H.B. No. 2563
  relating to the powers and duties of the boards of trustees and
  superintendents of independent school districts and of regional
  education service centers.
         SECTION 1.  Section 11.051, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
         (a)  An independent school district is governed by a board of
  trustees who, as a body corporate, shall:
               (1)  oversee the management of the district; and
               (2)  ensure that the superintendent implements and
  monitors plans, procedures, programs, and systems to achieve
  appropriate, clearly defined, and desired results in the major
  areas of district operations.
         (a-1)  Unless authorized by the board, a member of the board
  may not, individually, act on behalf of the board.  The board of
  trustees may act only by majority vote of the members present at a
  meeting held in compliance with Chapter 551, Government Code, at
  which a quorum of the board is present and voting.  The board shall
  provide the superintendent an opportunity to present at a meeting
  an oral or written recommendation to the board on any item that is
  voted on by the board at the meeting.
         SECTION 2.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Section 11.0621 to read as follows:
         Sec. 11.0621.  MEETINGS.  The minutes, certified agenda, or
  recording, as applicable, of a regular or special meeting of the
  board of trustees must reflect each member's attendance at or
  absence from the meeting. The minutes or tape recording of an open
  meeting must be accessible to the public in accordance with Section
  551.022, Government Code.
         SECTION 3.  Subchapter D, Chapter 11, Education Code, is
  amended by adding Sections 11.1511 and 11.1512 to read as follows:
         Sec. 11.1511.  SPECIFIC POWERS AND DUTIES OF BOARD.  (a)  In
  addition to powers and duties under Section 11.151 or other law, the
  board of trustees of an independent school district has the powers
  and duties provided by Subsection (b).
         (b)  The board shall:
               (1)  seek to establish working relationships with other
  public entities to make effective use of community resources and to
  serve the needs of public school students in the community;
               (2)  adopt a vision statement and comprehensive goals
  for the district and the superintendent and monitor progress toward
  those goals;
               (3)  establish performance goals for the district
                     (A)  the academic and fiscal performance
  indicators under Subchapters C and I, Chapter 39, respectively; and
                     (B)  any performance indicators adopted by the
               (4)  ensure that the superintendent:
                     (A)  is accountable for achieving performance
                     (B)  recognizes performance accomplishments; and
                     (C)  takes action as necessary to meet performance
               (5)  adopt a policy to establish a district- and
  campus-level planning and decision-making process as required
  under Section 11.251;
               (6)  publish an annual educational performance report
  as required under Section 39.053;
               (7)  adopt an annual budget for the district as
  required under Section 44.004;
               (8)  adopt a tax rate each fiscal year as required under
  Section 26.05, Tax Code;
               (9)  monitor district finances to ensure that the
  superintendent is properly maintaining the district's financial
  procedures and records;
               (10)  ensure that district fiscal accounts are audited
  annually as required under Section 44.008;
               (11)  publish an end-of-year financial report for
  distribution to the community;
               (12)  conduct elections as required by law;
               (13)  by rule, adopt a process through which district
  personnel, students or the parents or guardians of students, and
  members of the public may obtain a hearing from the district
  administrators and the board regarding a complaint;
               (14)  make decisions relating to terminating the
  employment of district employees employed under a contract to which
  Chapter 21 applies, including terminating or not renewing an
  employment contract to which that chapter applies; and
               (15)  carry out other powers and duties as provided by
  this code or other law.
         (c)  The board may:
               (1)  issue bonds and levy, pledge, assess, and collect
  an annual ad valorem tax to pay the principal and interest on the
  bonds as authorized under Sections 45.001 and 45.003;
               (2)  levy, assess, and collect an annual ad valorem tax
  for maintenance and operation of the district as authorized under
  Sections 45.002 and 45.003;
               (3)  employ a person to assess or collect the district's
  taxes as authorized under Section 45.231; and
               (4)  enter into contracts as authorized under this code
  or other law and delegate contractual authority to the
  superintendent as appropriate.
