|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to certain powers and duties of the board of trustees of an |
|
independent school district and the governing body of an |
|
open-enrollment charter school. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 11.1511, Education Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) The board may require a school district's chief business |
|
official or curriculum director or a person holding an equivalent |
|
position to appear at an executive session of the board or to |
|
testify at a public hearing held by the board. A superintendent may |
|
not interfere with an appearance or testimony required by the board |
|
under this subsection. |
|
SECTION 2. Section 11.1512, Education Code, is amended by |
|
adding Subsections (c-1) and (g) to read as follows: |
|
(c-1) Except as otherwise provided by this subsection, a |
|
district shall provide a member of the board of trustees with |
|
information, documents, and records requested under Subsection (c) |
|
not later than the 20th business day after the date the district |
|
receives the request. The district may take a reasonable |
|
additional period of time, not to exceed the 30th business day after |
|
the date the district receives the request, to respond to a request |
|
if compliance by the 20th business day would be unduly burdensome |
|
given the amount, age, or location of the requested information. |
|
The district shall inform the trustee of the reason for the delay in |
|
providing the requested information and the date by which the |
|
information will be provided. |
|
(g) A district shall create a policy on visits to a district |
|
campus or other facility by a member of the board of trustees of the |
|
district. |
|
SECTION 3. Subchapter D, Chapter 11, Education Code, is |
|
amended by adding Sections 11.1515 and 11.1516 to read as follows: |
|
Sec. 11.1515. OVERSIGHT OF ACADEMIC ACHIEVEMENT. The board |
|
of trustees of an independent school district or the governing body |
|
of an open-enrollment charter school shall provide oversight |
|
regarding student academic achievement and strategic leadership |
|
for maximizing student performance. |
|
Sec. 11.1516. DISTRICT DATA ON ACADEMIC ACHIEVEMENT. |
|
(a) On request by the board of trustees of an independent school |
|
district, the agency shall create an Internet website that members |
|
of the board may use to review campus and district academic |
|
achievement data. The website must also be made available to |
|
campuses in a similar manner that access is provided to the board. |
|
(b) The Internet website must: |
|
(1) include district information, disaggregated by |
|
campus, grade, sex, race, academic quarter or semester, as |
|
applicable, and school year, regarding the following: |
|
(A) student academic achievement and growth; |
|
(B) teacher and student attendance; and |
|
(C) student discipline records; and |
|
(2) be updated at least once each quarter of the school |
|
year. |
|
(c) The commissioner shall provide information that permits |
|
a board member to compare the district's academic performance with |
|
the academic performance of other districts of similar size and |
|
racial and economic demographics. |
|
(d) A district must provide requested information to the |
|
commissioner for the creation of an Internet website under this |
|
section. |
|
(e) Confidential information received by the commissioner |
|
under this section from a district remains confidential. The |
|
commissioner shall design the Internet website to ensure that: |
|
(1) public information is made available to the |
|
public; and |
|
(2) information submitted by districts noted as |
|
confidential is not made available to the public. |
|
(f) A request for public information under this section |
|
shall be submitted to the district that provides the agency with the |
|
information. The agency may not release information submitted by a |
|
district that is noted as confidential information. |
|
(g) The agency may contract with a private entity as |
|
necessary to implement this section. |
|
(h) The commissioner may adopt rules for the implementation |
|
of this section. |
|
SECTION 4. Section 11.159, Education Code, is amended by |
|
amending Subsection (b) and adding Subsections (c) and (d) to read |
|
as follows: |
|
(b) A trustee must complete any training required by the |
|
State Board of Education. The minutes of the last regular meeting |
|
of the board of trustees held before an election of trustees [during
|
|
a calendar year] must reflect whether each trustee has met or is |
|
deficient [delinquent] in meeting the training required for the |
|
trustee [to be completed] as of the first anniversary of the date of |
|
the trustee's election or appointment [date of the meeting]. If the |
|
minutes reflect that a trustee is deficient, the district shall |
|
post the minutes on the district's Internet website within 10 |
|
business days of the meeting and maintain the posting until the |
|
trustee meets the requirements. |
|
(c) The State Board of Education shall require a trustee to |
|
complete at least three hours of training every two years on |
|
evaluating student academic performance. The training must be |
|
research-based and designed to support the oversight role of the |
|
board of trustees under Section 11.1515. A candidate for trustee |
|
may complete the training up to one year before the candidate is |
|
elected. A new trustee shall complete the training within 120 days |
|
