86R11941 SRS-F
 
  By: Rosenthal H.B. No. 3545
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to appointment by the commissioner of education of a
  community management board to assume governance of a low-performing
  school district or campus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) Section 39A.002, Education Code, is amended
  to conform to Section 1, Chapter 823 (H.B. 1553), Acts of the 85th
  Legislature, Regular Session, 2017, and further amended to read as
  follows:
         Sec. 39A.002.  AUTHORIZED COMMISSIONER ACTIONS. If a school
  district is subject to commissioner action under Section 39A.001,
  the commissioner may:
               (1)  issue public notice of the deficiency to the board
  of trustees of the district;
               (2)  order a hearing to be conducted by the board of
  trustees of the district to notify the public of:
                     (A)  the insufficient performance;
                     (B)  the improvements in performance expected by
  the agency; and
                     (C)  the interventions and sanctions that may be
  imposed under this subchapter if the performance does not improve;
               (3)  order the preparation of a student achievement
  improvement plan that addresses each academic achievement
  indicator under Section 39.053(c) for which the district's
  performance is insufficient, the submission of the plan to the
  commissioner for approval, and the implementation of the plan;
               (4)  order a hearing to be held before the commissioner
  or the commissioner's designee at which the president of the board
  of trustees of the district and the district's superintendent shall
  appear and explain the district's low performance, lack of
  improvement, and plans for improvement;
               (5)  arrange a monitoring review of the district;
               (6)  appoint an agency monitor to participate in and
  report to the agency on the activities of the board of trustees of
  the district or superintendent;
               (7)  appoint a community management board
  [conservator] to oversee the operations of the district; or
               (8)  authorize the district to enter into a memorandum
  of understanding with an institution of higher education that
  provides for the assistance of the institution of higher education
  in improving the district's performance [appoint a management team
  to direct the operations of the district in areas of insufficient
  performance or require the district to obtain certain services
  under a contract with another person].
         (b)  Chapter 823 (H.B. 1553), Acts of the 85th Legislature,
  Regular Session, 2017, which amended Sections 39.102(a) and
  39.111(c), Education Code, is repealed.
         SECTION 2.  Section 39A.004, Education Code, is amended to
  read as follows:
         Sec. 39A.004.  APPOINTMENT OF COMMUNITY MANAGEMENT BOARD [OF
  MANAGERS]. The commissioner may appoint a community management
  board [of managers] to exercise the powers and duties of a school
  district's board of trustees if the district is subject to
  commissioner action under Section 39A.001 and:
               (1)  has a current accreditation status of
  accredited-warned or accredited-probation;
               (2)  fails to satisfy any standard under Section
  39.054(e); or
               (3)  fails to satisfy financial accountability
  standards as determined by commissioner rule.
         SECTION 3.  Section 39A.102(b), Education Code, is amended
  to read as follows:
         (b)  The commissioner may appoint a monitor[, conservator,
  management team,] or community management board [of managers] to
  the school district to ensure and oversee district-level support to
  low-performing campuses and the implementation of the updated
  targeted improvement plan.
         SECTION 4.  Section 39A.107(c), Education Code, is amended
  to read as follows:
         (c)  If the commissioner does not approve a campus turnaround
  plan, the commissioner shall order:
               (1)  appointment of a community management board [of
  managers] to govern the school district as provided by Section
  39A.202;
               (2)  alternative management of the campus; or
               (3)  closure of the campus.
         SECTION 5.  Section 39A.111, Education Code, is amended to
  read as follows:
         Sec. 39A.111.  CONTINUED UNACCEPTABLE PERFORMANCE RATING.
  If a campus is considered to have an unacceptable performance
  rating for three consecutive school years after the campus is
  ordered to submit a campus turnaround plan under Section 39A.101,
  the commissioner, subject to Section 39A.112, shall order:
               (1)  appointment of a community management board [of
  managers] to govern the school district as provided by Section
  39A.202; or
               (2)  closure of the campus.
