1-1 By: Shapleigh S.B. No. 745
1-2 (In the Senate - Filed February 16, 2001; February 19, 2001,
1-3 read first time and referred to Committee on Education;
1-4 April 27, 2001, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 27, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to sanctions that may be imposed on certain school
1-9 districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 39.131, Education Code, is amended by
1-12 amending Subsections (a) and (e) through (h) and adding Subsections
1-13 (i) and (j) to read as follows:
1-14 (a) If a school district does not satisfy the accreditation
1-15 criteria, or as authorized under Section 39.075, the commissioner
1-16 shall take any of the following actions, listed in order of
1-17 severity, to the extent the commissioner determines necessary:
1-18 (1) issue public notice of the deficiency to the board
1-19 of trustees;
1-20 (2) order a hearing conducted by the board of trustees
1-21 of the district for the purpose of notifying the public of the
1-22 unacceptable performance, the improvements in performance expected
1-23 by the agency, and the sanctions that may be imposed under this
1-24 section if the performance does not improve;
1-25 (3) order the preparation of a student achievement
1-26 improvement plan that addresses each academic excellence indicator
1-27 for which the district's performance is unacceptable, the
1-28 submission of the plan to the commissioner for approval, and
1-29 implementation of the plan;
1-30 (4) order a hearing to be held before the commissioner
1-31 or the commissioner's designee at which the president of the board
1-32 of trustees of the district and the superintendent shall appear and
1-33 explain the district's low performance, lack of improvement, and
1-34 plans for improvement;
1-35 (5) arrange an on-site investigation of the district;
1-36 (6) appoint an agency monitor to participate in and
1-37 report to the agency on the activities of the board of trustees or
1-38 the superintendent;
1-39 (7) appoint a master to oversee the operations of the
1-40 district;
1-41 (8) appoint a management team to direct the operations
1-42 of the district in areas of unacceptable performance or require the
1-43 district to obtain certain services under a contract with another
1-44 person;
1-45 (9) if, for a period of one year or more, a district
1-46 has been rated as academically unacceptable or has had a master or
1-47 management team assigned [for a period of one year or more],
1-48 appoint a board of managers, a majority of whom must be [composed
1-49 of] residents of the district, to exercise the powers and duties of
1-50 the board of trustees; or
1-51 (10) if, for a period of two years or more, a district
1-52 has been rated as academically unacceptable or has had a master or
1-53 management team assigned [for a period of two years or more], annex
1-54 the district to one or more adjoining districts under Section
1-55 13.054 or in the case of a home-rule school district, request the
1-56 State Board of Education to revoke the district's home-rule school
1-57 district charter.
1-58 (e) The commissioner shall clearly define the powers and
1-59 duties of a master or management team appointed to oversee the
1-60 operations of the district. The commissioner may authorize a
1-61 master or management team to employ professional staff as necessary
1-62 to assist the master or management team in performing the master's
1-63 or management team's duties under this section. The cost of
1-64 providing professional staff shall be paid by the district. At any
2-1 time, the commissioner may appoint a management team to replace a
2-2 master or a master to replace a management team. At least every 90
2-3 days, the commissioner shall review the need for the master or
2-4 management team and shall remove the master or management team
2-5 unless the commissioner determines that continued appointment is
2-6 necessary for effective governance of the district or delivery of
2-7 instructional services. A master or management team, if directed
2-8 by the commissioner, shall prepare a plan for the implementation of
2-9 action under Subsection (a)(9) or (10). The master or management
2-10 team:
2-11 (1) may direct an action to be taken by the principal
2-12 of a campus, the superintendent of the district, or the board of
2-13 trustees of the district;
2-14 (2) may approve or disapprove any action of the
2-15 principal of a campus, the superintendent of the district, or the
2-16 board of trustees of the district;
2-17 (3) may not take any action concerning a district
2-18 election, including ordering or canceling an election or altering
2-19 the date of or the polling places for an election;
2-20 (4) may not change the number of or method of
2-21 selecting the board of trustees;
2-22 (5) may not set a tax rate for the district; and
2-23 (6) may not adopt a budget for the district that
2-24 provides for spending a different amount, exclusive of required
2-25 debt service, from that previously adopted by the board of
2-26 trustees.
2-27 (f) A board of managers may exercise all of the powers and
2-28 duties assigned to a board of trustees of a school district by law,
2-29 rule, or regulation. This section applies to a district governed
2-30 by a board of managers in the same manner that this section applies
2-31 to any other district. A master or a member of a management team
2-32 appointed to serve on a board of managers may continue to be
2-33 compensated as determined by the commissioner. At the direction of
2-34 the commissioner but not later than the second anniversary of the
2-35 date the board of managers was appointed, the board of managers
2-36 shall order an election of members of the district board of
2-37 trustees. The election must be held on a uniform election date on
2-38 which an election of district trustees may be held under Section
2-39 41.001, Election Code, that is at least 180 days after the date the
2-40 election was ordered. On qualification of members for office, the
2-41 board of trustees assumes all of the powers and duties assigned to
2-42 a board of trustees by law, rule, or regulation.
2-43 (g) A special campus intervention team appointed under this
2-44 section may consist of teachers, principals, other educational
2-45 professionals, and superintendents recognized for excellence in
2-46 their roles and appointed by the commissioner to serve as members
2-47 of a team.
2-48 (h) [(g)] If the commissioner appoints a board of managers
2-49 to govern a district, the powers of the board of trustees of the
2-50 district are suspended for the period of the appointment and the
2-51 commissioner shall appoint a district superintendent.
2-52 Notwithstanding any other provision of this code, the board of
2-53 managers may amend the budget of the district.
2-54 (i) [(h)] If the commissioner appoints a board of managers
2-55 to govern a campus, the powers of the board of trustees of the
2-56 district in relation to the campus are suspended for the period of
2-57 the appointment and the commissioner shall appoint a campus
2-58 principal. Notwithstanding any other provision of this code, the
2-59 board of managers may submit to the commissioner for approval
2-60 amendments to the budget of the district for the benefit of the
2-61 campus. If the commissioner approves the amendments, the board of
2-62 trustees of the district shall adopt the amendments.
2-63 (j) An employee, volunteer, or contractor acting on behalf
2-64 of the commissioner under this subchapter is immune from civil
2-65 liability to the same extent as a professional employee of a school
2-66 district under Section 22.051.
2-67 SECTION 2. This Act applies beginning with the 2001-2002
2-68 school year.
2-69 SECTION 3. This Act takes effect immediately if it receives
3-1 a vote of two-thirds of all the members elected to each house, as
3-2 provided by Section 39, Article III, Texas Constitution. If this
3-3 Act does not receive the vote necessary for immediate effect, this
3-4 Act takes effect September 1, 2001.
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