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.