Texas 2019 - 86th Regular

Texas House Bill HB3545 Compare Versions

Only one version of the bill is available at this time.

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1	1	86R11941 SRS-F
2	2	By: Rosenthal H.B. No. 3545
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to appointment by the commissioner of education of a
8	8	community management board to assume governance of a low-performing
9	9	school district or campus.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) Section 39A.002, Education Code, is amended
12	12	to conform to Section 1, Chapter 823 (H.B. 1553), Acts of the 85th
13	13	Legislature, Regular Session, 2017, and further amended to read as
14	14	follows:
15	15	Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school
16	16	district is subject to commissioner action under Section 39A.001,
17	17	the commissioner may:
18	18	(1) issue public notice of the deficiency to the board
19	19	of trustees of the district;
20	20	(2) order a hearing to be conducted by the board of
21	21	trustees of the district to notify the public of:
22	22	(A) the insufficient performance;
23	23	(B) the improvements in performance expected by
24	24	the agency; and
25	25	(C) the interventions and sanctions that may be
26	26	imposed under this subchapter if the performance does not improve;
27	27	(3) order the preparation of a student achievement
28	28	improvement plan that addresses each academic achievement
29	29	indicator under Section 39.053(c) for which the district's
30	30	performance is insufficient, the submission of the plan to the
31	31	commissioner for approval, and the implementation of the plan;
32	32	(4) order a hearing to be held before the commissioner
33	33	or the commissioner's designee at which the president of the board
34	34	of trustees of the district and the district's superintendent shall
35	35	appear and explain the district's low performance, lack of
36	36	improvement, and plans for improvement;
37	37	(5) arrange a monitoring review of the district;
38	38	(6) appoint an agency monitor to participate in and
39	39	report to the agency on the activities of the board of trustees of
40	40	the district or superintendent;
41	41	(7) appoint a community management board
42	42	[conservator] to oversee the operations of the district; or
43	43	(8) authorize the district to enter into a memorandum
44	44	of understanding with an institution of higher education that
45	45	provides for the assistance of the institution of higher education
46	46	in improving the district's performance [appoint a management team
47	47	to direct the operations of the district in areas of insufficient
48	48	performance or require the district to obtain certain services
49	49	under a contract with another person].
50	50	(b) Chapter 823 (H.B. 1553), Acts of the 85th Legislature,
51	51	Regular Session, 2017, which amended Sections 39.102(a) and
52	52	39.111(c), Education Code, is repealed.
53	53	SECTION 2. Section 39A.004, Education Code, is amended to
54	54	read as follows:
55	55	Sec. 39A.004. APPOINTMENT OF COMMUNITY MANAGEMENT BOARD [OF
56	56	MANAGERS]. The commissioner may appoint a community management
57	57	board [of managers] to exercise the powers and duties of a school
58	58	district's board of trustees if the district is subject to
59	59	commissioner action under Section 39A.001 and:
60	60	(1) has a current accreditation status of
61	61	accredited-warned or accredited-probation;
62	62	(2) fails to satisfy any standard under Section
63	63	39.054(e); or
64	64	(3) fails to satisfy financial accountability
65	65	standards as determined by commissioner rule.
66	66	SECTION 3. Section 39A.102(b), Education Code, is amended
67	67	to read as follows:
68	68	(b) The commissioner may appoint a monitor[, conservator,
69	69	management team,] or community management board [of managers] to
70	70	the school district to ensure and oversee district-level support to
71	71	low-performing campuses and the implementation of the updated
72	72	targeted improvement plan.
73	73	SECTION 4. Section 39A.107(c), Education Code, is amended
74	74	to read as follows:
75	75	(c) If the commissioner does not approve a campus turnaround
76	76	plan, the commissioner shall order:
77	77	(1) appointment of a community management board [of
78	78	managers] to govern the school district as provided by Section
79	79	39A.202;
80	80	(2) alternative management of the campus; or
81	81	(3) closure of the campus.
82	82	SECTION 5. Section 39A.111, Education Code, is amended to
83	83	read as follows:
84	84	Sec. 39A.111. CONTINUED UNACCEPTABLE PERFORMANCE RATING.
85	85	If a campus is considered to have an unacceptable performance
86	86	rating for three consecutive school years after the campus is
87	87	ordered to submit a campus turnaround plan under Section 39A.101,
88	88	the commissioner, subject to Section 39A.112, shall order:
89	89	(1) appointment of a community management board [of
90	90	managers] to govern the school district as provided by Section
91	91	39A.202; or
92	92	(2) closure of the campus.
93	93	SECTION 6. The heading to Subchapter E, Chapter 39A,
94	94	Education Code, is amended to read as follows:
95	95	SUBCHAPTER E. COMMUNITY MANAGEMENT BOARD [OF MANAGERS]
96	96	SECTION 7. Section 39A.201, Education Code, is amended to
97	97	read as follows:
98	98	Sec. 39A.201. GENERAL POWERS AND DUTIES OF COMMUNITY
99	99	MANAGEMENT BOARD [OF MANAGERS]. (a) A community management board
100	100	[of managers] may exercise all of the powers and duties assigned to
101	101	a board of trustees of a school district by law, rule, or
102	102	regulation.
103	103	(b) A community management board [of managers] appointed by
104	104	the commissioner under Subchapter C is required to take appropriate
105	105	actions to resolve the conditions that caused a campus to be subject
106	106	to an order under Section 39A.101, including amending the school
107	107	district's budget, reassigning staff, or relocating academic
108	108	programs. The commissioner may adopt rules necessary to implement
109	109	this subsection.
110	110	SECTION 8. Section 39A.202, Education Code, is amended to
111	111	read as follows:
112	112	Sec. 39A.202. COMMUNITY MANAGEMENT BOARD [OF MANAGERS] OF
113	113	SCHOOL DISTRICT. (a) If the commissioner appoints a community
114	114	management board [of managers] to govern a school district:
115	115	(1) the powers of the board of trustees of the district
116	116	are suspended for the period of the appointment; and
117	117	(2) the commissioner shall appoint a district
118	118	superintendent.
119	119	(b) Notwithstanding any other provision of this code, a
120	120	community management board [of managers] appointed to govern a
121	121	school district may amend the budget of the district.
122	122	(c) This chapter applies to a school district governed by a
123	123	community management board [of managers] in the same manner that
124	124	this chapter applies to any other district.
125	125	SECTION 9. Section 39A.203, Education Code, is amended to
126	126	read as follows:
127	127	Sec. 39A.203. COMMUNITY MANAGEMENT BOARD OF [MANAGERS OF]
128	128	CAMPUS. (a) If the commissioner appoints a community management
129	129	board [of managers] to govern a campus:
130	130	(1) the powers of the board of trustees of the school
131	131	district in relation to the campus are suspended for the period of
132	132	the appointment; and
133	133	(2) the commissioner shall appoint a campus principal.
134	134	(b) Notwithstanding any other provision of this code, a
135	135	community management board [of managers] appointed to govern a
136	136	campus may submit to the commissioner for approval amendments to
137	137	the budget of the school district for the benefit of the campus. If
138	138	the commissioner approves the amendments, the board of trustees of
139	139	the district shall adopt the amendments.
140	140	SECTION 10. Section 39A.204, Education Code, is amended to
141	141	read as follows:
142	142	Sec. 39A.204. COMPOSITION OF COMMUNITY MANAGEMENT BOARD [OF
143	143	MANAGERS]. (a) A community management board [of managers]
144	144	appointed by the commissioner must[, if possible,] include seven
145	145	members as follows:
146	146	(1) a classroom teacher from the school district or
147	147	campus;
148	148	(2) a school administrator, if possible with previous
149	149	experience of an intervention or sanction and familiarity with the
150	150	local community;
151	151	(3) a community representative from the local
152	152	community council, campus advisory team, or partner organization;
153	153	(4) a parent representative who has a student enrolled
154	154	in the school district or campus;
155	155	(5) an elected official who is not part of the school
156	156	district, including a member of the city council or county
157	157	commissioners court;
158	158	(6) a business community representative who has
159	159	invested in the local community and has experience with public
160	160	schools; and
161	161	(7) a community nonprofit representative with
162	162	experience in public schools and the local community [community
163	163	leaders, business representatives who have expertise in
164	164	leadership, and individuals who have knowledge or expertise in the
165	165	field of education].
