2017S0412-1 03/07/17     By: Kolkhorst S.B. No. 1566     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 compel a school district's chief financial   officer or chief academic officer 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 compelled by the   board under this subsection.          SECTION 2.  Section 11.1512, Education Code, is amended by   amending Subsection (c) and adding Subsection (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 not later than the 20th   business day after the date the district receives a request,   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).          (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.  Section 11.1513, Education Code, is amended by   adding Subsection (k) to read as follows:          (k)  Notwithstanding Subsection (a)(2), the board of   trustees may employ or dismiss a chief financial officer, a chief   academic officer, or a person holding an equivalent position.          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 is responsible for overseeing   student academic achievement and 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 a secure Internet website that   members of the board may use to review campus and district academic   achievement data.          (b)  The website must:                (1)  include district information, disaggregated by   campus, grade, 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 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 a website under this section.          (e)  The agency may contract with a private entity as   necessary to implement this section.          (f)  All information and reports created or received by the   commissioner under this section from a district are considered   confidential under Chapter 552, Government Code, and may not be   disclosed in any public or private setting.          (g)  The commissioner may adopt rules for the implementation   of this section.          SECTION 5.  Section 11.157, Education Code, is amended to   read as follows:          Sec. 11.157.  CONTRACTS FOR EDUCATIONAL SERVICES. (a)  The   board of trustees of an independent school district may contract   with a public or private entity for that entity to provide   educational services for the district.          (b)  The board of trustees by a majority vote may require a   two-thirds vote for the renewal of a contract described by   Subsection (a).          SECTION 6.  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 during a calendar year must reflect   whether each trustee has met or is delinquent in meeting the   training required to be completed as of the date of the meeting. If   the minutes reflect that a trustee is delinquent, the district   shall post notice of the delinquency on the district's Internet   website within two weeks of discovering the delinquency 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 on evaluating student   academic performance each year. The agency shall create the   training on evaluating student academic performance and certify a   trustee's completion of the training. A candidate for trustee may   complete the training 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 annually.          (d)  A trustee or candidate for trustee may complete training   required under Subsection (c) at a regional education service   center.          SECTION 7.  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 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 that the commissioner shall require a board   to use the evaluation tool if:                (1)  the district has received an overall performance   rating of D or F under Section 39.054 for two of the preceding three   school years; or                (2)  the commissioner determines the board is   ineffectively managing the district.          (c)  The commissioner may adopt rules for the implementation   of this section.          SECTION 8.  Section 11.201(b), Education Code, is amended to   read as follows:          (b)  The board of trustees of an independent school district   may employ by contract a superintendent for a term not to exceed   five years. If approved by a majority vote of the board, the board   may specify in a superintendent's contract that the contract may be   renewed only with a two-thirds vote of the board.          SECTION 9.  The heading to Section 12.064, Education Code,   is amended to read as follows:          Sec. 12.064.  PROCEDURE FOR PLACEMENT ON PROBATION, [OR]   REVOCATION, OR RENEWAL.          SECTION 10.  Section 12.064, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  The board of trustees by a majority vote may require a   two-thirds vote for the renewal of a charter under this subchapter.          SECTION 11.  Section 39.057(a), Education Code, is amended   to read as follows:          (a)  The commissioner may authorize special accreditation   investigations to be conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the agency   with respect to alleged violations of civil rights or other   requirements imposed on the state by federal law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the board members or the   administration clearly defined by this code;                (7)  when excessive numbers of students in special   education programs under Subchapter A, Chapter 29, are assessed   through assessment instruments developed or adopted under Section   39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner under Section   39.0241(a) on assessment instruments administered under Section   39.023(a), (c), or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                (12)  when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   agency with respect to alleged inaccurate data that is reported   through the Public Education Information Management System (PEIMS)   or through other reports required by state or federal law or rule or   court order and that is used by the agency to make a determination   relating to public school accountability, including accreditation,   under this chapter; [or]                (15)  when the commissioner determines the board is   ineffectively managing the district; or                (16)  as the commissioner otherwise determines   necessary.          SECTION 12.  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 13.  This Act takes effect September 1, 2017.