  SUPERINTENDENT.  (a)  In relation to the superintendent of the
  school district, the board of trustees of the district has the
  powers and duties specified by Sections 11.1511(b) and (c). The
  superintendent shall, on a day-to-day basis, ensure the
  implementation of the policies created by the board.
         (b)  The board of trustees and the superintendent shall work
  together to:
               (1)  advocate for the high achievement of all district
               (2)  create and support connections with community
  organizations to provide community-wide support for the high
  achievement of all district students;
               (3)  provide educational leadership for the district,
  including leadership in developing the district vision statement
  and long-range educational plan;
               (4)  establish district-wide policies and annual goals
  that are tied directly to the district's vision statement and
  long-range educational plan;
               (5)  support the professional development of
  principals, teachers, and other staff; and
               (6)  periodically evaluate board and superintendent
  leadership, governance, and teamwork.
         SECTION 4.  Section 11.163, Education Code, is redesignated
  as Section 11.1513, Education Code, and amended to read as follows:
         Sec. 11.1513 [11.163].  EMPLOYMENT POLICY.  (a)  The board
  of trustees of each independent school district shall adopt a
  policy providing for the employment and duties of district
  personnel.  The employment policy must provide that:
               (1)  the board employs and evaluates the
               (2)  the superintendent has sole authority to make
  recommendations to the board regarding the selection of all
  personnel other than the superintendent, except that the board may
  delegate final authority for those decisions to the superintendent;
               (3) [(2)]  each principal must approve each teacher or
  staff appointment to the principal's campus as provided by Section
         (b)  The board of trustees may accept or reject the
  superintendent's recommendation regarding the selection of
  district personnel and shall include the board's acceptance or
  rejection in the minutes of the board's meeting, as required under
  Section 551.021, Government Code, in the certified agenda or tape
  recording required under Section 551.103, Government Code, or in
  the recording required under Section 551.125 or 551.127, Government
  Code, as applicable. If the board rejects the superintendent's
  recommendation, the superintendent shall make alternative
  recommendations until the board accepts a recommendation.
         (c)  The employment policy may:
               (1)  specify the terms of employment with the district;
               (2)  delegate to the superintendent the authority to
  determine the terms of employment with the district; or
               (3)  include a provision for providing each current
  district employee with an opportunity to participate in a process
  for transferring to another school in or position with the
         (d)  The employment policy must provide that not later than
  the 10th school day before the date on which a district fills a
  vacant position for which a certificate or license is required as
  provided by Section 21.003, other than a position that affects the
  safety and security of students as determined by the board of
  trustees, the district must provide to each current district
               (1)  notice of the position by posting the position on:
                     (A)  a bulletin board at:
                           (i)  a place convenient to the public in the
  district's central administrative office; and
                           (ii)  the central administrative office of
  each campus in the district during any time the office is open; and
                     (B)  the district's Internet website, if the
  district has a website; and
               (2)  a reasonable opportunity to apply for the
         (e)  If, during the school year, the district must fill a
  vacant position held by a teacher, as defined by Section 21.201, in
  less than 10 school days, the district:
               (1)  must provide notice of the position in the manner
  described by Subsection (d)(1) as soon as possible after the
  vacancy occurs;
               (2)  is not required to provide the notice for 10 school
  days before filling the position; and
               (3)  is not required to comply with Subsection (d)(2).
         (f)  If, under the employment policy, the board of trustees
  delegates to the superintendent the final authority to select
  district personnel:
               (1)  the superintendent is a public official for
  purposes of Chapter 573, Government Code, only with respect to a
  decision made under that delegation of authority; and
               (2)  each member of the board of trustees remains
  subject to Chapter 573, Government Code, with respect to all
  district employees.
         (g)  Subsection (f) does not apply to a school district that
  is located:
               (1)  wholly in a county with a population of less than
  35,000; or
               (2)  in more than one county, if the county in which the
  largest portion of the district territory is located has a
  population of less than 35,000.
