HBA-SEP S.B. 745 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 745
By: Shapleigh
Public Education
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the commissioner of education is authorized to temporarily
replace a school district board of trustees or annex the district into one
or more adjoining districts if the district has earned an academically
unacceptable rating for a period of one year or more.  Senate Bill 745
allows for these same sanctions against a school district if a master or
management team has been assigned for a specific period of time.  
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

Senate Bill 745 amends the Education Code to specify that if, for a period
of one year or more, a district has had a master or management team (team)
assigned, the commissioner of education (commissioner) is required, to the
extent the commissioner determines necessary, to appoint a board of
managers, a majority of whom must be residents of the district, to exercise
the powers and duties of the board of trustees.  The bill specifies that
if, for a period of two years or more, the district has had a master or
team assigned, the commissioner is authorized to annex the district to one
or more adjoining districts or in the case of a homerule school district,
request the State Board of Education to revoke the district's home-rule
school district charter.  The commissioner may authorize a master or a team
to employ professional staff as necessary to assist the master or team in
performing their duties.  The bill requires the district to pay the cost of
providing professional staff.  At any time, the commissioner is authorized
to appoint a team to replace a master or a master to replace a team.   

The bill authorizes a board of managers to exercise all of the powers and
duties assigned to a board of trustees of a district by law, rule, or
regulation.  Provisions regarding accreditation sanctions apply to a
district governed by a board of managers in the same manner as any other
district.  A master or team member appointed to serve on a board of
managers is authorized to continue to be compensated as determined by the
commissioner.  At the direction of the commissioner, the board of managers
is required to order an election of members of the district board of
trustees.  On qualification of members for office, the board of trustees
assumes all of the powers and duties assigned to a board of trustees by
law, rule or regulation.  An employee, volunteer, or contractor acting on
behalf of the commissioner is immune from civil liability to the same
extent as a professional employee of a school district.    

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.