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A BILL TO BE ENTITLED
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AN ACT
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relating to the board of trustees and superintendent of a school |
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district, including the election of trustees of underperforming |
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districts, and the hiring of a superintendent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Section 11.0585 to read as follows: |
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Sec. 11.0585. ELECTION OF TRUSTEES OF CERTAIN |
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UNDERPERFORMING DISTRICTS. (a) This section applies only to a |
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school district that: |
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(1) received an overall performance rating of F under |
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Section 39.054 for the preceding two school years; or |
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(2) was designated as rapidly declining under |
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Subsection (b) for the current school year. |
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(b) The commissioner shall designate a school district as |
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rapidly declining if, during the preceding two school years, the |
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district's relative performance percentile ranking assigned under |
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Section 39.060 decreased by at least: |
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(1) 15 percentage points; or |
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(2) a number of percentage points determined by the |
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commissioner. |
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(c) Not later than December 31 following the assignment of |
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performance ratings under Section 39.054 or relative performance |
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percentile rankings under Section 39.060, the commissioner shall |
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notify the board of trustees of each school district to which this |
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section applies that this section applies to the district. |
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(d) Notwithstanding any other law, the term of each trustee |
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on the board of trustees of a school district to which this section |
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applies expires on the date of the first regularly scheduled |
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election that occurs before December 31 of the year following the |
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year in which notice was received under Subsection (c) and must be |
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filled at that election. The trustees elected under this |
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subsection shall draw lots for staggered terms as provided by |
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Section 11.059. |
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(e) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 2. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.15125 to read as follows: |
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Sec. 11.15125. REVIEW OF SUPERINTENDENT APPLICANTS. (a) |
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Before taking a final action or vote on the employment of an |
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applicant for the position of superintendent of a school district, |
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the board of trustees of the district shall review the history of |
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the academic performance of each school or school system in which |
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the applicant has served in a leadership role. |
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(b) The history reviewed under this section must: |
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(1) include the relative performance percentile |
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rankings of each applicable school district and open-enrollment |
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charter school under Section 39.060; and |
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(2) be made publicly available on the district's |
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Internet website during the public notice period described by |
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Section 552.126, Government Code, for each applicant who is a |
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finalist being considered for the position. |
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(c) The commissioner may adopt rules to implement this |
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section. |
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SECTION 3. Section 11.1518, Education Code, is amended to |
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read as follows: |
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Sec. 11.1518. TRUSTEE INFORMATION POSTED ON WEBSITE AND |
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SUBMITTED TO AGENCY. (a) Each school district [that maintains an |
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Internet website] shall post on the district's Internet website the |
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name, e-mail address, and term of office, including the date the |
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term began and the date the term expires, of each member of the |
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district's board of trustees. |
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(b) [If a school district does not maintain an Internet |
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website, the district shall submit the information required by |
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Subsection (a) to the agency. On receipt of the district's |
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information, the agency shall post the information on the agency's |
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Internet website. |
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[(c)] Each time there is a change in the membership of a |
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school district's board of trustees, the district shall, not later |
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than the 30th day after the date a trustee is sworn in, update the |
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information required under Subsection (a) and[, as applicable: |
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[(1)] post the updated information on the district's |
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Internet website[; or |
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[(2) submit the updated information to the agency for |
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posting on the agency's Internet website in accordance with |
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Subsection (b)]. |
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(c) Each school district shall submit to the agency the |
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name, e-mail address, phone number, designation as chair, if |
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applicable, and term of office, including the date the term began |
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and the date the term expires, of each member of the district's |
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board of trustees: |
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(1) annually; and |
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(2) each time there is a change in the membership of |
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the board of trustees, not later than the 30th day after the date a |
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trustee is sworn in. |
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(d) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 4. Section 11.159, Education Code, is amended by |
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adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d-1) A regional education service center or another |
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authorized provider may not provide training under this section |
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until the agency has approved: |
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(1) the provider to provide the training; |
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(2) the content of the training; |
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(3) the manner in which the training is provided; and |
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(4) the location and time of the training. |
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(d-2) The agency may not approve the provision of training |
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under this section: |
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(1) by a provider who engages in electioneering or any |
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other form of political advocacy for or against any candidate, |
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measure, or political party; |
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(2) by a provider, agent of a provider, or entity |
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affiliated with a provider that primarily represents political |
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subdivisions of this state; or |
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(3) that occurs during a meeting of a professional |
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organization of school district employees. |
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(d-3) The agency shall adopt a procedure for the appeal of a |
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disapproval of a training by a provider under Subsection (d-1). |
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SECTION 5. Subchapter A, Chapter 12, Education Code, is |
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amended by adding Section 12.005 to read as follows: |
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Sec. 12.005. GOVERNING BOARD INFORMATION SUBMITTED TO |
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AGENCY. (a) Each holder of a charter to operate a charter school |
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under this chapter shall submit to the agency the name, e-mail |
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address, phone number, designation as chair, if applicable, and |
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term of office, including the date the term began and the date the |
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term expires, of each member of the school's governing body: |
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(1) annually; and |
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(2) each time there is a change in the membership of |
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the governing body. |
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(b) The commissioner may adopt rules to implement this |
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section. |
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SECTION 6. Subchapter C, Chapter 39, Education Code, is |
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amended by adding Section 39.060 to read as follows: |
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Sec. 39.060. RELATIVE PERFORMANCE PERCENTILE RANKING. The |
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commissioner shall annually assign and publish a relative |
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performance percentile ranking of each school district and |
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open-enrollment charter school based on the data used for |
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evaluating relative performance in the school progress domain under |
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Section 39.053(c)(2)(B). |
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SECTION 7. Section 39A.208, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (f) to read |
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as follows: |
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(a) Notwithstanding any other law and except as provided by |
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Subsection (f) [A board of managers shall], during the period of the |
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appointment of a board of managers, [order] the election of members |
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of the board of trustees of the school district is suspended [in |
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accordance with applicable provisions of law]. Except as provided |
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by Subsections [Subsection] (b) and (f), the members of the board of |
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trustees do not assume any powers or duties after the election until |
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the appointment of the board of managers expires. |
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(b) Except as otherwise provided by Subsection (c), not |
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later than the second anniversary of the date the board of managers |
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of a school district was appointed, the commissioner shall notify |
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the board of managers and the board of trustees of the date on which |
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the appointment of the board of managers will expire. Following |
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each of the last three years of the period of the appointment, |
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one-third of the members of the board of managers shall be replaced |
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by the number of members of the board of trustees of the district |
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who were elected at an election ordered under Subsection (f) [(a)] |
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that constitutes, as closely as possible, one-third of the |
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membership of the board of trustees. |
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(f) The commissioner shall ensure that the elections of |
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trustee positions are ordered in accordance with Subsection (b). |
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After an election ordered under this subsection, the commissioner |
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shall set staggered terms for the trustees elected and select which |
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trustee replaces which manager. If selected by the commissioner, a |
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trustee elected under this subsection who has satisfied all legal |
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and procedural prerequisites to assuming the office of trustee |
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assumes the powers and duties of the office at the first official |
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board meeting after the election. |
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SECTION 8. Section 39A.208, Education Code, as amended by |
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this Act, applies only to an election ordered on or after the |
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effective date of this Act. An election ordered before the |
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effective date of this Act is governed by the law in effect when the |
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election was ordered, and the former law is continued in effect for |
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that purpose. |
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SECTION 9. This Act takes effect September 1, 2025. |