Texas 2019 - 86th Regular

Texas Senate Bill SB280 Compare Versions

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

Old	New	Differences
1	1	86R2667 SRS-D
2	2	By: Bettencourt S.B. No. 280
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to powers and duties of the board of trustees of an
8	8	independent school district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.055, Education Code, is amended by
11	11	adding Subsection (c) to read as follows:
12	12	(c) The board of trustees by a two-thirds vote may adopt a
13	13	resolution that requires candidates for the board of trustees to
14	14	provide a petition with a specified number of signatures for a place
15	15	on the ballot. The number of signatures required may not exceed the
16	16	number of signatures required for a candidate for a countywide
17	17	office under Section 142.007, Election Code, in the county in which
18	18	the district's central administrative office is located. A board
19	19	that adopts a requirement under this subsection may by a two-thirds
20	20	vote eliminate the requirement.
21	21	SECTION 2. Subchapter C, Chapter 11, Education Code, is
22	22	amended by adding Sections 11.0582 and 11.0583 to read as follows:
23	23	Sec. 11.0582. RESIGNATION FOR CANDIDACY OF ANOTHER OFFICE.
24	24	(a) The board of trustees of an independent school district may by
25	25	a two-thirds vote adopt a resolution requiring a member of the board
26	26	of trustees to resign from the board before running for another
27	27	elected office. The board of trustees shall adopt procedures for
28	28	implementing this section.
29	29	(b) A board of trustees that adopts a requirement under this
30	30	section may by a two-thirds vote eliminate the requirement.
31	31	Sec. 11.0583. MAYORAL OR COUNTY BOARD MEMBER APPOINTEES.
32	32	(a) The board of trustees of an independent school district by a
33	33	two-thirds vote may, subject to voter approval under Subsection
34	34	(c), adopt a resolution that provides for two additional members to
35	35	be appointed to the board by the following officials, as specified
36	36	in the resolution:
37	37	(1) the mayor of the municipality where the district's
38	38	central administrative office is located;
39	39	(2) the county judge of the county where the district's
40	40	central administrative office is located; or
41	41	(3) the mayor and the county judge of the municipality
42	42	and county described by Subdivisions (1) and (2).
43	43	(b) The resolution must specify the manner in which the
44	44	additional members will be appointed and the terms to be served by
45	45	those members.
46	46	(c) If the board of trustees approves a resolution as
47	47	described by Subsection (a), the board shall order an election on
48	48	the addition of appointed board members. A two-thirds majority of
49	49	the persons voting in the election must approve the proposed
50	50	addition for the addition to take effect. An election under this
51	51	subsection must be held on the November uniform election date in an
52	52	even-numbered year.
53	53	(d) A board of trustees may eliminate the additional
54	54	appointed board member positions by using the same procedure as
55	55	used for adding appointed board members under this section.
56	56	SECTION 3. Section 11.059, Education Code, is amended by
57	57	adding Subsections (e) and (f) to read as follows:
58	58	(e) The board of trustees by resolution may change the
59	59	length of the terms of the trustees. The resolution must:
60	60	(1) provide for staggered terms of four years;
61	61	(2) specify the manner in which the transition from
62	62	the length of the former term to the modified term is made; and
63	63	(3) determine the first regular election for trustees
64	64	with which the transition to the modified term will begin.
65	65	(f) The board of trustees by a two-thirds vote may adopt a
66	66	resolution imposing term limits for board members of at least eight
67	67	years but less than 16 years. The board by a two-thirds vote may
68	68	eliminate term limits previously imposed under this subsection.
69	69	SECTION 4. Subchapter C, Chapter 11, Education Code, is
70	70	amended by adding Sections 11.0591, 11.0592, 11.0593, and 11.0594
71	71	to read as follows:
72	72	Sec. 11.0591. REMOVAL OF MEMBER BY BOARD OF TRUSTEES. (a)
73	73	The board of trustees of an independent school district by a
74	74	majority vote may begin an investigation to determine if a board
75	75	member has violated a legal provision or board policy.
