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.