         (h)  For purposes of Subsection (f), a person hired by a
  school district before September 1, 2007, is considered to have
  been in continuous employment as provided by Section 573.062(a),
  Government Code, and is not prohibited from continuing employment
  with the district subject to the restrictions of Section
  573.062(b), Government Code.
         (i)  The employment policy must provide each school district
  employee with the right to present grievances to the district board
  of trustees.
         SECTION 5.  Section 11.159(b), Education Code, is amended to
  read as follows:
         (b)  A trustee must complete any training required by the
  State Board of Education. The minutes of the last regular meeting
  of the board of trustees held during a calendar year must reflect
  whether each trustee has met or is delinquent in meeting the
  training required to be completed as of the date of the meeting.
         SECTION 6.  Section 11.201(d), Education Code, is amended to
  read as follows:
         (d)  The duties of the superintendent include:
               (1)  assuming administrative responsibility and
  leadership for the planning, organization, operation, supervision,
  and evaluation of the education programs, services, and facilities
  of the district and for the annual performance appraisal of the
  district's staff;
               (2)  except as provided by Section 11.202, assuming
  administrative authority and responsibility for the assignment,
  supervision, and evaluation of all personnel of the district other
  than the superintendent;
               (3)  overseeing compliance with the standards for
  school facilities established by the commissioner under Section
  46.008 [making recommendations regarding the selection of
  personnel of the district other than the superintendent, as
  provided by Section 11.163];
               (4)  initiating the termination or suspension of an
  employee or the nonrenewal of an employee's term contract;
               (5)  managing the day-to-day operations of the district
  as its administrative manager, including implementing and
  monitoring plans, procedures, programs, and systems to achieve
  clearly defined and desired results in major areas of district
               (6)  preparing and submitting to the board of trustees
  a proposed budget as provided by Section 44.002 and rules adopted
  under that section, and administering the budget;
               (7)  preparing recommendations for policies to be
  adopted by the board of trustees and overseeing the implementation
  of adopted policies;
               (8)  developing or causing to be developed appropriate
  administrative regulations to implement policies established by
  the board of trustees;
               (9)  providing leadership for the attainment and, if
  necessary, improvement of student performance in the district based
  on the indicators adopted under Section 39.051 and other indicators
  adopted by the State Board of Education or the district's board of
               (10)  organizing the district's central
  administration; [and]
               (11)  consulting with the district-level committee as
  required under Section 11.252(f);
               (12)  ensuring:
                     (A)  adoption of a student code of conduct as
  required under Section 37.001 and enforcement of that code of
  conduct; and
                     (B)  adoption and enforcement of other student
  disciplinary rules and procedures as necessary;
               (13)  submitting reports as required by state or
  federal law, rule, or regulation;
               (14)  providing joint leadership with the board of
  trustees to ensure that the responsibilities of the board and
  superintendent team are carried out; and
               (15)  performing any other duties assigned by action of
  the board of trustees.
         SECTION 7.  Subchapter A, Chapter 8, Education Code, is
  amended by adding Section 8.011 to read as follows:
         Sec. 8.011.  NEPOTISM PROHIBITION.  For purposes of all
  employees of each regional education service center, the executive
  director and each member of the board of directors are public
  officials subject to Chapter 573, Government Code.
         SECTION 8.  This Act takes effect September 1, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2563 was passed by the House on May
  10, 2007, by the following vote:  Yeas 137, Nays 4, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2563 on May 25, 2007, by the following vote:  Yeas 132, Nays 0,
  2 present, not voting; and that the House adopted H.C.R. No. 284
  authorizing certain corrections in H.B. No. 2563 on May 28, 2007, by
  a non-record vote.
  Chief Clerk of the House   
         I certify that H.B. No. 2563 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0; and that the Senate adopted H.C.R. No. 284 authorizing certain
  corrections in H.B. No. 2563 on May 28, 2007, by a viva-voce vote.
  Secretary of the Senate   
  APPROVED: __________________