S.B. No. 1566         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 and to abolishing certain county   boards of education, boards of county school trustees, and offices   of county school superintendent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.151, Education Code, is amending by   adding Subsection (f) to read as follows:          (f)  For purposes of this section, a county board of   education, as defined by a board of county school trustees, and   office of county school superintendent in a county with a   population of 2.2 million or more and that is adjacent to a county   with a population of more than 800,000 are included within the   definition of a school district and subject to the oversight of the   agency.          SECTION 2.  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 3.  Section 11.1512, Education Code, is amended by   amending Subsection (c) and adding Subsections (c-1), (c-2), (c-3),   and (g) to read as follows:          (c)  A member of the board of trustees of the district, when   acting in the member's official capacity, has an inherent right of   access to information, documents, and records maintained by the   district, and the district shall provide the information,   documents, and records to the member without requiring the member   to submit a public information request under Chapter 552,   Government Code.  The district shall provide the information,   documents, and records to the member without regard to whether the   requested items are the subject of or relate to an item listed on an   agenda for an upcoming meeting.  The district may withhold or redact   information, a document, or a record requested by a member of the   board to the extent that the item is excepted from disclosure or is   confidential under Chapter 552, Government Code, or other law.     [This subsection does not require the district to provide   information, documents, and records that are not subject to   disclosure under the Family Educational Rights and Privacy Act of   1974 (20 U.S.C. Section 1232g).]          (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.          (c-2)  If a district does not provide requested information   to a member of the board of trustees in the time required under   Subsection (c-1), the member may bring suit against the district   for appropriate injunctive relief.  A member who prevails in a suit   under this subsection is entitled to recover court costs and   reasonable attorney's fees.  The district shall pay the costs and   fees from the budget of the superintendent's office.          (c-3)  A board member shall maintain the confidentiality of   information, documents, and records received under Subsection (c)   as required by the Family Educational Rights and Privacy Act of 1974   (20 U.S.C. Section 1232g) and any other applicable privacy laws.          (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 4.  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 5.  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 6.  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 7.  Chapter 12A, Education Code, is amended by   adding Section 12A.0071 to read as follows:          Sec. 12A.0071.  POSTING OF LOCAL INNOVATION PLAN. (a)  A   school district designated as a district of innovation shall ensure   that a copy of the district's current local innovation plan is   available to the public by posting and maintaining the plan in a   prominent location on the district's Internet website.          (b)  Not later than the 15th day after the date on which the   board of trustees adopts a proposed local innovation plan, adopts a   proposed amendment of a local innovation plan, or renews a local   innovation plan, the district shall provide a copy of the current   local innovation plan to the agency. The agency shall promptly post   the current local innovation plan on the agency's Internet website.          SECTION 8.  Subchapter C, Chapter 25, Education Code, is   amended by adding Section 25.0822 to read as follows:          Sec. 25.0822.  PATRIOTIC SOCIETY ACCESS TO STUDENTS.   (a)  In this section, "patriotic society" means a youth membership   organization listed in Title 36 of the United States Code with an   educational purpose that promotes patriotism and civic   involvement.          (b)  At the beginning of each school year, the board of   trustees of an independent school district shall adopt a policy to   allow the principal of a public school campus to provide   representatives of a patriotic society with the opportunity to   speak to students during regular school hours about membership in   the society and the ways in which membership may promote a student's   educational interest and level of civic involvement, leading to the   student's increased potential for self-improvement and ability to   contribute to improving the student's school and community.          (c)  The board policy shall give a principal complete   discretion over the specific date and time of the opportunity   required to be provided under this section, except that the policy   shall allow the principal to limit:                (1)  the opportunity provided to a patriotic society to   a single school day; and                (2)  any presentation made to students as a result of   the opportunity to 10 minutes in length.          SECTION 9.  Section 26.011, Education Code, is amended to   read as follows:          Sec. 26.011.  COMPLAINTS.  (a)  The board of trustees of   each school district shall adopt a grievance procedure under which   the board shall address each complaint that the board receives   concerning violation of a right guaranteed by this chapter.          (b)  The board of trustees of a school district is not   required by Subsection (a) or Section 11.1511(b)(13) to address a   complaint that the board receives concerning a student's   participation in an extracurricular activity that does not involve   a violation of a right guaranteed by this chapter.  This subsection   does not affect a claim brought by a parent under the Individuals   with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or   a successor federal statute addressing special education services   for a child with a disability.          SECTION 10.  Section 29.918, Education Code, is amended by   adding Subsections (d), (e), and (f) to read as follows:          (d)  A school district or open-enrollment charter school to   which this section applies shall, in its plan submitted under   Subsection (a):                (1)  design a dropout recovery plan that includes   career and technology education courses or technology applications   courses that lead to industry or career certification;                (2)  integrate into the dropout recovery plan   research-based strategies to assist students in becoming able   academically to pursue postsecondary education, including:                      (A)  high-quality, college readiness instruction   with strong academic and social supports;                      (B)  secondary to postsecondary bridging that   builds college readiness skills, provides a plan for college   completion, and ensures transition counseling; and                      (C)  information concerning appropriate supports   available in the first year of postsecondary enrollment to ensure   postsecondary persistence and success, to the extent funds are   available for the purpose; and                (3)  plan to offer advanced academic and transition   opportunities, including dual credit courses and college   preparatory courses, such as advanced placement courses.          (e)  A school district to which this section applies may   enter into a partnership with a public junior college in accordance   with Section 29.402 in order to fulfill a plan submitted under   Subsection (a).          (f)  Any program designed to fulfill a plan submitted under   Subsection (a) must comply with the requirements of Sections   29.081(e) and (f).          SECTION 11.  Subchapter Z, Chapter 33, Education Code, is   amended by adding Section 33.9031 to read as follows:          Sec. 33.9031.  BEFORE-SCHOOL AND AFTER-SCHOOL PROGRAMS.     (a)  The board of trustees of a school district may establish   before-school or after-school programs for students enrolled in   elementary or middle school grades.  A program established under   this section may operate before, after, or before and after school   hours.          (b)  A student is eligible to participate in a school   district's before-school or after-school program if the student:                (1)  is enrolled in a public or private school; or                (2)  resides within the boundaries of the school   district.          (c)  A school district shall conduct a request for proposals   procurement process to enable the district to determine if   contracting with a child-care facility that provides a   before-school or after-school program, as defined by Section   42.002, Human Resources Code, to provide the district's   before-school or after-school program would serve the district's   best interests. Following the request for proposals procurement   process, the district may enter into a contract with a child-care   facility or implement a before-school or after-school program   operated by the district. If the district enters into a contract   with a child-care facility, the contract must comply with the   requirements of Section 44.031 and may not exceed a term of three   years.          (d)  The board of trustees of a school district may adopt   rules in accordance with Section 11.165 to provide access to school   campuses before or after school hours for the purpose of providing a   before-school or after-school program.          SECTION 12.  Section 33.908, Education Code, is amended to   read as follows:          Sec. 33.908.  GRACE PERIOD POLICY FOR EXHAUSTED OR   INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE.  The board of trustees of   a [A] school district that allows students to use a prepaid meal   card or account to purchase meals served at schools in the district   [the school] shall adopt a grace period policy regarding the use of   the cards or accounts.  The policy:                (1)  must allow a student whose meal card or account   balance is exhausted or insufficient to continue, for a period   determined by the board [district], to purchase meals by:                      (A)  accumulating a negative balance on the   student's card or account; or                      (B)  otherwise receiving an extension of credit   from the district;                (2)  must require the district to notify the parent of   or person standing in parental relation to the student that the   student's meal card or account balance is exhausted;                (3)  may not permit the district to charge a fee or   interest in connection with meals purchased under Subdivision (1);   and                (4)  may permit the district to set a schedule for   repayment on the account balance as part of the notice to the parent   or person standing in parental relation to the student.          SECTION 13.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0815 to read as follows:          Sec. 37.0815.  