76	76	(b) On completion of an investigation, the board of trustees
77	77	by a two-thirds majority vote may recommend a board member be
78	78	removed under the procedure provided by Section 87.018, Local
79	79	Government Code.
80	80	(c) To conduct an investigation under this section, the
81	81	board of trustees may contract with independent counsel.
82	82	(d) If a board member is removed under this section:
83	83	(1) the removed member is not eligible for election to
84	84	the board of trustees at the next regularly scheduled trustee
85	85	election; and
86	86	(2) if time remains in the term of the removed member,
87	87	the vacancy shall be filled at the next regularly scheduled trustee
88	88	election.
89	89	Sec. 11.0592. RECALL BY VOTERS. If at least 15 percent of
90	90	the registered voters in a single-member trustee district sign a
91	91	petition to recall the board member elected from that district, the
92	92	board member must, to retain a position on the board, seek
93	93	reelection at the next regularly scheduled trustee election,
94	94	regardless of the time remaining on the board member's term. The
95	95	person elected at the election held under this section shall serve
96	96	for the remainder of the board member's term.
97	97	Sec. 11.0593. TRUSTEE ELECTION AFTER LOW SCHOOL DISTRICT
98	98	PERFORMANCE RATING. (a) If an independent school district
99	99	receives an overall performance rating of D or F under Section
100	100	39.054, all positions on the district's board of trustees shall be
101	101	filled at the first regularly scheduled trustee election that:
102	102	(1) occurs after receipt of the performance rating;
103	103	and
104	104	(2) permits compliance with applicable deadlines for a
105	105	trustee election.
106	106	(b) After conducting a trustee election in accordance with
107	107	this section, the elected trustees shall draw lots for staggered
108	108	terms as provided by Section 11.059.
109	109	Sec. 11.0594. AWARD FOR DISTRICT PERFORMANCE. (a) If an
110	110	independent school district receives a preliminary overall
111	111	performance rating of A under Section 39.054, the commissioner
112	112	shall provide a performance grant of $20,000 to the school
113	113	district.
114	114	(b) The commissioner shall adopt rules to implement this
115	115	section.
116	116	SECTION 5. Section 11.162(c), Education Code, is amended to
117	117	read as follows:
118	118	(c) A parent or guardian of a student assigned to attend a
119	119	school at which students are required to wear school uniforms may
120	120	choose for the student to be exempted from the requirement or to
121	121	transfer to a school at which students are not required to wear
122	122	uniforms and at which space is available if the parent or guardian
123	123	provides a written statement that, as determined by the board of
124	124	trustees or the board's designee, states a bona fide religious or
125	125	philosophical objection to the requirement.
126	126	SECTION 6. Section 28.0214, Education Code, is amended to
127	127	read as follows:
128	128	Sec. 28.0214. FINALITY OF GRADE. (a) An examination or
129	129	course grade issued by a classroom teacher is final and may not be
130	130	changed unless the grade is arbitrary, erroneous, or not consistent
131	131	with the school district grading policy applicable to the grade, as
132	132	determined by the board of trustees, or the board's designee, of the
133	133	school district in which the teacher is employed.
134	134	(b) A determination by a school district board of trustees,
135	135	or the board's designee, under Subsection (a) is not subject to
136	136	appeal. This subsection does not prohibit an appeal related to a
137	137	student's eligibility to participate in extracurricular activities
138	138	under Section 33.081.
139	139	SECTION 7. Sections 28.023(a), (b), (c), (c-1), (d), and
140	140	(h), Education Code, are amended to read as follows:
141	141	(a) Using guidelines established by the State Board of
142	142	Education, a school district shall develop or select for review by
143	143	the district board of trustees, or the board's designee,
144	144	examinations for acceleration for each primary school grade level
145	145	and for credit for secondary school academic subjects. The
146	146	guidelines must provide for the examinations to thoroughly test
147	147	comprehension of the information presented in the applicable grade
148	148	level or subject. The board of trustees or the board's designee
149	149	shall approve for each subject, to the extent available, at least
150	150	four examinations that satisfy State Board of Education guidelines.