166	166	(b) A student member shall be appointed to the community
167	167	management board as an advisory member. The student must:
168	168	(1) be in the student's junior or senior year of high
169	169	school in good academic standing; and
170	170	(2) have two faculty recommendations from the
171	171	student's campus.
172	172	SECTION 11. Section 39A.205, Education Code, is amended to
173	173	read as follows:
174	174	Sec. 39A.205. TRAINING OF COMMUNITY MANAGEMENT BOARD [OF
175	175	MANAGERS]. The commissioner must provide each individual appointed
176	176	to a community management board [of managers] with training in
177	177	effective leadership strategies.
178	178	SECTION 12. Section 39A.206(a), Education Code, is amended
179	179	to read as follows:
180	180	(a) The commissioner may authorize payment of a community
181	181	management board [of managers] appointed under Subchapter C from
182	182	agency funds. The commissioner may adopt rules necessary to
183	183	implement this subsection.
184	184	SECTION 13. Section 39A.207, Education Code, is amended to
185	185	read as follows:
186	186	Sec. 39A.207. REPLACEMENT OF MEMBER OF COMMUNITY MANAGEMENT
187	187	BOARD [OF MANAGERS]. The commissioner may at any time replace a
188	188	member of a community management board [of managers] appointed
189	189	under Subchapter C. The commissioner may adopt rules necessary to
190	190	implement this section.
191	191	SECTION 14. Section 39A.208, Education Code, is amended to
192	192	read as follows:
193	193	Sec. 39A.208. EXPIRATION OF APPOINTMENT. (a) A community
194	194	management board [of managers] shall, during the period of the
195	195	appointment, order the election of members of the board of trustees
196	196	of the school district in accordance with applicable provisions of
197	197	law. Except as provided by Subsection (b), the members of the board
198	198	of trustees do not assume any powers or duties after the election
199	199	until the appointment of the community management board [of
200	200	managers] expires.
201	201	(b) Except as otherwise provided by Subsection (c), not
202	202	later than the second anniversary of the date the community
203	203	management board [of managers] of a school district was appointed,
204	204	the commissioner shall notify the community management board [of
205	205	managers] and the board of trustees of the date on which the
206	206	appointment of the community management board [of managers] will
207	207	expire. Following each of the last three years of the period of the
208	208	appointment, one-third of the members of the community management
209	209	board [of managers] shall be replaced by the number of members of
210	210	the board of trustees of the district who were elected at an
211	211	election ordered under Subsection (a) that constitutes, as closely
212	212	as possible, one-third of the membership of the board of trustees.
213	213	(c) If, before the second anniversary of the date the
214	214	community management board [of managers] of a school district was
215	215	appointed, the commissioner determines, after receiving local
216	216	feedback, that insufficient progress has been made toward improving
217	217	the academic or financial performance of the district, the
218	218	commissioner may extend the authority of the community management
219	219	board [of managers] for a period of up to two additional years.
220	220	(d) On the expiration of the appointment of the community
221	221	management board [of managers], the board of trustees assumes all
222	222	of the powers and duties assigned to a board of trustees by law,
223	223	rule, or regulation.
224	224	(e) Following the expiration of the period of appointment of
225	225	a community management board [of managers] for a school district,
226	226	the commissioner shall provide training in effective leadership
227	227	strategies to the board of trustees of the district.
228	228	SECTION 15. The heading to Section 39A.209, Education Code,
229	229	is amended to read as follows:
230	230	Sec. 39A.209. REMOVAL OF COMMUNITY MANAGEMENT BOARD [OF
231	231	MANAGERS].
232	232	SECTION 16. Sections 39A.209(a), (b), and (c), Education
233	233	Code, are amended to read as follows:
234	234	(a) Notwithstanding Section 39A.208, the commissioner may
235	235	remove a community management board [of managers] appointed to
236	236	govern a school district under Subchapter C only if the campus that
237	237	was the basis for the appointment of the community management board
238	238	[of managers] receives an acceptable performance rating for two
239	239	consecutive school years.
