| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to authority of school districts, home-rule school |
|
|
districts, and open-enrollment charter schools to establish |
|
|
innovation zones and the authority of school districts to obtain |
|
|
designation as districts of innovation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 2, Education Code, is amended by adding |
|
|
Chapter 12A to read as follows: |
|
|
CHAPTER 12A. INNOVATION ZONES AND DISTRICTS OF INNOVATION |
|
|
SUBCHAPTER A. INNOVATION ZONES |
|
|
Sec. 12A.001. DEFINITIONS. In this subchapter: |
|
|
(1) "Governing body" means the board of trustees of a |
|
|
school district or the governing body of a home-rule school |
|
|
district under Subchapter B, Chapter 12, or an open-enrollment |
|
|
charter school under Subchapter D, Chapter 12. |
|
|
(2) "School district" means an independent school |
|
|
district or a home-rule school district under Subchapter B, Chapter |
|
|
12. |
|
|
Sec. 12A.002. AUTHORIZATION. (a) Subject to approval by |
|
|
the commissioner, a governing body may establish a multiple-campus |
|
|
innovation zone in accordance with this subchapter to: |
|
|
(1) encourage local community-based initiatives to |
|
|
improve educational outcomes with minimum state and local |
|
|
requirements; |
|
|
(2) enable collaboration by multiple campuses, |
|
|
programs, and institutions of higher education; and |
|
|
(3) encourage innovation through shared resources and |
|
|
facilities. |
|
|
(b) Subject to Subsection (b-1), a governing body may: |
|
|
(1) establish an innovation zone that includes only |
|
|
designated campuses under the authority of the governing body; |
|
|
(2) establish, in cooperation with one or more other |
|
|
governing bodies, an innovation zone that includes one or more |
|
|
designated campuses under the authority of each governing body; or |
|
|
(3) seek inclusion of one or more campuses under the |
|
|
authority of the governing body in an innovation zone established |
|
|
by one or more other governing bodies. |
|
|
(b-1) A campus may be included in an innovation zone only if |
|
|
the most recent performance rating under Section 39.054 for the |
|
|
campus reflects at least acceptable performance. |
|
|
(c) Establishment of an innovation zone or a request for |
|
|
inclusion of a campus in an existing zone may be initiated by: |
|
|
(1) a resolution of a governing body; or |
|
|
(2) a request submitted by the principal of a campus to |
|
|
the governing body with authority over the campus. |
|
|
Sec. 12A.003. PARTICIPATION BY INSTITUTION OF HIGHER |
|
|
EDUCATION. An institution of higher education may participate in |
|
|
an innovation zone on terms acceptable to the governing board of the |
|
|
institution. |
|
|
Sec. 12A.004. INNOVATION ZONE PLAN. (a) The establishment |
|
|
of an innovation zone or a request for inclusion of a campus in an |
|
|
innovation zone must be based on a written innovation zone plan that |
|
|
includes: |
|
|
(1) a detailed description of the budget, staffing, |
|
|
and financial resources necessary to implement the plan, including |
|
|
resources to be provided by each individual campus and resources to |
|
|
be provided collectively by all participating campuses; |
|
|
(2) a detailed description of the academic programs to |
|
|
be offered, including instructional methods, length of school day |
|
|
and year, credit and promotion criteria, and programs to serve |
|
|
special populations; |
|
|
(3) a statement of the facilities to be used; |
|
|
(4) the proposed term of the innovation zone, which |
|
|
may not exceed five years; |
|
|
(5) a statement of the reasons that the establishment |
|
|
of the innovation zone or inclusion of the campus in the zone will |
|
|
promote the ability of the campuses to achieve their academic |
|
|
goals; |
|
|
(6) a list of any local or state law, rule, or policy |
|
|
exemption necessary for successful operation of the innovation |
|
|
zone, subject to Section 12A.008; |
|
|
(7) performance goals against which the success of the |
|
|
innovation zone may be measured; |
|
|
