HBA-LCA H.B. 3672 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3672
By: Goolsby
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

In the past year, one sixth of the public schools rated by the Texas
Education Agency as lowperforming were in the Dallas Independent School
District (DISD).  Less than 60 percent of DISD students passed all TAAS
tests administered, compared to a statewide average of more than 75 percent
passage, and only 52 percent of graduating students in the class of 1997
took the SAT or ACT.  During the 1997-1998 school year, more than 1,500
students in the district dropped out of grades 7 through 12. 

The DISD superintendent was recently convicted of embezzlement, leaving the
district without a chief administrator.  An additional problem is the
strong public perception that the members of the school board are unable to
cooperate with one another or to make unified decisions.   

Both local and state leaders support taking immediate action with regard to
educating Dallas schoolchildren.  H.B. 3672, which applies to Dallas,
requires the division of DISD into three separate districts, each retaining
at least 20 percent of the previous year's enrollment, with property and
debt distributed equally among each new district.  The bill provides for
the election of three new boards of trustees.  Under this bill, the current
board of trustees will administer the division, and remain on the board
until the election of the new boards of trustees. 

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.  Amends Subchapter C, Chapter 13, Education Code, by adding
Section 13.106, as follows: 

Sec.  13.106.  DIVISION OF CERTAIN DISTRICTS.  (a) Provides that a school
district (district) with less than 200,000 students located in whole or
part in a county with a population of more than 1.8 million shall divide
into three districts under this section. 

(b)  Requires the board of trustees of the school district (board) to
initiate division of the district by resolution adopted by a majority of
the board.   Requires the resolution to state metes and bounds of each new
district, and allocate the property and debt of the former district
equitably among the three districts. Provides that each new district must
contain at least 20 percent of the previous year's enrollment. 

(c) Authorizes a member of the board of trustees to appeal the boundaries
and allocations adopted to the commissioner of education (commissioner)
under Section 7.057, Education Code (Appeals).  Authorizes the commissioner
to adjust the boundaries and allocations to the extent necessary to provide
adequate resources to each new district for the education of students who
reside within its boundaries.  Provides that such an appeal must be made
within 10 days of the resolution, and that the commissioner's decision
under this section is final and may not be appealed. 

 (d) Entitles an employee of a district divided under this section to the
same contractual rights, if any, with one of the new districts.  Requires
the board resolution to specify which employees are assigned to each new
district, provided that an employee currently assigned to a campus may not
be transferred by action of the board's resolution. 

(e) Requires the board of the former district to administer the affairs of
the district until the next regular election, when new boards are elected
in the same manner as provided for the election of the former board. 

(f)  Requires the commissioner, upon the disallowance of a division of a
school district under this section by court order, by administrative
disapproval by the U.S. Department of Justice, or upon the board's failure
to adopt a resolution within the time limit, to develop a division of the
district and its assets and liabilities, including employee assignment,
which must take effect at the next regularly scheduled election at which
trustees may be selected. 

(g)  Requires a board subject to this section to adopt a resolution in
compliance with this section no later than 90 days after the date on which
the district becomes subject to this section. 

SECTION 2.  Emergency clause.
            Effective date: 90 days after adjournment.