240	240	(b) If a campus that was the basis for the appointment of a
241	241	community management board [of managers] receives an unacceptable
242	242	performance rating for two additional consecutive years following
243	243	the appointment of the community management board [of managers],
244	244	the commissioner may remove the community management board [of
245	245	managers] and, in consultation with the local community, may
246	246	appoint a new community management board [of managers] to govern
247	247	the school district.
248	248	(c) Following the removal of a community management board
249	249	[of managers] under Subsection (a) or (b), or at the request of a
250	250	managing entity appointed under Section 39A.107 to oversee the
251	251	implementation of alternative management, the commissioner may
252	252	appoint a [conservator or] monitor for the school district to
253	253	ensure district-level support for low-performing campuses and to
254	254	oversee the implementation of the updated targeted improvement
255	255	plan.
256	256	SECTION 17. Section 39A.256, Education Code, is amended to
257	257	read as follows:
258	258	Sec. 39A.256. APPOINTMENT OF COMMUNITY MANAGEMENT BOARD [OF
259	259	MANAGERS] FOR OPEN-ENROLLMENT CHARTER SCHOOL. (a) A community
260	260	management board [of managers] appointed for an open-enrollment
261	261	charter school or a campus of an open-enrollment charter school
262	262	under this chapter or Chapter 12 has the powers and duties
263	263	prescribed by Section 39A.201(b), if applicable, and Sections
264	264	39A.201(a), 39A.202, and 39A.203[, and 39A.206(b)].
265	265	(b) Except as otherwise provided by this subsection, the
266	266	community management board [of managers] for an open-enrollment
267	267	charter school or a campus of an open-enrollment charter school may
268	268	not serve for a period that exceeds the period authorized by law for
269	269	a community management board [of managers] appointed for a school
270	270	district. A community management board [of managers] appointed to
271	271	wind up the affairs of a former open-enrollment charter school or
272	272	campus serves until dissolved by the commissioner.
273	273	SECTION 18. Section 39A.257, Education Code, is amended to
274	274	read as follows:
275	275	Sec. 39A.257. SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER
276	276	SCHOOL. If the commissioner appoints a community management board
277	277	[of managers] for an open-enrollment charter school or a campus of
278	278	an open-enrollment charter school, the commissioner may also
279	279	appoint a superintendent.
280	280	SECTION 19. Section 39A.258, Education Code, is amended to
281	281	read as follows:
282	282	Sec. 39A.258. REMOVAL BY COMMISSIONER. Any person
283	283	appointed to serve on the community management board [of managers]
284	284	for an open-enrollment charter school or a campus of an
285	285	open-enrollment charter school or as superintendent serves at the
286	286	discretion of the commissioner and may be replaced by the
287	287	commissioner at any time.
288	288	SECTION 20. The heading to Section 39A.259, Education Code,
289	289	is amended to read as follows:
290	290	Sec. 39A.259. COMPENSATION OF COMMUNITY MANAGEMENT BOARD
291	291	[OF MANAGERS] AND SUPERINTENDENT.
292	292	SECTION 21. Sections 39A.259(a) and (c), Education Code,
293	293	are amended to read as follows:
294	294	(a) The commissioner may authorize compensation for a
295	295	member of a community management board [of managers] for an
296	296	open-enrollment charter school or a campus of an open-enrollment
297	297	charter school or a superintendent appointed by the commissioner.
298	298	(c) The commissioner shall use funds received by or due to
299	299	the former charter holder under Section 12.106 or funds returned to
300	300	the state from liquidation of state property held by a former
301	301	charter holder for compensation of a member of a community
302	302	management board [of managers] for an open-enrollment charter
303	303	school or a campus of an open-enrollment charter school or a
304	304	superintendent.
305	305	SECTION 22. Section 39A.260, Education Code, is amended to
306	306	read as follows:
307	307	Sec. 39A.260. IMMUNITY; REPRESENTATION BY ATTORNEY
308	308	GENERAL. Any person appointed by the commissioner to serve on the
309	309	community management board [of managers] for an open-enrollment
310	310	charter school or a campus of an open-enrollment charter school or
311	311	as superintendent acts on behalf of the commissioner and is
312	312	entitled to:
313	313	(1) sovereign immunity; and
314	314	(2) representation by the attorney general for any act
315	315	or omission taken while acting in the person's official capacity.
