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39.111(c), Education Code, is repealed.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.