Collier Bill Ends State School Takeovers After Two Failed Years

The text as introduced · 667 words

90R3080 AMF-D

By: Collier
H.B. No. 210

A BILL TO BE ENTITLED

AN ACT

relating to the removal of a conservator, board of managers, or

other alternative management of a campus or school district in

certain circumstances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 39A.003, Education Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) Subject to Subsection (b-1), at [ At ] least every 90

days, the commissioner shall review the need for the conservator or

management team and shall remove the conservator or management team

unless the commissioner determines that continued appointment is

necessary for effective governance of the school district or

delivery of instructional services.

(b-1) In accordance with Section 39A.008, the commissioner

shall remove the conservator or management team under the

circumstances described by that section.

SECTION 2. Subchapter A, Chapter 39A, Education Code, is

amended by adding Section 39A.008 to read as follows:

Sec. 39A.008. REMOVAL OF CONSERVATOR, BOARD OF MANAGERS, OR

ALTERNATIVE MANAGEMENT UNDER CERTAIN CIRCUMSTANCES. (a)

Notwithstanding any other provision of this chapter, if the

commissioner, based on the academic performance of a campus or

school district, takes action under this chapter by appointing a

conservator or board of managers or ordering alternative management

of the campus or school district, the board of trustees of the

school district shall resume management of the campus or district,

as applicable, if, for two consecutive years under the management

of the conservator, board of managers, or other alternative

manager, including the school year during which the conservator or

board of managers was appointed or the alternative management was

ordered, the basis for the commissioner's action continues to

exist.

(b) Notwithstanding any other provision of this chapter, if

the board of trustees of a school district resumes management of a

campus or district under Subsection (a), the commissioner may not

appoint a conservator or board of managers or order other

alternative management of the campus or district, as applicable,

based on the campus's or district's academic performance until

after the fifth consecutive school year under the board's

management, including the school year during which the board

resumes management.

SECTION 3. Section 39A.153(b), Education Code, is amended

to read as follows:

(b) The management contract must include:

(1) a provision describing the school district's

responsibilities in supporting the operation of the campus; [ and ]

(2) provisions approved by the commissioner requiring

the managing entity to demonstrate improvement in campus

performance, including negotiated performance measures ; and

(3) a provision for automatic termination of the

contract in accordance with Section 39A.008 under the circumstances

described by that section .

SECTION 4. Section 39A.209(c), Education Code, is amended

to read as follows:

(c) Following the removal of a board of managers under

Subsection (a) [ or (b) ], or at the request of a managing entity

appointed under Section 39A.107 to oversee the implementation of

alternative management, the commissioner may appoint a conservator

or monitor for the school district to ensure district-level support

for low-performing campuses and to oversee the implementation of

the updated targeted improvement plan.

SECTION 5. Section 39A.209(b), Education Code, is repealed.

SECTION 6. (a) Except as provided by Subsection (b) of this

section, this Act applies beginning with the 2027-2028 school year.

(b) Section 39A.153(b), Education Code, as amended by this

Act, applies to a contract entered into, amended, or renewed on or

after September 1, 2027. A contract entered into before that date

and not amended or renewed after that date is governed by the law in

effect on the date the contract was entered into, and the former law

is continued in effect for that purpose.

SECTION 7. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.