316	316	SECTION 23. Section 39A.903, Education Code, is amended to
317	317	read as follows:
318	318	Sec. 39A.903. COSTS PAID BY SCHOOL DISTRICT. The costs of
319	319	providing a monitor, [conservator, management team,] campus
320	320	intervention team, technical assistance team, managing entity, or
321	321	service provider under this chapter shall be paid by the school
322	322	district. If the district fails or refuses to pay the costs in a
323	323	timely manner, the commissioner may:
324	324	(1) pay the costs using amounts withheld from any
325	325	funds to which the district is otherwise entitled; or
326	326	(2) recover the amount of the costs in the manner
327	327	provided for recovery of an overallocation of state funds under
328	328	Section 42.258.
329	329	SECTION 24. Section 39A.904, Education Code, is amended to
330	330	read as follows:
331	331	Sec. 39A.904. IMMUNITY FROM CIVIL LIABILITY. An employee,
332	332	volunteer, or contractor acting on behalf of the commissioner under
333	333	this chapter, or a member of a community management board [of
334	334	managers] appointed by the commissioner under this chapter, is
335	335	immune from civil liability to the same extent as a professional
336	336	employee of a school district under Section 22.051.
337	337	SECTION 25. Section 45.061(d), Education Code, is amended
338	338	to read as follows:
339	339	(d) If a school district fails to comply with the
340	340	commissioner's order under Subsection (c), the commissioner may
341	341	impose any sanction on the district authorized to be imposed on a
342	342	district under Chapter 39A [Subchapter G, Chapter 39], including
343	343	appointment of a community management board [of managers] or
344	344	annexation to another district, regardless of the district's
345	345	accreditation status or the duration of a particular accreditation
346	346	status.
347	347	SECTION 26. Section 45.261(d), Education Code, is amended
348	348	to read as follows:
349	349	(d) If a school district fails to comply with the
350	350	commissioner's order under Subsection (c), the commissioner may
351	351	impose any sanction on the district authorized to be imposed on a
352	352	district under Chapter 39A, including appointment of a community
353	353	management board [of managers] or annexation to another district,
354	354	regardless of the district's accreditation status or the duration
355	355	of a particular accreditation status.
356	356	SECTION 27. The following provisions of the Education Code
357	357	are repealed:
358	358	(1) Sections 39A.003 and 39A.006; and
359	359	(2) Section 39A.206(b).
360	360	SECTION 28. To the extent of any conflict, this Act prevails
361	361	over another Act of the 86th Legislature, Regular Session, 2019,
362	362	relating to nonsubstantive additions to and corrections in enacted
363	363	codes.
364	364	SECTION 29. (a) For the 2020-2021 school year, the
365	365	commissioner of education shall adopt a transition plan to provide
366	366	for the orderly transfer of the governance of a school district or
367	367	campus by a conservator, board of managers, or management team
368	368	under Chapter 39A, Education Code, as that chapter existed
369	369	immediately before the effective date of this Act, to a community
370	370	management board appointed by the commissioner of education.
371	371	(b) On the date specified in the transition plan required
372	372	under Subsection (a) of this section, each conservator, board of
373	373	managers, or management team governing a school district or campus
374	374	under Chapter 39A, Education Code, as that chapter existed
375	375	immediately before the effective date of this Act, is abolished and
376	376	the governance of the school district or campus is transferred to a
377	377	community management board appointed by the commissioner of
378	378	education.
379	379	(c) A policy or procedure of a conservator, board of
380	380	managers, or management team under Chapter 39A, Education Code, as
381	381	that chapter existed immediately before the effective date of this
382	382	Act, that is in effect on the effective date of this Act remains in
383	383	effect until changed under procedures consistent with the
384	384	governance procedures authorized under Chapter 39A, Education
385	385	Code, as amended by this Act.
386	386	(d) Not later than September 1, 2020, the commissioner shall
387	387	provide a report of the transition plans to the presiding officers
388	388	of the standing committees of the senate and of the house of
389	389	representatives with primary jurisdiction over public education.
390	390	SECTION 30. This Act takes effect September 1, 2019.