-8 managers may amend the budget of the district.
5-9 (i) [(h)] If the commissioner appoints a board of managers
5-10 to govern a campus, the powers of the board of trustees of the
5-11 district in relation to the campus are suspended for the period of
5-12 the appointment and the commissioner shall appoint a campus
5-13 principal. Notwithstanding any other provision of this code, the
5-14 board of managers may submit to the commissioner for approval
5-15 amendments to the budget of the district for the benefit of the
5-16 campus. If the commissioner approves the amendments, the board of
5-17 trustees of the district shall adopt the amendments.
5-18 (j) An employee, volunteer, or contractor acting on behalf
5-19 of the commissioner under this subchapter is immune from civil
5-20 liability to the same extent as a professional employee of a school
5-21 district under Section 22.051.
5-22 SECTION 2. This Act applies beginning with the 2001-2002
5-23 school year.
5-24 SECTION 3. This Act takes effect immediately if it receives
5-25 a vote of two-thirds of all the members elected to each house, as
5-26 provided by Section 39, Article III, Texas Constitution. If this
6-1 Act does not receive the vote necessary for immediate effect, this
6-2 Act takes effect September 1, 2001.