82R8676 KKA-D

By: Villarreal H.B. No. 3505

A BILL TO BE ENTITLED

AN ACT

relating to school district governance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.051(a), Education Code, is amended to read as follows:

(a) An independent school district is governed by a board of trustees who, as a body corporate, shall:

(1) provide policy leadership and oversee the management of the district; and

(2) ensure that the superintendent implements and monitors plans, procedures, programs, and systems to achieve appropriate, clearly defined, and desired results in the major areas of district operations.

SECTION 2. Section 11.151(d), Education Code, is amended to read as follows:

(d) The trustees shall [may] adopt rules and bylaws necessary to carry out the powers and duties provided by Subsection (b). Policies regarding district governance must be adopted by the trustees.

SECTION 3. Section 11.1511, Education Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

(c) The board may:

(1) issue bonds and levy, pledge, assess, and collect an annual ad valorem tax to pay the principal and interest on the bonds as authorized under Sections 45.001 and 45.003;

(2) levy, assess, and collect an annual ad valorem tax for maintenance and operation of the district as authorized under Sections 45.002 and 45.003;

(3) employ a person to assess or collect the district's taxes as authorized under Section 45.231; and

(4) enter into contracts as authorized under this code or other law and delegate contractual authority to the superintendent as provided by Subsection (d) [appropriate].

(d) The board shall adopt a policy governing permissible delegation of the board's contractual authority to the superintendent. The policy must:

(1) prohibit delegation to the superintendent of authority for a contract with a value that exceeds a specific amount provided by the board; and

(2) provide for at least a quarterly review by the board of contracts for which authority is delegated to the superintendent.

SECTION 4. Section 11.1512, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) In relation to the superintendent of the school district, the board of trustees of the district has the powers and duties specified by Sections 11.1511(b) and (c). The superintendent shall, on a day-to-day basis, ensure the implementation of the policies created by the board. The superintendent may not implement a policy change without approval by the board.

(a-1) The superintendent has the exclusive responsibility of resolving constituent disputes and problems with the district. A trustee shall refer a constituent with a dispute or problem with the district to the superintendent for resolution.

SECTION 5. Sections 11.1513(a), (b), and (f), Education Code, are amended to read as follows:

(a) The board of trustees of each independent school district shall adopt a policy providing for the employment and duties of district personnel. The employment policy must provide that:

(1) the board employs and evaluates the superintendent;

(2) the superintendent has final authority regarding the selection of all personnel other than the superintendent, unless the board reserves final authority regarding that selection, in which case the superintendent has sole authority to make recommendations to the board regarding the selection of all personnel other than the superintendent[, except that the board may delegate final authority for those decisions to the superintendent]; and

(3) each principal must approve each teacher or staff appointment to the principal's campus as provided by Section 11.202.

(b) In a school district in which the board reserves final authority regarding the selection of all personnel other than the superintendent, the [The] board of trustees may accept or reject the superintendent's recommendation regarding the selection of district personnel and shall include the board's acceptance or rejection in the minutes of the board's meeting, as required under Section 551.021, Government Code, in the certified agenda or tape recording required under Section 551.103, Government Code, or in the recording required under Section 551.125 or 551.127, Government Code, as applicable. If the board rejects the superintendent's recommendation, the superintendent shall make alternative recommendations until the board accepts a recommendation.

(f) If, under the employment policy, [the board of trustees delegates to] the superintendent has [the] final authority to select district personnel:

(1) the superintendent is a public official for purposes of Chapter 573, Government Code, only with respect to a decision made under that [delegation of] authority; and

(2) each member of the board of trustees remains subject to Chapter 573, Government Code, with respect to all district employees.

SECTION 6. Section 11.159, Education Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) A trustee must complete the [any] training required by the State Board of Education. The minutes of the last regular meeting of the board of trustees held during a calendar year must reflect whether each trustee has met or is delinquent in meeting the training required to be completed as of the date of the meeting.

(c) The State Board of Education shall ensure that the training required to be completed by a trustee under Subsection (b) includes at least six hours in team-building training each year and includes discussion of the distinction between governance and management and the evaluation of board and superintendent leadership, governance, and teamwork.

SECTION 7. This Act takes effect September 1, 2011.