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A BILL TO BE ENTITLED
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AN ACT
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relating to appointment by the commissioner of education of a |
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community management board to assume governance of a low-performing |
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school district or campus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Section 39A.002, Education Code, is amended |
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to conform to Section 1, Chapter 823 (H.B. 1553), Acts of the 85th |
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Legislature, Regular Session, 2017, and further amended to read as |
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follows: |
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Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school |
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district is subject to commissioner action under Section 39A.001, |
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the commissioner may: |
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(1) issue public notice of the deficiency to the board |
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of trustees of the district; |
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(2) order a hearing to be conducted by the board of |
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trustees of the district to notify the public of: |
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(A) the insufficient performance; |
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(B) the improvements in performance expected by |
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the agency; and |
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(C) the interventions and sanctions that may be |
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imposed under this subchapter if the performance does not improve; |
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(3) order the preparation of a student achievement |
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improvement plan that addresses each academic achievement |
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indicator under Section 39.053(c) for which the district's |
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performance is insufficient, the submission of the plan to the |
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commissioner for approval, and the implementation of the plan; |
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(4) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the president of the board |
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of trustees of the district and the district's superintendent shall |
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appear and explain the district's low performance, lack of |
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improvement, and plans for improvement; |
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(5) arrange a monitoring review of the district; |
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(6) appoint an agency monitor to participate in and |
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report to the agency on the activities of the board of trustees of |
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the district or superintendent; |
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(7) appoint a community management board |
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[conservator] to oversee the operations of the district; or |
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(8) authorize the district to enter into a memorandum |
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of understanding with an institution of higher education that |
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provides for the assistance of the institution of higher education |
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in improving the district's performance [appoint a management team
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to direct the operations of the district in areas of insufficient
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performance or require the district to obtain certain services
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under a contract with another person]. |
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(b) Chapter 823 (H.B. 1553), Acts of the 85th Legislature, |
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Regular Session, 2017, which amended Sections 39.102(a) and |
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39.111(c), Education Code, is repealed. |
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SECTION 2. Section 39A.004, Education Code, is amended to |
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read as follows: |
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Sec. 39A.004. APPOINTMENT OF COMMUNITY MANAGEMENT BOARD [OF
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MANAGERS]. The commissioner may appoint a community management |
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board [of managers] to exercise the powers and duties of a school |
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district's board of trustees if the district is subject to |
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commissioner action under Section 39A.001 and: |
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(1) has a current accreditation status of |
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accredited-warned or accredited-probation; |
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(2) fails to satisfy any standard under Section |
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39.054(e); or |
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(3) fails to satisfy financial accountability |
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standards as determined by commissioner rule. |
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SECTION 3. Section 39A.102(b), Education Code, is amended |
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to read as follows: |
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(b) The commissioner may appoint a monitor[, conservator,
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management team,] or community management board [of managers] to |
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the school district to ensure and oversee district-level support to |
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low-performing campuses and the implementation of the updated |
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targeted improvement plan. |
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SECTION 4. Section 39A.107(c), Education Code, is amended |
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to read as follows: |
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(c) If the commissioner does not approve a campus turnaround |
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plan, the commissioner shall order: |
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(1) appointment of a community management board [of
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managers] to govern the school district as provided by Section |
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39A.202; |
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(2) alternative management of the campus; or |
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(3) closure of the campus. |
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SECTION 5. Section 39A.111, Education Code, is amended to |
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read as follows: |
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Sec. 39A.111. CONTINUED UNACCEPTABLE PERFORMANCE RATING. |
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If a campus is considered to have an unacceptable performance |
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rating for three consecutive school years after the campus is |
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ordered to submit a campus turnaround plan under Section 39A.101, |
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the commissioner, subject to Section 39A.112, shall order: |
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(1) appointment of a community management board [of
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managers] to govern the school district as provided by Section |
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39A.202; or |
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(2) closure of the campus. |
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SECTION 6. The heading to Subchapter E, Chapter 39A, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER E. COMMUNITY MANAGEMENT BOARD [OF MANAGERS] |
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SECTION 7. Section 39A.201, Education Code, is amended to |
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read as follows: |
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Sec. 39A.201. GENERAL POWERS AND DUTIES OF COMMUNITY |
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MANAGEMENT BOARD [OF MANAGERS]. (a) A community management board |
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[of managers] may exercise all of the powers and duties assigned to |
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a board of trustees of a school district by law, rule, or |
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regulation. |
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(b) A community management board [of managers] appointed by |
