HB 210 — The removal of a conservator, board of managers

90R3080 AMF-D By: Collier H.B. No. 210 relating to the removal of a conservator, board of managers, or other alternative management of a campus or school district in certain circumstances.

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.