         SECTION 6.  The heading to Subchapter E, Chapter 39A,
  Education Code, is amended to read as follows:
  SUBCHAPTER E. COMMUNITY MANAGEMENT BOARD [OF MANAGERS]
         SECTION 7.  Section 39A.201, Education Code, is amended to
  read as follows:
         Sec. 39A.201.  GENERAL POWERS AND DUTIES OF COMMUNITY
  MANAGEMENT BOARD [OF MANAGERS]. (a) A community management board
  [of managers] may exercise all of the powers and duties assigned to
  a board of trustees of a school district by law, rule, or
  regulation.
         (b)  A community management board [of managers] appointed by
  the commissioner under Subchapter C is required to take appropriate
  actions to resolve the conditions that caused a campus to be subject
  to an order under Section 39A.101, including amending the school
  district's budget, reassigning staff, or relocating academic
  programs. The commissioner may adopt rules necessary to implement
  this subsection.
         SECTION 8.  Section 39A.202, Education Code, is amended to
  read as follows:
         Sec. 39A.202.  COMMUNITY MANAGEMENT BOARD [OF MANAGERS] OF
  SCHOOL DISTRICT. (a) If the commissioner appoints a community
  management board [of managers] to govern a school district:
               (1)  the powers of the board of trustees of the district
  are suspended for the period of the appointment; and
               (2)  the commissioner shall appoint a district
  superintendent.
         (b)  Notwithstanding any other provision of this code, a
  community management board [of managers] appointed to govern a
  school district may amend the budget of the district.
         (c)  This chapter applies to a school district governed by a
  community management board [of managers] in the same manner that
  this chapter applies to any other district.
         SECTION 9.  Section 39A.203, Education Code, is amended to
  read as follows:
         Sec. 39A.203.  COMMUNITY MANAGEMENT BOARD OF [MANAGERS OF]
  CAMPUS. (a) If the commissioner appoints a community management
  board [of managers] to govern a campus:
               (1)  the powers of the board of trustees of the school
  district in relation to the campus are suspended for the period of
  the appointment; and
               (2)  the commissioner shall appoint a campus principal.
         (b)  Notwithstanding any other provision of this code, a
  community management board [of managers] appointed to govern a
  campus may submit to the commissioner for approval amendments to
  the budget of the school district for the benefit of the campus. If
  the commissioner approves the amendments, the board of trustees of
  the district shall adopt the amendments.
         SECTION 10.  Section 39A.204, Education Code, is amended to
  read as follows:
         Sec. 39A.204.  COMPOSITION OF COMMUNITY MANAGEMENT BOARD [OF
  MANAGERS]. (a) A community management board [of managers]
  appointed by the commissioner must[, if possible,] include seven
  members as follows:
               (1)  a classroom teacher from the school district or
  campus;
               (2)  a school administrator, if possible with previous
  experience of an intervention or sanction and familiarity with the
  local community; 
               (3)  a community representative from the local
  community council, campus advisory team, or partner organization;
               (4)  a parent representative who has a student enrolled
  in the school district or campus;
               (5)  an elected official who is not part of the school
  district, including a member of the city council or county
  commissioners court; 
               (6)  a business community representative who has
  invested in the local community and has experience with public
  schools; and
               (7)  a community nonprofit representative with
  experience in public schools and the local community [community
  leaders, business representatives who have expertise in
  leadership, and individuals who have knowledge or expertise in the
  field of education].
         (b)  A student member shall be appointed to the community
  management board as an advisory member. The student must:
               (1)  be in the student's junior or senior year of high
  school in good academic standing; and 
               (2)  have two faculty recommendations from the
  student's campus.
         SECTION 11.  Section 39A.205, Education Code, is amended to
  read as follows:
         Sec. 39A.205.  TRAINING OF COMMUNITY MANAGEMENT BOARD [OF
  MANAGERS]. The commissioner must provide each individual appointed
  to a community management board [of managers] with training in
  effective leadership strategies.
         SECTION 12.  Section 39A.206(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner may authorize payment of a community
  management board [of managers] appointed under Subchapter C from
  agency funds. The commissioner may adopt rules necessary to
  implement this subsection.
         SECTION 13.  Section 39A.207, Education Code, is amended to
  read as follows:
         Sec. 39A.207.  REPLACEMENT OF MEMBER OF COMMUNITY MANAGEMENT
  BOARD [OF MANAGERS]. The commissioner may at any time replace a
  member of a community management board [of managers] appointed
  under Subchapter C. The commissioner may adopt rules necessary to
  implement this section.
