Showing posts with label Texas Education Code. Show all posts
Showing posts with label Texas Education Code. Show all posts

Friday, May 2, 2014

An entire school district may elect to convert to charter status by establishing a home‐rule charter

  Just Say, "NO."

Texas Association of School Boards (TASB)
  • "Home Rule Charter Schools (Texas Education Code §§12.014‐12.023):  An entire school district may elect to convert to charter status by establishing a home‐rule charter. This conversion requires multiple steps including: the board of trustees establishing a commission  to frame the charter, obtaining preclearance of the charter by the U.S. Department of Justice (if it would  change the governance of the district), obtaining approval of the charter by the commissioner of education, adoption of the charter by a majority of the qualified voters in an election in  which at least 25 percent of the district’s registered voters participate, and certification of the adopted charter to the secretary of state.  At this time, no Texas school district has sought home‐rule conversion."                                                                                         
  • Texas Association of School Boards (TASB)
  • Click Here http://www.tasb.org/legislative/resources/documents/charters.pdf
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Adopting a home rule school district will convert a Texas Education Code Chapter 11 Independent School District to a Texas Education Code Chapter 12 Home Rule School District Charter status. 

Dallas ISD will no longer be an Independent District.
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Louisiana's Recovery School District, a special state-run district that focuses on remedying the damage Hurricane Katrina wrought on the schools in its path. (a Charter School District)
"One of those who saw opportunity in the floodwaters of New Orleans was the late Milton Friedman, grand guru of unfettered capitalism and credited with writing the rulebook for the contemporary, hyper-mobile global economy. Ninety-three years old and in failing health, "Uncle Miltie", as he was known to his followers, found the strength to write an op-ed for the Wall Street Journal three months after the levees broke. "Most New Orleans schools are in ruins," Friedman observed, "as are the homes of the children who have attended them. The children are now scattered all over the country. This is a tragedy. It is also an opportunity." (Milton Friedman, Wall Street Journal, December 5, 2005)

Friedman's radical idea was that instead of spending a portion of the billions of dollars in reconstruction money on rebuilding and improving New Orleans' existing public school system, the government should provide families with vouchers, which they could spend at private institutions.

In sharp contrast to the glacial pace with which the levees were repaired and the electricity grid brought back online, the auctioning-off of New Orleans' school system took place with military speed and precision. Within 19 months, with most of the city's poor residents still in exile, New Orleans' public school system had been almost completely replaced by privately run charter schools." (The Shock Doctrine - Naoimi Klein - Click Here)
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Arnie Duncan the U.S. Secretary of Education openly advocates mayoral control of urban school districts.
"Speaking at a forum with mayors and superintendents, Duncan promised to help more mayors take over.
"At the end of my tenue, if only seven mayors are in control, I think I will have failed, Duncan said.
 He offered to do whatever he can to make the case. "I'll come to your cities," Duncan said. "I'll meet with your editorial boards. I'll talk with your business communities. I will be there."
(Arne Duncan: Mayors Should Run Schools - NBC Chicago - 3-31-09) - Click Here
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Texas Education Code - Chapter 12 - Charters

Section 12.002: Classes Of Charter

The classes of charter under this chapter are:

(1) a home-rule school district charter as provided by Subchapter B;

(2) a campus or campus program charter as provided by Subchapter C; or

(3) an open-enrollment charter as provided by Subchapter D.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sunday, April 8, 2012

There is no Mayor in the Texas Education Code


Trustees cannot serve two masters. Our only master is supposed to be the Texas Education Code.

Serving two masters creates conflicts of interest that undermine the duty of Trustees to exercise the  exclusive power and responsibility to govern a school district. We were not elected to serve a region. We were elected to serve a district.

The Texas Education Code gives the exclusive "power and duty" to govern an Independent School District to elected Trustees .  There is no authorization for a Mayor or any other elected official or organization to intrude into the public affairs of an independent school district.  To do so undermines the clearly established control of the school district under state law.                
Sec. 11.051.  GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT;  NUMBER OF TRUSTEES.  (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;
 (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.
  b)  The trustees as a body corporate have "the exclusive power and duty" to govern and oversee the management of the public schools of the district.  All powers and duties not specifically delegated by statute to the agency or to the State Board of Education are reserved for the trustees, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees.
School Trustees do not answer to a Mayor, a Regional Chamber of Commerce, charter school promoters, or organizations formed to carry out a Mayor's agenda.  School Trustees are supposed to be independent representatives of the citizens who elected them.

The Mayor of Dallas has recently announced that Todd Williams is now his personal education advisor.  Todd Williams is a charter school promoter. Todd Williams was originally appointed to the Dallas ISD Budget Commission by Trustee District 9 Bernadette Nutall.  Todd Williams now serves as the Chair of the Dallas ISD Budget Commission. Todd Williams is the Executive Director of Commit - an initiative supported by the Mayor.  Then you have Educate Dallas, a political PAC supported by the Dallas Regional Chamber, issuing $10,000.00 checks to candidates for the school board , including Trustee Bernadette Nutall who originally appointed Todd Williams.

All of these roles create tremendous potential conflicts of interest for Todd Williams.
Todd Williams should be removed immediately as the Chair of the Dallas ISD Budget Commission because of these clear conflicts of interest.

The Texas Education Code clearly states that all "powers and duties" are "reserved for the trustees." Another government or external organization "may not substitute its judgment for the lawful exercise of those powers and duties by the trustees."

The Mayor of the city is clearly interfering in the affairs of Dallas ISD.  He was even going to campaign and raise money to elect individual Trustees until stopped by a City Ethics policy. We don't need a Mayor or other organizations attempting to undermine the authority of Trustees given by state law.

The Board President and the Mayor have had secret meetings that are not announced or disclosed to other Trustees or citizens.  The Mayor came to a Board Workshop meeting unannounced on the Agenda.  The minutes of that Workshop meeting do not even disclose the fact that the Mayor was present or that he made a presentation.  Yet, the Mayor lectured Trustees on Marketing 101 and how we should spend money on marketing over several years.

If the Mayor and city council are to get into the education business, are school trustees equally entitled to get into the city council's business?  Are school Trustees to get into the business of criticizing the Mayor and City Council for their shortcomings?  Would the Mayor appreciate school Trustees telling him or city council members how to do their job?

Creating externally controlled organizations that have all kinds of agendas is not in the interest of the citizens we serve. It undermines the authority of elected school Trustees under the Texas Education Code.

A Trustee who receives a $10,000.00 contribution from a business controlled PAC supported by the Mayor or any other organization with an agenda is a Trustee who just might be tempted to represent the Agenda of that PAC and the Mayor - ahead of the community of citizens and taxpayers who voted for them.

If money starts buying school Trustees, where does it end? How can the independence of school Trustees be preserved?

The Mayor previously met with U. S. Education Secretary Arnie Duncan who apparently passed on several names of potential Superintendent candidates.  The Mayor stated he was told by the Board President to give those names to PROACT Search.  Education Secretary Arnie Duncan also promotes mayoral takeovers of public education (more big-city mayors need to take over school districts). (Arne Duncan: Mayors Should Run Schools).  The Broad Foundation and Eli Broad also actively promote mayoral takeover of urban school systems.

Dallas ISD trustees discuss Mayor Mike Rawlings' involvement in superintendent search, trustee elections


If you want your school district to represent your community, elect people who will put children, parents, teachers and community above power, politics and money.

You have that chance during school Trustee elections every May.