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.