By:  Van de Putte                                     S.B. No. 1443
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the powers and duties of the boards of trustees and
 1-3     superintendents of independent school districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.051(a), Education Code, is amended to
 1-6     read as follows:
 1-7           (a)  An independent school district is governed by a board of
 1-8     trustees who, as a body corporate, shall oversee the management of
 1-9     the district.  A member of the board may not, individually, act on
1-10     behalf of the board.  The board of trustees may act only by
1-11     majority vote of the members present at a meeting at which a quorum
1-12     of the board and the district's superintendent or the
1-13     superintendent's designee are present.
1-14           SECTION 2.  Subchapter D, Chapter 11, Education Code, is
1-15     amended by adding Sections 11.1511 and 11.1512 to read as follows:
1-16           Sec. 11.1511.  SPECIFIC POWERS AND DUTIES OF BOARD.  (a)  The
1-17     board of trustees of an independent school district has the powers
1-18     and duties provided by Subsection (b).
1-19           (b)(1)  The board shall:
1-20                       (A)  serve as the leader of and advocate for the
1-21     children of the community the board represents; and
1-22                       (B)  work with the community to make the best use
1-23     of community resources.
 2-1                 (2)  The board shall:
 2-2                       (A)  adopt a vision statement and comprehensive
 2-3     goals for the district and the superintendent; and
 2-4                       (B)  monitor progress toward those goals.
 2-5                 (3)  The board shall establish performance goals for
 2-6     the district concerning:
 2-7                       (A)  the performance indicators under Subchapter
 2-8     C, Chapter 39; and
 2-9                       (B)  any performance indicators adopted by the
2-10     district.
2-11                 (4)  The board shall ensure that the district:
2-12                       (A)  is accountable for achieving results;
2-13                       (B)  recognizes accomplishments; and
2-14                       (C)  takes action as necessary.
2-15                 (5)  The board shall adopt a policy to establish a
2-16     district- and campus-level planning and decision-making process as
2-17     required under Section 11.251.
2-18                 (6)  The board shall publish an annual educational
2-19     performance report as required under Section 39.053.
2-20                 (7)  The board shall:
2-21                       (A)  establish financial goals for the district;
2-22                       (B)  adopt an annual budget for the district as
2-23     required under Section 44.004;
2-24                       (C)  adopt a tax rate each fiscal year as
2-25     required under Section 26.05, Tax Code;
2-26                       (D)  monitor district finances to ensure that
 3-1     district  finances are properly maintained;
 3-2                       (E)  ensure that district fiscal accounts are
 3-3     audited annually as required under Section 44.008; and
 3-4                       (F)  publish an end-of-year financial report for
 3-5     distribution to the community.
 3-6                 (8)  The board may:
 3-7                       (A)  issue bonds  and levy, pledge, assess, and
 3-8     collect an annual ad valorem tax to pay the principal and interest
 3-9     on the bonds as authorized under Sections 45.001 and 45.003;
3-10                       (B)  levy, assess, and collect an annual ad
3-11     valorem tax for maintenance and operation of the district as
3-12     authorized under Sections 45.002 and 45.003; and
3-13                       (C)  employ a person to assess or collect the
3-14     district's taxes as authorized under Section 45.231.
3-15                 (9)  The board may enter into contracts as authorized
3-16     under this code or other law and delegate contractual
3-17     responsibility to the superintendent as appropriate.
3-18                 (10)  The board shall conduct elections as required by
3-19     law.
3-20                 (11)  The board shall inform the superintendent of any
3-21     recommendation or complaint requiring action by the superintendent
3-22     that a member of the public has made concerning district personnel.
3-23                 (12)  The board shall carry out other powers and duties
3-24     provided by this code or other law.
3-25           Sec. 11.1512.  COLLABORATION BETWEEN BOARD AND
3-26     SUPERINTENDENT.  The board of trustees of a school district and the
 4-1     superintendent of the district shall work together to:
 4-2                 (1)  advocate for the high achievement of all district
 4-3     students;
 4-4                 (2)  create strong connections with community
 4-5     organizations to provide community-wide support for the high
 4-6     achievement of all district students;
 4-7                 (3)  provide educational leadership for the district,
 4-8     including leadership in developing and implementing the district
 4-9     vision statement and long-range educational plan in close
4-10     collaboration with teachers, other staff, and parents;
4-11                 (4)  establish district-wide policies and annual goals
4-12     that are tied directly to the district's vision statement and
4-13     long-range educational plan;
4-14                 (5)  support the professional development of
4-15     principals, teachers, and other staff; and
4-16                 (6)  periodically evaluate board and superintendent
4-17     leadership, governance, and teamwork.