after the date of the trustee's election or appointment. A |
|
returning trustee shall complete the training by the second |
|
anniversary of the completion of the trustee's previous training. |
|
(d) A trustee or candidate for trustee may complete training |
|
required under Subsection (c) at a regional education service |
|
center or through another authorized provider. A provider must |
|
certify the completion of the training by a trustee or candidate. |
|
SECTION 5. Subchapter D, Chapter 11, Education Code, is |
|
amended by adding Section 11.182 to read as follows: |
|
Sec. 11.182. BOARD IMPROVEMENT AND EVALUATION TOOL. |
|
(a) The commissioner shall develop a board of trustees improvement |
|
and evaluation tool. The evaluation tool must be research-based |
|
and designed to assist a school district in improving board |
|
oversight and academic achievement. |
|
(b) A board of trustees may determine whether to use the |
|
evaluation tool, except as required by Section 39.102(a). |
|
SECTION 6. Section 39.102(a), Education Code, is amended to |
|
read as follows: |
|
(a) If a school district does not satisfy the accreditation |
|
criteria under Section 39.052, the academic performance standards |
|
under Section 39.053 or 39.054, or any financial accountability |
|
standard as determined by commissioner rule, or if considered |
|
appropriate by the commissioner on the basis of a special |
|
accreditation investigation under Section 39.057, the commissioner |
|
shall take any of the following actions to the extent the |
|
commissioner determines necessary: |
|
(1) issue public notice of the deficiency to the board |
|
of trustees; |
|
(2) order a hearing conducted by the board of trustees |
|
of the district for the purpose of notifying the public of the |
|
insufficient performance, the improvements in performance expected |
|
by the agency, and the interventions and sanctions that may be |
|
imposed under this section 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 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 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 or |
|
the superintendent; |
|
(7) appoint a conservator to oversee the operations of |
|
the district; |
|
(8) 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; |
|
(9) if a district has a current accreditation status |
|
of accredited-warned or accredited-probation, fails to satisfy any |
|
standard under Section 39.054(e), or fails to satisfy financial |
|
accountability standards as determined by commissioner rule, |
|
appoint a board of managers to exercise the powers and duties of the |
|
board of trustees; |
|
(10) if for two consecutive school years, including |
|
the current school year, a district has received an accreditation |
|
status of accredited-warned or accredited-probation, has failed to |
|
satisfy any standard under Section 39.054(e), or has failed to |
|
satisfy financial accountability standards as determined by |
|
commissioner rule, revoke the district's accreditation and: |
|
(A) order closure of the district and annex the |
|
district to one or more adjoining districts under Section 13.054; |
|
or |
|
(B) in the case of a home-rule school district or |
|
open-enrollment charter school, order closure of all programs |
|
operated under the district's or school's charter; [or] |
|
(11) if a district has failed to satisfy any standard |
|
under Section 39.054(e) due to the district's dropout rates, impose |
|
sanctions designed to improve high school completion rates, |
|
including: |
|
(A) ordering the development of a dropout |
|
prevention plan for approval by the commissioner; |
|
(B) restructuring the district or appropriate |
|
school campuses to improve identification of and service to |
|
students who are at risk of dropping out of school, as defined by |
|
Section 29.081; |
|
(C) ordering lower student-to-counselor ratios |
|
on school campuses with high dropout rates; and |
|
(D) ordering the use of any other intervention |
|
strategy effective in reducing dropout rates, including mentor |
|
programs and flexible class scheduling; or |
|
(12) order the use of the board improvement and |
|
evaluation tool as provided by Section 11.182. |
|
SECTION 7. Section 39.107(b-1), Education Code, is amended |
|
to read as follows: |
|
(b-1) A campus turnaround plan must include: |
|
(1) a detailed description of the academic programs to |
|
be offered at the campus, including instructional methods, length |
|
of school day and school year, academic credit and promotion |
|
criteria, and programs to serve special student populations; |
|
(2) the term of the charter, if a district charter is |
|
to be granted for the campus under Section 12.0522; |
|
(3) written comments from the campus-level committee |
|
established under Section 11.251, if applicable, parents, and |
|
teachers at the campus; [and] |
|
(4) a detailed description of the budget, staffing, |
|
and financial resources required to implement the plan, including |
|
any supplemental resources to be provided by the district or other |
|
identified sources; and |
|
(5) a detailed description for developing and |
|
supporting the oversight of academic achievement and student |
|
performance by the board of trustees under Section 11.1515. |
|
SECTION 8. A person serving on the board of trustees of a |
|
school district on the effective date of this Act must complete the |
|
training required by Section 11.159(c), Education Code, as added by |
|
this Act, not later than September 1, 2018. |
|
SECTION 9. This Act takes effect September 1, 2017. |