By: Creighton S.B. No. 2619
A BILL TO BE ENTITLED
AN ACT
relating to the board of trustees and superintendent of a school
district, including the election of trustees of underperforming
districts, and the hiring of a superintendent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.0585 to read as follows:
Sec. 11.0585. ELECTION OF TRUSTEES OF CERTAIN
UNDERPERFORMING DISTRICTS. (a) This section applies only to a
school district that:
(1) received an overall performance rating of F under
Section 39.054 for the preceding two school years; or
(2) was designated as rapidly declining under
Subsection (b) for the current school year.
(b) The commissioner shall designate a school district as
rapidly declining if, during the preceding two school years, the
district's relative performance percentile ranking assigned under
Section 39.060 decreased by at least:
(1) 15 percentage points; or
(2) a number of percentage points determined by the
commissioner.
(c) Not later than December 31 following the assignment of
performance ratings under Section 39.054 or relative performance
percentile rankings under Section 39.060, the commissioner shall
notify the board of trustees of each school district to which this
section applies that this section applies to the district.
(d) Notwithstanding any other law, the term of each trustee
on the board of trustees of a school district to which this section
applies expires on the date of the first regularly scheduled
election that occurs before December 31 of the year following the
year in which notice was received under Subsection (c) and must be
filled at that election. The trustees elected under this
subsection shall draw lots for staggered terms as provided by
Section 11.059.
(e) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.15125 to read as follows:
Sec. 11.15125. REVIEW OF SUPERINTENDENT APPLICANTS. (a)
Before taking a final action or vote on the employment of an
applicant for the position of superintendent of a school district,
the board of trustees of the district shall review the history of
the academic performance of each school or school system in which
the applicant has served in a leadership role.
(b) The history reviewed under this section must:
(1) include the relative performance percentile
rankings of each applicable school district and open-enrollment
charter school under Section 39.060; and
(2) be made publicly available on the district's
Internet website during the public notice period described by
Section 552.126, Government Code, for each applicant who is a
finalist being considered for the position.
(c) The commissioner may adopt rules to implement this
section.
SECTION 3. Section 11.1518, Education Code, is amended to
read as follows:
Sec. 11.1518. TRUSTEE INFORMATION POSTED ON WEBSITE AND
SUBMITTED TO AGENCY. (a) Each school district [that maintains an
Internet website] shall post on the district's Internet website the
name, e-mail address, and term of office, including the date the
term began and the date the term expires, of each member of the
district's board of trustees.
(b) [If a school district does not maintain an Internet
website, the district shall submit the information required by
Subsection (a) to the agency. On receipt of the district's
information, the agency shall post the information on the agency's
Internet website.
[(c)] Each time there is a change in the membership of a
school district's board of trustees, the district shall, not later
than the 30th day after the date a trustee is sworn in, update the
information required under Subsection (a) and[, as applicable:
[(1)] post the updated information on the district's
Internet website[; or
[(2) submit the updated information to the agency for
posting on the agency's Internet website in accordance with
Subsection (b)].
(c) Each school district shall submit to the agency the
name, e-mail address, phone number, designation as chair, if
applicable, and term of office, including the date the term began
and the date the term expires, of each member of the district's
board of trustees:
(1) annually; and
(2) each time there is a change in the membership of
the board of trustees, not later than the 30th day after the date a
trustee is sworn in.
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 4. Section 11.159, Education Code, is amended by
adding Subsections (d-1), (d-2), and (d-3) to read as follows:
(d-1) A regional education service center or another
authorized provider may not provide training under this section
until the agency has approved:
(1) the provider to provide the training;
(2) the content of the training;
(3) the manner in which the training is provided; and
(4) the location and time of the training.
(d-2) The agency may not approve the provision of training
under this section:
(1) by a provider who engages in electioneering or any
other form of political advocacy for or against any candidate,
measure, or political party;
(2) by a provider, agent of a provider, or entity
affiliated with a provider that primarily represents political
subdivisions of this state; or
(3) that occurs during a meeting of a professional
organization of school district employees.
(d-3) The agency shall adopt a procedure for the appeal of a
disapproval of a training by a provider under Subsection (d-1).
SECTION 5. Subchapter A, Chapter 12, Education Code, is
amended by adding Section 12.005 to read as follows:
Sec. 12.005. GOVERNING BOARD INFORMATION SUBMITTED TO
AGENCY. (a) Each holder of a charter to operate a charter school
under this chapter shall submit to the agency the name, e-mail
address, phone number, designation as chair, if applicable, and
term of office, including the date the term began and the date the
term expires, of each member of the school's governing body:
(1) annually; and
(2) each time there is a change in the membership of
the governing body.
(b) The commissioner may adopt rules to implement this
section.
SECTION 6. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.060 to read as follows:
Sec. 39.060. RELATIVE PERFORMANCE PERCENTILE RANKING. The
commissioner shall annually assign and publish a relative
performance percentile ranking of each school district and
open-enrollment charter school based on the data used for
evaluating relative performance in the school progress domain under
Section 39.053(c)(2)(B).
SECTION 7. Section 39A.208, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (f) to read
as follows:
(a) Notwithstanding any other law and except as provided by
Subsection (f) [A board of managers shall], during the period of the
appointment of a board of managers, [order] the election of members
of the board of trustees of the school district is suspended [in
accordance with applicable provisions of law]. Except as provided
by Subsections [Subsection] (b) and (f), the members of the board of
trustees do not assume any powers or duties after the election until
the appointment of the board of managers expires.
(b) Except as otherwise provided by Subsection (c), not
later than the second anniversary of the date the board of managers
of a school district was appointed, the commissioner shall notify
the board of managers and the board of trustees of the date on which
the appointment of the 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 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 (f) [(a)]
that constitutes, as closely as possible, one-third of the
membership of the board of trustees.
(f) The commissioner shall ensure that the elections of
trustee positions are ordered in accordance with Subsection (b).
After an election ordered under this subsection, the commissioner
shall set staggered terms for the trustees elected and select which
trustee replaces which manager. If selected by the commissioner, a
trustee elected under this subsection who has satisfied all legal
and procedural prerequisites to assuming the office of trustee
assumes the powers and duties of the office at the first official
board meeting after the election.
SECTION 8. Section 39A.208, Education Code, as amended by
this Act, applies only to an election ordered on or after the
effective date of this Act. An election ordered before the
effective date of this Act is governed by the law in effect when the
election was ordered, and the former law is continued in effect for
that purpose.
SECTION 9. This Act takes effect September 1, 2025.