86R2667 SRS-D
By: Bettencourt S.B. No. 280
A BILL TO BE ENTITLED
AN ACT
relating to powers and duties of the board of trustees of an
independent school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.055, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The board of trustees by a two-thirds vote may adopt a
resolution that requires candidates for the board of trustees to
provide a petition with a specified number of signatures for a place
on the ballot. The number of signatures required may not exceed the
number of signatures required for a candidate for a countywide
office under Section 142.007, Election Code, in the county in which
the district's central administrative office is located. A board
that adopts a requirement under this subsection may by a two-thirds
vote eliminate the requirement.
SECTION 2. Subchapter C, Chapter 11, Education Code, is
amended by adding Sections 11.0582 and 11.0583 to read as follows:
Sec. 11.0582. RESIGNATION FOR CANDIDACY OF ANOTHER OFFICE.
(a) The board of trustees of an independent school district may by
a two-thirds vote adopt a resolution requiring a member of the board
of trustees to resign from the board before running for another
elected office. The board of trustees shall adopt procedures for
implementing this section.
(b) A board of trustees that adopts a requirement under this
section may by a two-thirds vote eliminate the requirement.
Sec. 11.0583. MAYORAL OR COUNTY BOARD MEMBER APPOINTEES.
(a) The board of trustees of an independent school district by a
two-thirds vote may, subject to voter approval under Subsection
(c), adopt a resolution that provides for two additional members to
be appointed to the board by the following officials, as specified
in the resolution:
(1) the mayor of the municipality where the district's
central administrative office is located;
(2) the county judge of the county where the district's
central administrative office is located; or
(3) the mayor and the county judge of the municipality
and county described by Subdivisions (1) and (2).
(b) The resolution must specify the manner in which the
additional members will be appointed and the terms to be served by
those members.
(c) If the board of trustees approves a resolution as
described by Subsection (a), the board shall order an election on
the addition of appointed board members. A two-thirds majority of
the persons voting in the election must approve the proposed
addition for the addition to take effect. An election under this
subsection must be held on the November uniform election date in an
even-numbered year.
(d) A board of trustees may eliminate the additional
appointed board member positions by using the same procedure as
used for adding appointed board members under this section.
SECTION 3. Section 11.059, Education Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) The board of trustees by resolution may change the
length of the terms of the trustees. The resolution must:
(1) provide for staggered terms of four years;
(2) specify the manner in which the transition from
the length of the former term to the modified term is made; and
(3) determine the first regular election for trustees
with which the transition to the modified term will begin.
(f) The board of trustees by a two-thirds vote may adopt a
resolution imposing term limits for board members of at least eight
years but less than 16 years. The board by a two-thirds vote may
eliminate term limits previously imposed under this subsection.
SECTION 4. Subchapter C, Chapter 11, Education Code, is
amended by adding Sections 11.0591, 11.0592, 11.0593, and 11.0594
to read as follows:
Sec. 11.0591. REMOVAL OF MEMBER BY BOARD OF TRUSTEES. (a)
The board of trustees of an independent school district by a
majority vote may begin an investigation to determine if a board
member has violated a legal provision or board policy.
(b) On completion of an investigation, the board of trustees
by a two-thirds majority vote may recommend a board member be
removed under the procedure provided by Section 87.018, Local
Government Code.
(c) To conduct an investigation under this section, the
board of trustees may contract with independent counsel.
(d) If a board member is removed under this section:
(1) the removed member is not eligible for election to
the board of trustees at the next regularly scheduled trustee
election; and
(2) if time remains in the term of the removed member,
the vacancy shall be filled at the next regularly scheduled trustee
election.
Sec. 11.0592. RECALL BY VOTERS. If at least 15 percent of
the registered voters in a single-member trustee district sign a
petition to recall the board member elected from that district, the
board member must, to retain a position on the board, seek
reelection at the next regularly scheduled trustee election,
regardless of the time remaining on the board member's term. The
person elected at the election held under this section shall serve
for the remainder of the board member's term.
Sec. 11.0593. TRUSTEE ELECTION AFTER LOW SCHOOL DISTRICT
PERFORMANCE RATING. (a) If an independent school district
receives an overall performance rating of D or F under Section
39.054, all positions on the district's board of trustees shall be
filled at the first regularly scheduled trustee election that:
(1) occurs after receipt of the performance rating;
and
(2) permits compliance with applicable deadlines for a
trustee election.
(b) After conducting a trustee election in accordance with
this section, the elected trustees shall draw lots for staggered
terms as provided by Section 11.059.
Sec. 11.0594. AWARD FOR DISTRICT PERFORMANCE. (a) If an
independent school district receives a preliminary overall
performance rating of A under Section 39.054, the commissioner
shall provide a performance grant of $20,000 to the school
district.
(b) The commissioner shall adopt rules to implement this
section.
