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.