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the commissioner under Subchapter C is required to take appropriate |
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actions to resolve the conditions that caused a campus to be subject |
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to an order under Section 39A.101, including amending the school |
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district's budget, reassigning staff, or relocating academic |
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programs. The commissioner may adopt rules necessary to implement |
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this subsection. |
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SECTION 8. Section 39A.202, Education Code, is amended to |
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read as follows: |
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Sec. 39A.202. COMMUNITY MANAGEMENT BOARD [OF MANAGERS] OF |
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SCHOOL DISTRICT. (a) If the commissioner appoints a community |
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management board [of managers] to govern a school district: |
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(1) the powers of the board of trustees of the district |
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are suspended for the period of the appointment; and |
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(2) the commissioner shall appoint a district |
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superintendent. |
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(b) Notwithstanding any other provision of this code, a |
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community management board [of managers] appointed to govern a |
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school district may amend the budget of the district. |
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(c) This chapter applies to a school district governed by a |
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community management board [of managers] in the same manner that |
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this chapter applies to any other district. |
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SECTION 9. Section 39A.203, Education Code, is amended to |
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read as follows: |
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Sec. 39A.203. COMMUNITY MANAGEMENT BOARD OF [MANAGERS OF] |
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CAMPUS. (a) If the commissioner appoints a community management |
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board [of managers] to govern a campus: |
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(1) the powers of the board of trustees of the school |
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district in relation to the campus are suspended for the period of |
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the appointment; and |
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(2) the commissioner shall appoint a campus principal. |
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(b) Notwithstanding any other provision of this code, a |
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community management board [of managers] appointed to govern a |
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campus may submit to the commissioner for approval amendments to |
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the budget of the school district for the benefit of the campus. If |
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the commissioner approves the amendments, the board of trustees of |
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the district shall adopt the amendments. |
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SECTION 10. Section 39A.204, Education Code, is amended to |
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read as follows: |
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Sec. 39A.204. COMPOSITION OF COMMUNITY MANAGEMENT BOARD [OF
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MANAGERS]. (a) A community management board [of managers] |
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appointed by the commissioner must[, if possible,] include seven |
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members as follows: |
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(1) a classroom teacher from the school district or |
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campus; |
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(2) a school administrator, if possible with previous |
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experience of an intervention or sanction and familiarity with the |
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local community; |
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(3) a community representative from the local |
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community council, campus advisory team, or partner organization; |
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(4) a parent representative who has a student enrolled |
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in the school district or campus; |
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(5) an elected official who is not part of the school |
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district, including a member of the city council or county |
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commissioners court; |
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(6) a business community representative who has |
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invested in the local community and has experience with public |
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schools; and |
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(7) a community nonprofit representative with |
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experience in public schools and the local community [community
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leaders, business representatives who have expertise in
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leadership, and individuals who have knowledge or expertise in the
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field of education]. |
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(b) A student member shall be appointed to the community |
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management board as an advisory member. The student must: |
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(1) be in the student's junior or senior year of high |
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school in good academic standing; and |
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(2) have two faculty recommendations from the |
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student's campus. |
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SECTION 11. Section 39A.205, Education Code, is amended to |
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read as follows: |
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Sec. 39A.205. TRAINING OF COMMUNITY MANAGEMENT BOARD [OF
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MANAGERS]. The commissioner must provide each individual appointed |
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to a community management board [of managers] with training in |
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effective leadership strategies. |
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SECTION 12. Section 39A.206(a), Education Code, is amended |
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to read as follows: |
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(a) The commissioner may authorize payment of a community |
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management board [of managers] appointed under Subchapter C from |
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agency funds. The commissioner may adopt rules necessary to |
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implement this subsection. |
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SECTION 13. Section 39A.207, Education Code, is amended to |
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read as follows: |
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Sec. 39A.207. REPLACEMENT OF MEMBER OF COMMUNITY MANAGEMENT |
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BOARD [OF MANAGERS]. The commissioner may at any time replace a |
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member of a community management board [of managers] appointed |
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under Subchapter C. The commissioner may adopt rules necessary to |
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implement this section. |
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SECTION 14. Section 39A.208, Education Code, is amended to |
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read as follows: |
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Sec. 39A.208. EXPIRATION OF APPOINTMENT. (a) A community |
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management board [of managers] shall, during the period of the |
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appointment, order the election of members of the board of trustees |
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of the school district in accordance with applicable provisions of |
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law. Except as provided by Subsection (b), the members of the board |