         SECTION 14.  Section 39A.208, Education Code, is amended to
  read as follows:
         Sec. 39A.208.  EXPIRATION OF APPOINTMENT. (a) A community
  management board [of managers] shall, during the period of the
  appointment, order the election of members of the board of trustees
  of the school district in accordance with applicable provisions of
  law. Except as provided by Subsection (b), the members of the board
  of trustees do not assume any powers or duties after the election
  until the appointment of the community management board [of
  managers] expires.
         (b)  Except as otherwise provided by Subsection (c), not
  later than the second anniversary of the date the community
  management board [of managers] of a school district was appointed,
  the commissioner shall notify the community management board [of
  managers] and the board of trustees of the date on which the
  appointment of the community management board [of managers] will
  expire. Following each of the last three years of the period of the
  appointment, one-third of the members of the community management
  board [of managers] shall be replaced by the number of members of
  the board of trustees of the district who were elected at an
  election ordered under Subsection (a) that constitutes, as closely
  as possible, one-third of the membership of the board of trustees.
         (c)  If, before the second anniversary of the date the
  community management board [of managers] of a school district was
  appointed, the commissioner determines, after receiving local
  feedback, that insufficient progress has been made toward improving
  the academic or financial performance of the district, the
  commissioner may extend the authority of the community management
  board [of managers] for a period of up to two additional years.
         (d)  On the expiration of the appointment of the community
  management board [of managers], the board of trustees assumes all
  of the powers and duties assigned to a board of trustees by law,
  rule, or regulation.
         (e)  Following the expiration of the period of appointment of
  a community management board [of managers] for a school district,
  the commissioner shall provide training in effective leadership
  strategies to the board of trustees of the district.
         SECTION 15.  The heading to Section 39A.209, Education Code,
  is amended to read as follows:
         Sec. 39A.209.  REMOVAL OF COMMUNITY MANAGEMENT BOARD [OF
  MANAGERS].
         SECTION 16.  Sections 39A.209(a), (b), and (c), Education
  Code, are amended to read as follows:
         (a)  Notwithstanding Section 39A.208, the commissioner may
  remove a community management board [of managers] appointed to
  govern a school district under Subchapter C only if the campus that
  was the basis for the appointment of the community management board
  [of managers] receives an acceptable performance rating for two
  consecutive school years.
         (b)  If a campus that was the basis for the appointment of a
  community management board [of managers] receives an unacceptable
  performance rating for two additional consecutive years following
  the appointment of the community management board [of managers],
  the commissioner may remove the community management board [of
  managers] and, in consultation with the local community, may
  appoint a new community management board [of managers] to govern
  the school district.
         (c)  Following the removal of a community management board
  [of managers] under Subsection (a) or (b), or at the request of a
  managing entity appointed under Section 39A.107 to oversee the
  implementation of alternative management, the commissioner may
  appoint a [conservator or] monitor for the school district to
  ensure district-level support for low-performing campuses and to
  oversee the implementation of the updated targeted improvement
  plan.
         SECTION 17.  Section 39A.256, Education Code, is amended to
  read as follows:
         Sec. 39A.256.  APPOINTMENT OF COMMUNITY MANAGEMENT BOARD [OF
  MANAGERS] FOR OPEN-ENROLLMENT CHARTER SCHOOL. (a) A community
  management board [of managers] appointed for an open-enrollment
  charter school or a campus of an open-enrollment charter school
  under this chapter or Chapter 12 has the powers and duties
  prescribed by Section 39A.201(b), if applicable, and Sections
  39A.201(a), 39A.202, and 39A.203[, and 39A.206(b)].
         (b)  Except as otherwise provided by this subsection, the
  community management board [of managers] for an open-enrollment
  charter school or a campus of an open-enrollment charter school may
  not serve for a period that exceeds the period authorized by law for
  a community management board [of managers] appointed for a school
  district. A community management board [of managers] appointed to
  wind up the affairs of a former open-enrollment charter school or
  campus serves until dissolved by the commissioner.
         SECTION 18.  Section 39A.257, Education Code, is amended to
  read as follows:
         Sec. 39A.257.  SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER
  SCHOOL. If the commissioner appoints a community management board
  [of managers] for an open-enrollment charter school or a campus of
  an open-enrollment charter school, the commissioner may also
  appoint a superintendent.
