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A BILL TO BE ENTITLED
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AN ACT
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relating to training requirements for a member of the board of |
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trustees of an independent school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.159, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) A trustee must complete the [any] training required by |
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the State Board of Education. The required training must prepare |
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the trustees to: |
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(1) adopt a vision statement and comprehensive goals |
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for the district and monitor progress toward those goals; |
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(2) establish rigorous academic performance goals for |
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the district and monitor progress toward those goals; |
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(3) establish fiscal performance goals for the |
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district and monitor progress toward those goals; |
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(4) review and evaluate data regarding the performance |
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of the district; and |
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(5) understand the role of a trustee and the |
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superintendent in the operation of the school district, including |
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the role of the trustee regarding personnel decisions for the |
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school district. |
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(c) The trustee must complete the hours of training required |
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by the State Board of Education for each year of service. The |
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period for completing required training for the first year of |
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service begins on the date the trustee took office. Each subsequent |
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period for completing required training begins on the anniversary |
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of the date the trustee took office. The minutes of the last |
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regular meeting of the board of trustees held during a calendar year |
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must reflect whether each trustee has met or is delinquent in |
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meeting the training required to be completed as of the date of the |
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meeting. A trustee who is delinquent in meeting the required |
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training may not vote, deliberate, or be counted as a trustee in |
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attendance at a meeting of the board until the trustee completes the |
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required training. |
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(d) If, on the 30th day before the first date a person may |
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file an application to be a candidate for a place on the board, a |
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trustee serving a term for the position for which an election is to |
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be held is not current on completing the training required by this |
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section, the board shall publish notice of the trustee's failure to |
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complete the required training in a newspaper of general |
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circulation in the district and on the Internet website of the |
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district. |
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SECTION 2. Section 39.052(b), Education Code, is amended to |
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read as follows: |
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(b) In determining the accreditation status of a school |
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district, the commissioner: |
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(1) shall evaluate and consider: |
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(A) performance on student achievement |
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indicators described by Section 39.053(c); and |
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(B) performance under the financial |
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accountability rating system developed under Subchapter D; and |
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(2) may evaluate and consider: |
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(A) the district's compliance with statutory |
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requirements and requirements imposed by rule of the commissioner |
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or State Board of Education under specific statutory authority that |
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relate to: |
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(i) reporting data through the Public |
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Education Information Management System (PEIMS) or other reports |
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required by state or federal law or court order; |
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(ii) the high school graduation |
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requirements under Section 28.025; or |
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(iii) an item listed under Sections |
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7.056(e)(3)(C)-(I) that applies to the district; |
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(B) the effectiveness of the district's programs |
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for special populations; [and] |
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(C) the effectiveness of the district's career |
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and technology program; and |
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(D) the compliance of the board of trustees of |
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the school district in completing the training required under |
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Section 11.159. |
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SECTION 3. Section 39.057(e), Education Code, is amended to |
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read as follows: |
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(e) Regardless of whether the commissioner lowers the |
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school district's accreditation status or a district's or campus's |
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performance rating under Subsection (d), the commissioner may take |
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action under Sections 39.102(a)(2) [39.102(a)(1)] through (9) |
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[(8)] or Section 39.103 if the commissioner determines that the |
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action is necessary to improve any area of a district's or campus's |
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performance, including the district's financial accounting |
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practices. |
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SECTION 4. Section 39.102(a), Education Code, is amended to |
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read as follows: |
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(a) If a school district does not satisfy the accreditation |
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criteria under Section 39.052, the academic performance standards |
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under Section 39.053 or 39.054, or any financial accountability |
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standard as determined by commissioner rule, the commissioner shall |
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take any of the following actions to the extent the commissioner |
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determines necessary: |
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(1) require the board of trustees to participate in |
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training as determined to be appropriate by the commissioner; |
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(2) issue public notice of the deficiency to the board |
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of trustees; |
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(3) [(2)] order a hearing conducted by the board of |
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trustees of the district for the purpose of notifying the public of |
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the insufficient performance, the improvements in performance |
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expected by the agency, and the interventions and sanctions that |
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may be imposed under this section if the performance does not |
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improve; |
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(4) [(3)] order the preparation of a student |
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achievement improvement plan that addresses each student |
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achievement indicator under Section 39.053(c) for which the |
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district's performance is insufficient, the submission of the plan |
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to the commissioner for approval, and implementation of the plan; |
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(5) [(4)] order a hearing to be held before the |
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commissioner or the commissioner's designee at which the president |
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of the board of trustees of the district and the superintendent |
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shall appear and explain the district's low performance, lack of |
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improvement, and plans for improvement; |
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(6) [(5)] arrange an on-site investigation of the |
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district; |
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(7) [(6)] appoint an agency monitor to participate in |
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and report to the agency on the activities of the board of trustees |
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or the superintendent; |
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(8) [(7)] appoint a conservator to oversee the |
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operations of the district; |
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(9) [(8)] appoint a management team to direct the |
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operations of the district in areas of insufficient performance or |
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require the district to obtain certain services under a contract |
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with another person; |
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(10) [(9)] if a district has a current accreditation |
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status of accredited-warned or accredited-probation, fails to |
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satisfy any standard under Section 39.054(e), or fails to satisfy |
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financial accountability standards as determined by commissioner |
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rule, appoint a board of managers to exercise the powers and duties |
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of the board of trustees; |
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(11) [(10)] if for two consecutive school years, |
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including the current school year, a district has received an |
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accreditation status of accredited-warned or accredited-probation, |
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has failed to satisfy any standard under Section 39.054(e), or has |
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failed to satisfy financial accountability standards as determined |
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by commissioner rule, revoke the district's accreditation and: |
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(A) order closure of the district and annex the |
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district to one or more adjoining districts under Section 13.054; |
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or |
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(B) in the case of a home-rule school district or |
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open-enrollment charter school, order closure of all programs |
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operated under the district's or school's charter; or |
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(12) [(11)] if a district has failed to satisfy any |
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standard under Section 39.054(e) due to the district's dropout |
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rates, impose sanctions designed to improve high school completion |
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rates, including: |
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(A) ordering the development of a dropout |
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prevention plan for approval by the commissioner; |
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(B) restructuring the district or appropriate |
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school campuses to improve identification of and service to |
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students who are at risk of dropping out of school, as defined by |
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Section 29.081; |
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(C) ordering lower student-to-counselor ratios |
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on school campuses with high dropout rates; and |
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(D) ordering the use of any other intervention |
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strategy effective in reducing dropout rates, including mentor |
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programs and flexible class scheduling. |
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SECTION 5. Section 39.111(c), Education Code, is amended to |
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read as follows: |
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(c) A conservator or management team, if directed by the |
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commissioner, shall prepare a plan for the implementation of action |
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under Section 39.102(a)(10) [39.102(a)(9)] or (11) [(10)]. The |
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conservator or management team: |
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(1) may direct an action to be taken by the principal |
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of a campus, the superintendent of the district, or the board of |
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trustees of the district; |
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(2) may approve or disapprove any action of the |
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principal of a campus, the superintendent of the district, or the |
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board of trustees of the district; |
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(3) may not take any action concerning a district |
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election, including ordering or canceling an election or altering |
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the date of or the polling places for an election; |
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(4) may not change the number of or method of selecting |
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the board of trustees; |
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(5) may not set a tax rate for the district; and |
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(6) may not adopt a budget for the district that |
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provides for spending a different amount, exclusive of required |
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debt service, from that previously adopted by the board of |
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trustees. |
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SECTION 6. This Act takes effect September 1, 2015. |