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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