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of trustees do not assume any powers or duties after the election |
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until the appointment of the community management board [of
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managers] expires. |
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(b) Except as otherwise provided by Subsection (c), not |
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later than the second anniversary of the date the community |
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management board [of managers] of a school district was appointed, |
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the commissioner shall notify the community management board [of
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managers] and the board of trustees of the date on which the |
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appointment of the community management board [of managers] will |
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expire. Following each of the last three years of the period of the |
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appointment, one-third of the members of the community management |
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board [of managers] shall be replaced by the number of members of |
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the board of trustees of the district who were elected at an |
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election ordered under Subsection (a) that constitutes, as closely |
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as possible, one-third of the membership of the board of trustees. |
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(c) If, before the second anniversary of the date the |
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community management board [of managers] of a school district was |
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appointed, the commissioner determines, after receiving local |
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feedback, that insufficient progress has been made toward improving |
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the academic or financial performance of the district, the |
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commissioner may extend the authority of the community management |
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board [of managers] for a period of up to two additional years. |
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(d) On the expiration of the appointment of the community |
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management board [of managers], the board of trustees assumes all |
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of the powers and duties assigned to a board of trustees by law, |
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rule, or regulation. |
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(e) Following the expiration of the period of appointment of |
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a community management board [of managers] for a school district, |
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the commissioner shall provide training in effective leadership |
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strategies to the board of trustees of the district. |
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SECTION 15. The heading to Section 39A.209, Education Code, |
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is amended to read as follows: |
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Sec. 39A.209. REMOVAL OF COMMUNITY MANAGEMENT BOARD [OF
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MANAGERS]. |
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SECTION 16. Sections 39A.209(a), (b), and (c), Education |
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Code, are amended to read as follows: |
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(a) Notwithstanding Section 39A.208, the commissioner may |
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remove a community management board [of managers] appointed to |
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govern a school district under Subchapter C only if the campus that |
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was the basis for the appointment of the community management board |
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[of managers] receives an acceptable performance rating for two |
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consecutive school years. |
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(b) If a campus that was the basis for the appointment of a |
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community management board [of managers] receives an unacceptable |
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performance rating for two additional consecutive years following |
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the appointment of the community management board [of managers], |
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the commissioner may remove the community management board [of
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managers] and, in consultation with the local community, may |
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appoint a new community management board [of managers] to govern |
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the school district. |
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(c) Following the removal of a community management board |
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[of managers] under Subsection (a) or (b), or at the request of a |
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managing entity appointed under Section 39A.107 to oversee the |
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implementation of alternative management, the commissioner may |
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appoint a [conservator or] monitor for the school district to |
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ensure district-level support for low-performing campuses and to |
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oversee the implementation of the updated targeted improvement |
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plan. |
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SECTION 17. Section 39A.256, Education Code, is amended to |
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read as follows: |
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Sec. 39A.256. APPOINTMENT OF COMMUNITY MANAGEMENT BOARD [OF
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MANAGERS] FOR OPEN-ENROLLMENT CHARTER SCHOOL. (a) A community |
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management board [of managers] appointed for an open-enrollment |
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charter school or a campus of an open-enrollment charter school |
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under this chapter or Chapter 12 has the powers and duties |
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prescribed by Section 39A.201(b), if applicable, and Sections |
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39A.201(a), 39A.202, and 39A.203[, and 39A.206(b)]. |
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(b) Except as otherwise provided by this subsection, the |
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community management board [of managers] for an open-enrollment |
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charter school or a campus of an open-enrollment charter school may |
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not serve for a period that exceeds the period authorized by law for |
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a community management board [of managers] appointed for a school |
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district. A community management board [of managers] appointed to |
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wind up the affairs of a former open-enrollment charter school or |
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campus serves until dissolved by the commissioner. |
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SECTION 18. Section 39A.257, Education Code, is amended to |
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read as follows: |
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Sec. 39A.257. SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER |
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SCHOOL. If the commissioner appoints a community management board |
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[of managers] for an open-enrollment charter school or a campus of |
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an open-enrollment charter school, the commissioner may also |
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appoint a superintendent. |
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SECTION 19. Section 39A.258, Education Code, is amended to |
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read as follows: |
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Sec. 39A.258. REMOVAL BY COMMISSIONER. Any person |
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appointed to serve on the community management board [of managers] |
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for an open-enrollment charter school or a campus of an |
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open-enrollment charter school or as superintendent serves at the |