(8) written comments from the campus-level committee |
|
|
established under Section 11.251, if applicable, and parents and |
|
|
teachers at each campus proposed for inclusion in the innovation |
|
|
zone; and |
|
|
(9) any other information required by local policy. |
|
|
(b) As requested by a governing body, a regional education |
|
|
service center shall provide assistance in the development and |
|
|
implementation of an innovation plan. |
|
|
Sec. 12A.005. CONSIDERATION OF REQUEST BY PRINCIPAL. |
|
|
(a) A request by a principal for the establishment of an |
|
|
innovation zone or inclusion of a campus in an innovation zone must |
|
|
be considered at a public meeting by the governing body with |
|
|
authority over the principal's campus. |
|
|
(b) Parents of students enrolled at the campus and teachers |
|
|
and other staff assigned to the campus must be provided the |
|
|
opportunity to make comments regarding the request at the public |
|
|
meeting. |
|
|
(c) After conducting the public meeting, the governing body |
|
|
may: |
|
|
(1) grant the request; |
|
|
(2) grant the request subject to approval by another |
|
|
governing body, if the request also involves a campus under the |
|
|
authority of another governing body; |
|
|
(3) delay a decision on the request, pending |
|
|
resolution of suggestions or comments regarding the request made by |
|
|
the governing body or parents, teachers, or other staff at the |
|
|
campus; or |
|
|
(4) reject the request. |
|
|
(d) If the governing body approves a principal's request, |
|
|
the governing body shall: |
|
|
(1) seek approval by the commissioner in accordance |
|
|
with Section 12A.007; |
|
|
(2) adopt performance goals for the principal's |
|
|
campus; and |
|
|
(3) exempt the campus from any local requirement |
|
|
identified in the innovation plan under Section 12A.004(a)(6) for |
|
|
the term of the innovation zone. |
|
|
Sec. 12A.006. FORM OF AGREEMENT. An innovation zone that |
|
|
involves more than one governing body or that involves an |
|
|
institution of higher education may be governed by an agreement |
|
|
between the affected school districts, schools, and institutions in |
|
|
the form of a contract. |
|
|
Sec. 12A.007. APPROVAL BY COMMISSIONER. (a) A governing |
|
|
body must obtain approval from the commissioner before the |
|
|
establishment or renewal of an innovation zone or the inclusion of a |
|
|
campus in an existing zone may become effective. |
|
|
(b) If the commissioner approves the establishment or |
|
|
renewal of an innovation zone or the inclusion of a campus in an |
|
|
existing zone, the commissioner shall identify each requirement of |
|
|
state law, rule, or policy from which the campuses included in the |
|
|
zone are exempt. |
|
|
(c) A decision by the commissioner under this section is |
|
|
final and may not be appealed. |
|
|
Sec. 12A.008. APPLICABILITY OF CERTAIN LAWS. (a) An |
|
|
open-enrollment charter school campus included in an innovation |
|
|
zone continues to be subject to the requirements of Subchapter D, |
|
|
Chapter 12. |
|
|
(b) A campus included in an innovation zone other than an |
|
|
open-enrollment charter school campus is subject only to |
|
|
requirements imposed under this title that apply to an |
|
|
open-enrollment charter school. |
|
|
(c) An innovation zone plan or other agreement governing an |
|
|
innovation zone may not conflict with the provisions of a home-rule |
|
|
school district charter under Subchapter B, Chapter 12. |
|
|
Sec. 12A.009. ACCOUNTABILITY. The commissioner shall |
|
|
ensure that each campus included in an innovation zone is evaluated |
|
|
for academic and financial performance and that performance of each |
|
|
campus is attributed to the school district or open-enrollment |
|
|
charter school of which the campus is a part. |
|
|
Sec. 12A.010. TERMINATION OR RENEWAL. (a) A governing |
|
|
body may terminate an innovation zone that contains only campuses |
|
|
under the governing body's authority or withdraw campuses from |
|
|
participation in an innovation zone that also contains campuses |
|
|
