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SCS/HCS/HB 1174 – This act removes the two-year waiting period that exists between the classification of a school district as unaccredited and the lapse of the district's corporate organization. Instead, when the State Board of Education classifies a district as unaccredited, it must review the governance of the district to establish the conditions under which the existing school board will continue to govern. The State Board must also determine the date on which the district will lapse and must determine an alternative governing structure for the district. This act changes the timing and purpose of the hearing that the Department of Elementary and Secondary Education must conduct. When a district is classified as unaccredited, the hearing must be regarding the accreditation status of the district. Also, the hearing must provide an opportunity to convene community resources that may be useful or necessary to support the school district as it attempts to return to accredited status. When it classifies a district as unaccredited, the State Board of Education may allow continued governance by the existing local board of education under specific terms and conditions. If the State Board appoints a special administrative board to oversee the district, it may determine the number of members and specify the board's duties. If the State Board determines an alternative governing structure, it must provide a rationale for its decision and review and recertify the alternative form of governance every three years. In addition, the State Board must create a public comment method, establish expectations for academic progress by creating a time line for full accreditation, and provide annual reports to the General Assembly and Governor on the district's progress, as described in the act. A special administrative board appointed under this act will retain the authority granted to a school board under the laws of the state in effect at the time of the district's lapse. When a special administrative is appointed, or when another district or other entity is assigned territory, assets, or funds from a lapsed district, all contracts must be honored until the end of the contracts' term. At the end of the contracts' term, a special administrative board or other district or entity is assigned territory, assets, or funds from a lapsed district will have the authority to employ or terminate the employment of all personnel employed in the district and will be under no obligation to renew, or enter into, any contract with any employee. No special administrative board or other entity assigned territory, assets, or funds from a lapsed district may enter into any contracts with any teacher or school employee union. This act prohibits school districts from compensating teachers who serve as officers in a teacher or school employee union unless the teacher performs actual work for the district on a full-time basis. This act repeals the requirement that provisionally accredited and unaccredited districts develop a plan to divide up the district if the district cannot regain accreditation within three years of the loss of accreditation. No action of the State Board of Education under this section will be construed to supersede the right of a student residing in an unaccredited school district, under section 167.131, to transfer to an accredited district in the same or an adjoining county and have his or her tuition paid by the school district of residence. This act contains an emergency clause. This act is similar to SCS/SB 677 (2012). MICHAEL RUFF
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