         SECTION 19.  Section 39A.258, Education Code, is amended to
  read as follows:
         Sec. 39A.258.  REMOVAL BY COMMISSIONER. Any person
  appointed to serve on the community management board [of managers]
  for an open-enrollment charter school or a campus of an
  open-enrollment charter school or as superintendent serves at the
  discretion of the commissioner and may be replaced by the
  commissioner at any time.
         SECTION 20.  The heading to Section 39A.259, Education Code,
  is amended to read as follows:
         Sec. 39A.259.  COMPENSATION OF COMMUNITY MANAGEMENT BOARD
  [OF MANAGERS] AND SUPERINTENDENT.
         SECTION 21.  Sections 39A.259(a) and (c), Education Code,
  are amended to read as follows:
         (a)  The commissioner may authorize compensation for a
  member of a community management board [of managers] for an
  open-enrollment charter school or a campus of an open-enrollment
  charter school or a superintendent appointed by the commissioner.
         (c)  The commissioner shall use funds received by or due to
  the former charter holder under Section 12.106 or funds returned to
  the state from liquidation of state property held by a former
  charter holder for compensation of a member of a community
  management board [of managers] for an open-enrollment charter
  school or a campus of an open-enrollment charter school or a
  superintendent.
         SECTION 22.  Section 39A.260, Education Code, is amended to
  read as follows:
         Sec. 39A.260.  IMMUNITY; REPRESENTATION BY ATTORNEY
  GENERAL. Any person appointed by the commissioner to serve on the
  community management board [of managers] for an open-enrollment
  charter school or a campus of an open-enrollment charter school or
  as superintendent acts on behalf of the commissioner and is
  entitled to:
               (1)  sovereign immunity; and
               (2)  representation by the attorney general for any act
  or omission taken while acting in the person's official capacity.
         SECTION 23.  Section 39A.903, Education Code, is amended to
  read as follows:
         Sec. 39A.903.  COSTS PAID BY SCHOOL DISTRICT. The costs of
  providing a monitor, [conservator, management team,] campus
  intervention team, technical assistance team, managing entity, or
  service provider under this chapter shall be paid by the school
  district. If the district fails or refuses to pay the costs in a
  timely manner, the commissioner may:
               (1)  pay the costs using amounts withheld from any
  funds to which the district is otherwise entitled; or
               (2)  recover the amount of the costs in the manner
  provided for recovery of an overallocation of state funds under
  Section 42.258.
         SECTION 24.  Section 39A.904, Education Code, is amended to
  read as follows:
         Sec. 39A.904.  IMMUNITY FROM CIVIL LIABILITY. An employee,
  volunteer, or contractor acting on behalf of the commissioner under
  this chapter, or a member of a community management board [of
  managers] appointed by the commissioner under this chapter, is
  immune from civil liability to the same extent as a professional
  employee of a school district under Section 22.051.
         SECTION 25.  Section 45.061(d), Education Code, is amended
  to read as follows:
         (d)  If a school district fails to comply with the
  commissioner's order under Subsection (c), the commissioner may
  impose any sanction on the district authorized to be imposed on a
  district under Chapter 39A [Subchapter G, Chapter 39], including
  appointment of a community management board [of managers] or
  annexation to another district, regardless of the district's
  accreditation status or the duration of a particular accreditation
  status.
         SECTION 26.  Section 45.261(d), Education Code, is amended
  to read as follows:
         (d)  If a school district fails to comply with the
  commissioner's order under Subsection (c), the commissioner may
  impose any sanction on the district authorized to be imposed on a
  district under Chapter 39A, including appointment of a community
  management board [of managers] or annexation to another district,
  regardless of the district's accreditation status or the duration
  of a particular accreditation status.
         SECTION 27.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 39A.003 and 39A.006; and
               (2)  Section 39A.206(b).
         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.
         SECTION 29.  (a) For the 2020-2021 school year, the
  commissioner of education shall adopt a transition plan to provide
  for the orderly transfer of the governance of a school district or
  campus by 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, to a community
  management board appointed by the commissioner of education.
         (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.
         SECTION 30.  This Act takes effect September 1, 2019.