TRANSPORTATION OR STORAGE OF FIREARM AND   AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA.  (a)  A school   district or open-enrollment charter school may not prohibit a   person, including a school employee, who holds a license to carry a   handgun under Subchapter H, Chapter 411, Government Code, from   transporting or storing a handgun or other firearm or ammunition in   a locked, privately owned or leased motor vehicle in a parking lot,   parking garage, or other parking area provided by the district or   charter school, provided that the handgun, firearm, or ammunition   is not in plain view.          (b)  This section does not authorize a person to possess,   transport, or store a handgun, a firearm, or ammunition in   violation of Section 37.125 of this code, Section 46.03 or 46.035,   Penal Code, or other law.          SECTION 14.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.031 to read as follows:          Sec. 38.031.  NOTICE OF LICE. (a)  The board of trustees of   an independent school district shall adopt a policy requiring a   school nurse of a public elementary school who determines or   otherwise becomes aware that a child enrolled in the school has lice   shall provide written or electronic notice of that fact to:                (1)  the parent of the child with lice as soon as   practicable but not later than 48 hours after the administrator or   nurse, as applicable, determines or becomes aware of that fact; and                (2)  the parent of each child assigned to the same   classroom as the child with lice not later than the fifth school day   after the date on which the administrator or nurse, as applicable,   determines or becomes aware of that fact.          (b)  The notice provided under Subsection (a):                (1)  must include the recommendations of the Centers   for Disease Control and Prevention for the treatment and prevention   of lice; and                (2)  if the notice is provided under Subsection (a)(2),   may not identify the child with lice.          (c)  The commissioner shall adopt rules as necessary to   implement this section in a manner that complies with federal law   regarding confidentiality of student medical or educational   information, including the Health Insurance Portability and   Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the   Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g), and any state law relating to the privacy of student   information.          SECTION 15.  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 16.  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 17.  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 18.  (a)  Each county board of education, board of   county school trustees, and office of county school superintendent   in a county with a population of 2.2 million or more and that is   adjacent to a county with a population of more than 800,000 is   abolished effective November 15, 2017, unless the continuation of   the county board of education, board of county school trustees, and   office of county school superintendent is approved by a majority of   voters at an election held on the November 2017 uniform election   date in the county in which the county board of education, board of   county school trustees, and office of county school superintendent   are located.  Subsections (b)-(q) of this section do not take effect   in a county if the continuation of the county board of education,   board of county school trustees, and office of county school   superintendent is approved at the election held in the county under   this subsection.          (a-1)  In an election held in a county under Subsection (a)   of this section, the ballot shall be printed to permit voting for or   against the proposition:  "Authorizing the continued operation of   the county board of education, board of county school trustees, and   office of the county school superintendent in ____ County and the   collection of the ____ County school equalization ad valorem tax."          (b)  Not later than November 15, 2017, a dissolution   committee shall be formed for each county board of education or   board of county school trustees to be abolished as provided by   Subsection (a) of this section.  The dissolution committee is   responsible for all financial decisions for each county board of   education or board of county school trustees abolished by this Act,   including asset distribution and payment of all debt obligations.          (c)  A dissolution committee required by this Act shall be   appointed by the comptroller and include:                (1)  one financial advisor;                (2)  the superintendent or the superintendent's   designee of each participating component school district that   chooses to participate in the dissolution committee;                (3)  one certified public accountant;                (4)  one auditor who holds a license or other   professional credential;                (5)  one bond counsel who holds a license or other   professional credential; and                (6)  one additional representative appointed by the   commissioner of education.          (d)  A dissolution committee created under this Act is   subject to the open meetings requirements under Chapter 551,   Government Code, and public information requirements under Chapter   552, Government Code.          (e)  Members of a dissolution committee may not receive   compensation but are entitled to reimbursement for actual and   necessary expenses incurred in performing the functions of the   dissolution committee.          (f)  Subject to the other requirements of this Act, the   dissolution committee shall determine the manner in which all   assets, liabilities, contracts, and services of the county board of   education or board of county school trustees abolished by this Act   are divided, transferred, or discontinued.  The dissolution   committee shall create a sinking fund to deposit all money received   in the abolishment of each county board of education or board of   county school trustees for the payment of all debts of the county   board of education or board of county school trustees.          (g)  The dissolution committee shall continue providing   transportation services to participating component school   districts for the 2017-2018 school year.  The dissolution committee   shall maintain current operations and personnel needed to provide   the transportation services.          (h)  At the end of the 2017-2018 school year all school   buses, vehicles, and bus service centers shall be transferred to   participating component school districts in proportionate shares   equal to the amount of buses currently assigned to each district.     The dissolution committee shall audit and confirm assignment of   buses by vehicle identification numbers or some other agreed upon   means assigned to applicable districts.  Final distribution and   assignment of these assets will be not later than September 1, 2018,   at no cost to the districts.          (i)  The dissolution committee may employ for the 2017-2018   school year one person to assist in the abolishment of the county   board of education or board of county school trustees.          (j)  On November 15, 2017, the participating component   school district with the largest number of students in average   daily attendance has the right of first refusal to buy, at fair   market value, the administrative building of the county board of   education or board of county school trustees.          (k)  An ad valorem tax assessed by a county board of   education or board of county school trustees shall continue to be   assessed by the county on behalf of the board for the purpose of   paying the principal of and interest on any bonds issued by the   county board of education or board of county school trustees until   all bonds are paid in full.  This subsection applies only to a bond   issued before the effective date of this Act for which the tax   receipts were obligated.  On payment of all bonds issued by the   county board of education or board of county school trustees the ad   valorem tax may not be assessed.          (l)  In the manner provided by rule of the commissioner of   education, the county shall collect and use any delinquent taxes   imposed by or on behalf of the county board of education or board of   county school trustees.          (m)  The dissolution committee shall distribute the assets   remaining after discharge of the liabilities of the county board of   education or board of county school trustees to the component   school districts in the county in proportionate shares equal to the   proportion that the amount of money a district has submitted to the   county board of education or board of county school trustees has to   the total amount of money submitted by all districts.  The   dissolution committee shall liquidate board assets as necessary to   discharge board liabilities and facilitate the distribution of   assets.  A person authorized by the dissolution committee shall   execute any documents necessary to complete the transfer of assets,   liabilities, or contracts.          (n)  The dissolution committee shall encourage the component   school districts to:                (1)  continue sharing services received through the   county board of education or board of county school trustees; and                (2)  give preference to private sector contractors to   continue services provided by the county board of education or   board of county school trustees.          (o)  The chief financial officer and financial advisor for   the county board of education or board of county school trustees   shall provide assistance to the dissolution committee in abolishing   the county board of education or board of county school trustees.          (p)  The Texas Education Agency shall provide assistance to a   dissolution committee in the distribution of assets, liabilities,   contracts, and services of a county board of education or board of   county school trustees abolished by this Act.          (q)  Any dissolution committee created as provided by this   Act is abolished on the date all debt obligations of the county   board of education or board of county school trustees are paid in   full and all assets distributed to component school districts.          SECTION 19.  Chapter 266 (S.B. 394), Acts of the 40th   Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas   Civil Statutes), is repealed.          SECTION 20.  Section 25.0822, Education Code, as added by   this Act, applies beginning with the 2017-2018 school year.          SECTION 21.  Section 38.031, Education Code, as added by   this Act, applies beginning with the 2017-2018 school year.          SECTION 22.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1566 passed the Senate on   April 26, 2017, by the following vote: Yeas 29, Nays 2; and that   the Senate concurred in House amendments on May 27, 2017, by the   following vote: Yeas 26, Nays 5.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1566 passed the House, with   amendments, on May 24, 2017, by the following vote: Yeas 138,   Nays 4, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor