1 | 1 | | 81R698 PAM-D |
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2 | 2 | | By: Dutton H.B. No. 905 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to procedures for management of certain public school |
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8 | 8 | | campuses and school districts identified as academically |
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9 | 9 | | unacceptable. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 39.135, Education Code, is amended by |
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12 | 12 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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13 | 13 | | follows: |
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14 | 14 | | (b) On or before the 90th day after the date the conservator |
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15 | 15 | | or management team is appointed [At least every 90 days], the |
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16 | 16 | | commissioner shall review the need for the conservator or |
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17 | 17 | | management team and shall remove the conservator or management team |
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18 | 18 | | unless the commissioner determines that continued appointment is |
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19 | 19 | | necessary for effective governance of the district or delivery of |
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20 | 20 | | instructional services. The commissioner shall remove the |
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21 | 21 | | conservator or management team on or before the 180th day after the |
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22 | 22 | | date of appointment. |
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23 | 23 | | (b-1) Every 90 days, the conservator or management team |
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24 | 24 | | shall file a report with the governor, the speaker of the house of |
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25 | 25 | | representatives, the lieutenant governor, and each state |
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26 | 26 | | representative and senator who represents any part of the area in |
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27 | 27 | | which the school district is located. The report must indicate the |
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28 | 28 | | current status of the district, including any progress made since |
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29 | 29 | | the appointment or last report, as applicable, problems identified, |
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30 | 30 | | and solutions suggested or implemented. |
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31 | 31 | | SECTION 2. Subchapter G, Chapter 39, Education Code, is |
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32 | 32 | | amended by adding Section 39.1351 to read as follows: |
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33 | 33 | | Sec. 39.1351. MONITOR. (a) Every 90 days, a monitor |
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34 | 34 | | appointed to participate in and report to the agency on activities |
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35 | 35 | | of the board of trustees or the superintendent under this |
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36 | 36 | | subchapter shall file a report with the governor, the speaker of the |
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37 | 37 | | house of representatives, the lieutenant governor, and each state |
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38 | 38 | | representative and senator who represents any part of the area in |
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39 | 39 | | which the district is located. The report must indicate the current |
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40 | 40 | | status of the district, including any progress made since the |
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41 | 41 | | appointment or last report, as applicable, problems identified, and |
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42 | 42 | | solutions suggested or implemented. |
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43 | 43 | | (b) The commissioner shall remove the monitor on or before |
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44 | 44 | | the 180th day after the date of appointment. |
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45 | 45 | | SECTION 3. Section 39.136, Education Code, is amended by |
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46 | 46 | | adding Subsection (c-1) and amending Subsection (e) to read as |
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47 | 47 | | follows: |
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48 | 48 | | (c-1) Every 90 days, the board of managers shall file a |
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49 | 49 | | report with the governor, the speaker of the house of |
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50 | 50 | | representatives, the lieutenant governor, and each state |
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51 | 51 | | representative and senator who represents any part of the area in |
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52 | 52 | | which the district is located. The report must indicate the current |
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53 | 53 | | status of the district, including any progress made since the |
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54 | 54 | | appointment or last report, as applicable, problems identified, and |
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55 | 55 | | solutions suggested or implemented. |
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56 | 56 | | (e) At the direction of the commissioner but not later than |
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57 | 57 | | the 180th day after [second anniversary of] the date the board of |
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58 | 58 | | managers of a district was appointed, the board of managers shall |
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59 | 59 | | order an election of members of the district board of trustees. The |
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60 | 60 | | election must be held on a uniform election date on which an |
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61 | 61 | | election of district trustees may be held under Section 41.001, |
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62 | 62 | | Election Code, that is at least 180 days after the date the election |
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63 | 63 | | was ordered. On qualification of members for office, the board of |
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64 | 64 | | trustees assumes all of the powers and duties assigned to a board of |
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65 | 65 | | trustees by law, rule, or regulation. |
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66 | 66 | | SECTION 4. Subchapter G, Chapter 39, Education Code, as |
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67 | 67 | | amended by this Act, applies only to a monitor, conservator, |
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68 | 68 | | management team, or board of managers of a school district |
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69 | 69 | | appointed on or after the effective date of this Act. |
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70 | 70 | | SECTION 5. This Act takes effect immediately if it receives |
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71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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74 | 74 | | Act takes effect September 1, 2009. |
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