HBA-MPM H.B. 2006 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2006
By: Reyna, Arthur
Public Education
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the school board (board) of each school district to
approve a superintendent's decision to hire or fire various school
personnel.  H.B. 2006 gives the board hiring jurisdiction over only the
superintendent, and gives the superintendent the authority to hire,
suspend, or fire other school personnel. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Establishes that the employment policy adopted by the board of
trustees (board) of each independent school district (district) must
provide that the superintendent has the sole authority to select, rather
than make recommendations to the board regarding the selection of,
personnel other than the superintendent and to discharge or suspend all
personnel other than the superintendent or an employee whose discharge or
suspension requires action of the board under Chapter 21 (Educators),
Education Code.  Deletes the provision authorizing the board to delegate
final authority for those decisions to the superintendent and that each
principal must approve each teacher or staff appointment to the principal's
campus as provided by Section 11.202 (Principals), Education Code. Deletes
the board's authorization to accept or reject the superintendent's
recommendation regarding the selection of district personnel, and the
requirement that if the board rejects the recommendation, the
superintendent make alternative recommendations until the board accepts a
recommendation. Redesignates Subsection (c) to Subsection (b). 

SECTION 2.  Amends Section 11.201(d), Education Code, to make conforming
changes.  

SECTION 3.  Amends Section 11.202(b), Education Code, to redesignate
Subdivisions (2)-(7) to Subdivisions (1)-(6), respectively.  Makes a
conforming change. 

SECTION 4.  Repealer: 11.202(d), Education Code, which states that the
superintendent or the superintendent's designee has final placement
authority for a teacher transferred because of enrollment shifts or program
changes in the district. 

SECTION 5.  Makes this Act applicable beginning with the 1999-2000 school
year. 

SECTION 6.Emergency clause.
  Effective date: upon passage.