151	151	The examinations approved by the board of trustees or the board's
152	152	designee must include:
153	153	(1) advanced placement examinations developed by the
154	154	College Board; and
155	155	(2) examinations administered through the
156	156	College-Level Examination Program.
157	157	(b) A school district shall give a student in a primary
158	158	grade level credit for a grade level and advance the student one
159	159	grade level on the basis of an examination for acceleration
160	160	approved by the board of trustees or the board's designee under
161	161	Subsection (a) if:
162	162	(1) the student scores in the 80th percentile or above
163	163	on each section of the examination;
164	164	(2) a district representative recommends that the
165	165	student be advanced; and
166	166	(3) the student's parent or guardian gives written
167	167	approval of the advancement.
168	168	(c) A school district shall give a student in grade level
169	169	six or above credit for a subject on the basis of an examination for
170	170	credit in the subject approved by the board of trustees or the
171	171	board's designee under Subsection (a) if the student scores in the
172	172	80th percentile or above on the examination or if the student
173	173	achieves a score as provided by Subsection (c-1). If a student is
174	174	given credit in a subject on the basis of an examination, the
175	175	district shall enter the examination score on the student's
176	176	transcript and the student is not required to take an end-of-course
177	177	assessment instrument adopted under Section 39.023(c) for that
178	178	subject.
179	179	(c-1) A school district shall give a student in grade level
180	180	six or above credit for a subject if the student scores:
181	181	(1) a three or higher on an advanced placement
182	182	examination approved by the board of trustees or the board's
183	183	designee under Subsection (a) and developed by the College Board;
184	184	or
185	185	(2) a scaled score of 50 or higher on an examination
186	186	approved by the board of trustees or the board's designee under
187	187	Subsection (a) and administered through the College-Level
188	188	Examination Program.
189	189	(d) Each district shall administer each examination
190	190	approved by the board of trustees or the board's designee under
191	191	Subsection (a) not fewer than four times each year, at times to be
192	192	determined by the State Board of Education.
193	193	(h) This subsection applies only to a school district
194	194	surrounded by a school district described by Section
195	195	11.065(a). Notwithstanding any other provision of this section, a
196	196	school district's board of trustees, or the board's designee, may
197	197	establish a minimum required score for each section of an
198	198	examination for acceleration or an examination for credit approved
199	199	by the board or the board's designee under Subsection (a) that is
200	200	higher than the minimum required scores under Subsections (b) and
201	201	(c), respectively. A minimum required score established by a board
202	202	of trustees or the board's designee under this subsection:
203	203	(1) may be no greater than a score in the 90th
204	204	percentile;
205	205	(2) must be established before the beginning of a
206	206	school year for examinations to be administered in the school year;
207	207	and
208	208	(3) must apply for at least the entire school year.
209	209	SECTION 8. Sections 29.089(c) and (d), Education Code, are
210	210	amended to read as follows:
211	211	(c) The [board of trustees of the] district shall obtain the
212	212	consent of a student's parent or guardian before allowing the
213	213	student to participate in the program.
214	214	(d) The [board of trustees of the] district may arrange for
215	215	any public or nonprofit community-based organization to come to the
216	216	district's schools and implement the program.
217	217	SECTION 9. Section 29.183, Education Code, is amended to
218	218	read as follows:
219	219	Sec. 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL
220	220	PROGRAMS. (a) A [The board of trustees of a] school district may
221	221	conduct and supervise career and technology classes and other
222	222	educational programs for students and for other persons of all ages
223	223	and spend local maintenance funds for the cost of those classes and
224	224	programs.
225	225	(b) In developing a career and technology program, the
226	226	district [board of trustees] shall consider the state plan for
227	227	career and technology education required under Section 29.182.
228	228	SECTION 10. Section 54.363(f), Education Code, is amended
229	229	to read as follows:
230	230	(f) The board of trustees, or the board's designee, of a
231	231	school district shall establish a plan to encourage the hiring of
232	232	educational aides who show a willingness to become certified
233	233	teachers.
234	234	SECTION 11. This Act takes effect September 1, 2019.