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.