SECTION 5. Section 11.162(c), Education Code, is amended to
read as follows:
(c) A parent or guardian of a student assigned to attend a
school at which students are required to wear school uniforms may
choose for the student to be exempted from the requirement or to
transfer to a school at which students are not required to wear
uniforms and at which space is available if the parent or guardian
provides a written statement that, as determined by the board of
trustees or the board's designee, states a bona fide religious or
philosophical objection to the requirement.
SECTION 6. Section 28.0214, Education Code, is amended to
read as follows:
Sec. 28.0214. FINALITY OF GRADE. (a) An examination or
course grade issued by a classroom teacher is final and may not be
changed unless the grade is arbitrary, erroneous, or not consistent
with the school district grading policy applicable to the grade, as
determined by the board of trustees, or the board's designee, of the
school district in which the teacher is employed.
(b) A determination by a school district board of trustees,
or the board's designee, under Subsection (a) is not subject to
appeal. This subsection does not prohibit an appeal related to a
student's eligibility to participate in extracurricular activities
under Section 33.081.
SECTION 7. Sections 28.023(a), (b), (c), (c-1), (d), and
(h), Education Code, are amended to read as follows:
(a) Using guidelines established by the State Board of
Education, a school district shall develop or select for review by
the district board of trustees, or the board's designee,
examinations for acceleration for each primary school grade level
and for credit for secondary school academic subjects. The
guidelines must provide for the examinations to thoroughly test
comprehension of the information presented in the applicable grade
level or subject. The board of trustees or the board's designee
shall approve for each subject, to the extent available, at least
four examinations that satisfy State Board of Education guidelines.
The examinations approved by the board of trustees or the board's
designee must include:
(1) advanced placement examinations developed by the
College Board; and
(2) examinations administered through the
College-Level Examination Program.
(b) A school district shall give a student in a primary
grade level credit for a grade level and advance the student one
grade level on the basis of an examination for acceleration
approved by the board of trustees or the board's designee under
Subsection (a) if:
(1) the student scores in the 80th percentile or above
on each section of the examination;
(2) a district representative recommends that the
student be advanced; and
(3) the student's parent or guardian gives written
approval of the advancement.
(c) A school district shall give a student in grade level
six or above credit for a subject on the basis of an examination for
credit in the subject approved by the board of trustees or the
board's designee under Subsection (a) if the student scores in the
80th percentile or above on the examination or if the student
achieves a score as provided by Subsection (c-1). If a student is
given credit in a subject on the basis of an examination, the
district shall enter the examination score on the student's
transcript and the student is not required to take an end-of-course
assessment instrument adopted under Section 39.023(c) for that
subject.
(c-1) A school district shall give a student in grade level
six or above credit for a subject if the student scores:
(1) a three or higher on an advanced placement
examination approved by the board of trustees or the board's
designee under Subsection (a) and developed by the College Board;
or
(2) a scaled score of 50 or higher on an examination
approved by the board of trustees or the board's designee under
Subsection (a) and administered through the College-Level
Examination Program.
(d) Each district shall administer each examination
approved by the board of trustees or the board's designee under
Subsection (a) not fewer than four times each year, at times to be
determined by the State Board of Education.
(h) This subsection applies only to a school district
surrounded by a school district described by Section
11.065(a). Notwithstanding any other provision of this section, a
school district's board of trustees, or the board's designee, may
establish a minimum required score for each section of an
examination for acceleration or an examination for credit approved
by the board or the board's designee under Subsection (a) that is
higher than the minimum required scores under Subsections (b) and
(c), respectively. A minimum required score established by a board
of trustees or the board's designee under this subsection:
(1) may be no greater than a score in the 90th
percentile;
(2) must be established before the beginning of a
school year for examinations to be administered in the school year;
and
(3) must apply for at least the entire school year.
SECTION 8. Sections 29.089(c) and (d), Education Code, are
amended to read as follows:
(c) The [board of trustees of the] district shall obtain the
consent of a student's parent or guardian before allowing the
student to participate in the program.
(d) The [board of trustees of the] district may arrange for
any public or nonprofit community-based organization to come to the
district's schools and implement the program.
SECTION 9. Section 29.183, Education Code, is amended to
read as follows:
Sec. 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL
PROGRAMS. (a) A [The board of trustees of a] school district may
conduct and supervise career and technology classes and other
educational programs for students and for other persons of all ages
and spend local maintenance funds for the cost of those classes and
programs.
(b) In developing a career and technology program, the
district [board of trustees] shall consider the state plan for
career and technology education required under Section 29.182.
SECTION 10. Section 54.363(f), Education Code, is amended
to read as follows:
(f) The board of trustees, or the board's designee, of a
school district shall establish a plan to encourage the hiring of
educational aides who show a willingness to become certified
teachers.
SECTION 11. This Act takes effect September 1, 2019.