4-18           SECTION 3.  Section 11.163, Education Code, is redesignated
4-19     as Section 11.1513, Education Code, and amended to read as follows:
4-20           Sec. 11.1513 [11.163].  EMPLOYMENT POLICY.  (a)  The board of
4-21     trustees of each independent school district shall adopt a policy
4-22     providing for the employment and duties of district personnel.  The
4-23     employment policy must provide that:
4-24                 (1)  the board employs, evaluates, and, if appropriate,
4-25     terminates the employment of the superintendent;
4-26                 (2)  the superintendent has sole authority to make
 5-1     recommendations to the board regarding the selection of all
 5-2     personnel other than the superintendent, except that the board may
 5-3     delegate final authority for those decisions to the superintendent;
 5-4     [and]
 5-5                 (3) [(2)]  each principal must approve each teacher or
 5-6     staff appointment to the principal's campus as provided by Section
 5-7     11.202; and
 5-8                 (4)  each district employee, other than the
 5-9     superintendent, ultimately is answerable to the superintendent.
5-10           (b)  The board of trustees may accept or reject the
5-11     superintendent's recommendation regarding the selection of district
5-12     personnel but may not arbitrarily reject that recommendation.  If
5-13     the board rejects the superintendent's recommendation, the
5-14     superintendent shall make alternative recommendations until the
5-15     board accepts a recommendation.
5-16           (c)  The employment policy may:
5-17                 (1)  specify the terms of employment with the district;
5-18     or
5-19                 (2)  delegate to the superintendent the authority to
5-20     determine the terms of employment with the district.
5-21           SECTION 4.  Section 11.201(d), Education Code, is amended to
5-22     read as follows:
5-23           (d)  The duties of the superintendent include:
5-24                 (1)  assuming administrative responsibility and
5-25     leadership for the planning, organization, operation, supervision,
5-26     and evaluation of the education programs, services, and facilities
 6-1     of the district and for the annual performance appraisal of the
 6-2     district's staff;
 6-3                 (2)  except as provided by Section 11.202, assuming
 6-4     administrative authority and responsibility for the employment,
 6-5     assignment, and evaluation of all personnel of the district other
 6-6     than the superintendent;
 6-7                 (3)  ensuring compliance with standards for the
 6-8     adequacy of school facilities established by the commissioner under
 6-9     Section 46.008 [making recommendations regarding the selection of
6-10     personnel of the district other than the superintendent, as
6-11     provided by Section 11.163];
6-12                 (4)  assuming responsibility for [initiating] the
6-13     termination or suspension of an employee or the nonrenewal of an
6-14     employee's term contract;
6-15                 (5)  managing the day-to-day operations of the district
6-16     as its administrative manager;
6-17                 (6)  preparing and submitting to the board of trustees
6-18     a proposed budget as provided by Section 44.002 and administering
6-19     the budget;
6-20                 (7)  preparing recommendations for policies to be
6-21     adopted by the board of trustees and overseeing the implementation
6-22     of adopted policies;
6-23                 (8)  developing or causing to be developed appropriate
6-24     administrative regulations to implement policies established by the
6-25     board of trustees;
6-26                 (9)  providing leadership for the attainment and, if
 7-1     necessary, improvement of student performance in the district based
 7-2     on the indicators adopted under Section 39.051 and other indicators
 7-3     adopted by the State Board of Education or the district's board of
 7-4     trustees;
 7-5                 (10)  organizing the district's central administration;
 7-6     [and]
 7-7                 (11)  consulting with the district-level committee as
 7-8     required under Section 11.252(f);
 7-9                 (12)  ensuring:
7-10                       (A)  adoption of a student code of conduct as
7-11     required under Section 37.001 and enforcement of that code of
7-12     conduct; and
7-13                       (B)  adoption and enforcement of other student
7-14     disciplinary rules and procedures as necessary;
7-15                 (13)  submitting reports as required by state or
7-16     federal law, rule, or regulation;
7-17                 (14)  providing leadership to ensure that the
7-18     responsibilities of the board and superintendent team are carried
7-19     out;
7-20                 (15)  addressing any issue arising from any
7-21     recommendation or complaint a member of the public has made
7-22     concerning district personnel unless this subchapter clearly
7-23     assigns the responsibility for that issue to the board; and
7-24                 (16)  performing any other duties assigned by action of
7-25     the board of trustees.
7-26           SECTION 5.  Section 11.159(b), Education Code, is amended to
 8-1     read as follows:
 8-2           (b)  A trustee must complete any training required by the
 8-3     State Board of Education.  The minutes of the last regular meeting
 8-4     of the board of trustees held during a calendar year must reflect
 8-5     whether each trustee has met or is delinquent in meeting the
 8-6     training required to be completed by the date of that meeting.
 8-7           SECTION 6.  This Act takes effect September 1, 2001.