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discretion of the commissioner and may be replaced by the |
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commissioner at any time. |
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SECTION 20. The heading to Section 39A.259, Education Code, |
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is amended to read as follows: |
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Sec. 39A.259. COMPENSATION OF COMMUNITY MANAGEMENT BOARD |
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[OF MANAGERS] AND SUPERINTENDENT. |
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SECTION 21. Sections 39A.259(a) and (c), Education Code, |
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are amended to read as follows: |
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(a) The commissioner may authorize compensation for a |
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member of a community management board [of managers] for an |
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open-enrollment charter school or a campus of an open-enrollment |
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charter school or a superintendent appointed by the commissioner. |
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(c) The commissioner shall use funds received by or due to |
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the former charter holder under Section 12.106 or funds returned to |
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the state from liquidation of state property held by a former |
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charter holder for compensation of a member of a community |
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management board [of managers] for an open-enrollment charter |
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school or a campus of an open-enrollment charter school or a |
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superintendent. |
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SECTION 22. Section 39A.260, Education Code, is amended to |
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read as follows: |
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Sec. 39A.260. IMMUNITY; REPRESENTATION BY ATTORNEY |
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GENERAL. Any person appointed by the commissioner to serve on the |
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community management board [of managers] for an open-enrollment |
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charter school or a campus of an open-enrollment charter school or |
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as superintendent acts on behalf of the commissioner and is |
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entitled to: |
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(1) sovereign immunity; and |
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(2) representation by the attorney general for any act |
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or omission taken while acting in the person's official capacity. |
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SECTION 23. Section 39A.903, Education Code, is amended to |
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read as follows: |
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Sec. 39A.903. COSTS PAID BY SCHOOL DISTRICT. The costs of |
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providing a monitor, [conservator, management team,] campus |
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intervention team, technical assistance team, managing entity, or |
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service provider under this chapter shall be paid by the school |
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district. If the district fails or refuses to pay the costs in a |
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timely manner, the commissioner may: |
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(1) pay the costs using amounts withheld from any |
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funds to which the district is otherwise entitled; or |
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(2) recover the amount of the costs in the manner |
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provided for recovery of an overallocation of state funds under |
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Section 42.258. |
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SECTION 24. Section 39A.904, Education Code, is amended to |
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read as follows: |
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Sec. 39A.904. IMMUNITY FROM CIVIL LIABILITY. An employee, |
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volunteer, or contractor acting on behalf of the commissioner under |
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this chapter, or a member of a community management board [of
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managers] appointed by the commissioner under this chapter, is |
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immune from civil liability to the same extent as a professional |
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employee of a school district under Section 22.051. |
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SECTION 25. Section 45.061(d), Education Code, is amended |
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to read as follows: |
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(d) If a school district fails to comply with the |
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commissioner's order under Subsection (c), the commissioner may |
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impose any sanction on the district authorized to be imposed on a |
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district under Chapter 39A [Subchapter G, Chapter 39], including |
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appointment of a community management board [of managers] or |
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annexation to another district, regardless of the district's |
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accreditation status or the duration of a particular accreditation |
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status. |
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SECTION 26. Section 45.261(d), Education Code, is amended |
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to read as follows: |
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(d) If a school district fails to comply with the |
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commissioner's order under Subsection (c), the commissioner may |
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impose any sanction on the district authorized to be imposed on a |
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district under Chapter 39A, including appointment of a community |
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management board [of managers] or annexation to another district, |
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regardless of the district's accreditation status or the duration |
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of a particular accreditation status. |
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SECTION 27. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 39A.003 and 39A.006; and |
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(2) Section 39A.206(b). |
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SECTION 28. To the extent of any conflict, this Act prevails |
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
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SECTION 29. (a) For the 2020-2021 school year, the |
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commissioner of education shall adopt a transition plan to provide |
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for the orderly transfer of the governance of a school district or |
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campus by a conservator, board of managers, or management team |
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under Chapter 39A, Education Code, as that chapter existed |
|
immediately before the effective date of this Act, to a community |
|
management board appointed by the commissioner of education. |
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(b) On the date specified in the transition plan required |
|
under Subsection (a) of this section, each conservator, board of |
|
managers, or management team governing a school district or campus |
|
under Chapter 39A, Education Code, as that chapter existed |
|
immediately before the effective date of this Act, is abolished and |
|
the governance of the school district or campus is transferred to a |
|
community management board appointed by the commissioner of |
|
education. |
|
(c) A policy or procedure of a conservator, board of |
|
managers, or management team under Chapter 39A, Education Code, as |
|
that chapter existed immediately before the effective date of this |
|
Act, that is in effect on the effective date of this Act remains in |
|
effect until changed under procedures consistent with the |
|
governance procedures authorized under Chapter 39A, Education |
|
Code, as amended by this Act. |
|
(d) Not later than September 1, 2020, the commissioner shall |
|
provide a report of the transition plans to the presiding officers |
|
of the standing committees of the senate and of the house of |
|
representatives with primary jurisdiction over public education. |
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SECTION 30. This Act takes effect September 1, 2019. |