HBA-MSH H.B. 2861 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2861
By: Sadler
Public Education
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Current law delineates the powers and duties of the boards of trustees
(board) and superintendents of independent school districts.  However,
confusion still exists in some areas, especially in areas where the
superintendent and board must collaborate.  House Bill 2861 further
delineates the roles and responsibilities of a board and superintendent and
sets forth provisions relating to the conduct of board meetings. 

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. 

ANALYSIS

House Bill 2861 amends the Education Code to prohibit a member of a board
of trustees of an independent school district (board) from acting
individually on behalf of the board.  The bill authorizes a board to act
only by a majority vote of the members present at a meeting at which a
quorum of the board and the district's superintendent or the
superintendent's designee are present (Section 11.051). 

The bill authorizes a board to hold only one regular meeting each month and
authorizes the president of a board to call a special meeting with the
approval of a majority of the members of the board and the superintendent.
The bill requires that the minutes of a regular or special meeting of the
board  reflect each member's attendance at or failure to attend the meeting
and provides that the minutes must be readily accessible to the public
(Sec. 11.0621).   

A board is required to serve as the leader of and advocate for the children
of the community, work with the community to make the best use of community
resources, adopt a vision statement and comprehensive goals, monitor
progress towards those goals, and establish performance goals.  The bill
requires the board to ensure that the district recognizes accomplishments,
is accountable for achieving results, and takes action as necessary.  The
bill requires a board to adopt a policy to establish a district-level and
campus-level planning and decision making process, publish an annual
educational performance report, establish financial goals, adopt an annual
budget for the district, adopt a tax rate each fiscal year, monitor
district finances, ensure that district fiscal accounts are audited
annually, and publish an end-of-year financial report for distribution to
the community.  The bill authorizes a board to issue bonds, levy an annual
ad valorem tax, and employ a person to assess or collect the district's
taxes.  The bill authorizes a board to enter into contracts and delegate
contractual responsibility to the superintendent as appropriate.  The bill
requires a board to conduct elections and to inform the superintendent of
any personnel recommendation or complaint from the public requiring action
by the superintendent (Sec. 11.1511).   
The bill requires the board and the superintendent to collaborate on
certain issues, including  periodic evaluation of the board and
superintendent leadership, governance, and teamwork (Sec. 11.1512).  The
bill provides that the employment policy of a school district must provide
that the board employs, evaluates, and if appropriate terminates the
employment of the superintendent and that each district employee other than
the superintendent is answerable to the superintendent.  The bill prohibits
a board from arbitrarily rejecting the recommendation of the superintendent
regarding the selection of district personnel (Sec.  11.513). 

The bill includes among the duties of a superintendent, organization of
education programs, administrative authority for the employment of district
personnel, ensuring compliance with standards for the adequacy of school
facilities, assuming responsibility for the termination or suspension of an
employee, administering the budget, providing leadership for the
improvement of student performance, consulting with the districtlevel
committee, ensuring the adoption of a student code of conduct and
disciplinary rules, submitting reports as required by law, rule, or
regulation, and addressing any issue arising from any public recommendation
or complaint concerning district personnel (Sec. 11.201). 

The bill requires that the minutes of the last regular meeting of a board
held during a calendar year reflect whether each trustee has met or is
delinquent in meeting the training required to be completed by the date of
that meeting (Sec. 11.159). 

EFFECTIVE DATE

September 1, 2001.