under the authority of another governing body if: |
|
|
(1) the innovation zone fails to meet performance |
|
|
goals established for the zone under this subchapter; or |
|
|
(2) one or more campuses included in the innovation |
|
|
zone receives an unacceptable performance rating under Section |
|
|
39.054 for two consecutive school years. |
|
|
(b) The commissioner may terminate an innovation zone if: |
|
|
(1) the innovation zone fails to meet performance |
|
|
goals established for the zone under this subchapter; or |
|
|
(2) one or more of the campuses included in the |
|
|
innovation zone receives an unacceptable performance rating under |
|
|
Section 39.054 for two consecutive school years. |
|
|
(c) Unless the innovation zone is terminated by the |
|
|
governing body or bodies before the commissioner takes action under |
|
|
this subsection, the commissioner shall terminate an innovation |
|
|
zone if one or more of the campuses included in the innovation zone |
|
|
receives an unacceptable performance rating under Section 39.054 |
|
|
for three consecutive school years. |
|
|
(d) Subject to the approval of the participating governing |
|
|
bodies and the commissioner, an innovation zone may be renewed |
|
|
automatically for successive terms not to exceed five years each |
|
|
if: |
|
|
(1) the zone meets performance goals established for |
|
|
the zone under this subchapter; and |
|
|
(2) each campus included in the zone meets the |
|
|
requirement imposed by Section 12A.002(b-1) at the time of renewal. |
|
|
(e) A decision by the commissioner under this section is |
|
|
final and may not be appealed. |
|
|
Sec. 12A.011. FISCAL AGENT. If an innovation zone includes |
|
|
campuses under the authority of more than one governing body, the |
|
|
governing bodies may jointly designate the participating school |
|
|
district, school, or institution of higher education that will |
|
|
serve as the zone's fiscal agent for matters relating to |
|
|
employment, compliance, or reporting. |
|
|
Sec. 12A.012. COMMISSIONER RULEMAKING. (a) Subject to |
|
|
Subsection (b), the commissioner may adopt rules implementing this |
|
|
subchapter. |
|
|
(b) The commissioner's rulemaking authority under this |
|
|
subchapter is limited to rules addressing reporting, federal |
|
|
program compliance, state and federal accountability, and funding. |
|
|
Except as authorized by this subsection, the rules may not govern |
|
|
the local operations of an innovation zone. |
|
|
Sec. 12A.013. COMMISSIONER'S AUTHORITY REGARDING |
|
|
ACCOUNTABILITY AND FEDERAL REQUIREMENTS. Notwithstanding any |
|
|
other provision of this subchapter, this subchapter does not limit |
|
|
the commissioner's authority under Chapter 39 or federal law. |
|
|
SUBCHAPTER B. DISTRICTS OF INNOVATION |
|
|
Sec. 12A.051. AUTHORIZATION. (a) Subject to Subsection |
|
|
(a-1), a school district may be designated as a district of |
|
|
innovation in accordance with this subchapter. |
|
|
(a-1) A school district is eligible for designation as a |
|
|
district of innovation only if the district's most recent |
|
|
performance rating under Section 39.054 reflects at least |
|
|
acceptable performance. |
|
|
(b) Consideration of designation as a district of |
|
|
innovation may be initiated by: |
|
|
(1) a resolution adopted by the board of trustees of |
|
|
the district; or |
|
|
(2) a petition signed by a majority of the members of |
|
|
the district-level committee established under Section 11.251. |
|
|
Sec. 12A.052. PUBLIC HEARING. (a) Promptly after adopting |
|
|
a resolution under Section 12A.051(b)(1) or receiving a petition |
|
|
under Section 12A.051(b)(2), the board of trustees shall hold a |
|
|
public hearing to consider whether the district should develop a |
|
|
local innovation plan for the designation of the district as a |
|
|
district of innovation. |
|
|
(b) At the conclusion of the public hearing or as soon as |
|
|
possible after conclusion of the public hearing, the board of |
|
|
trustees may: |
|
|
(1) decline to pursue designation of the district as a |
|
|
district of innovation; or |
|
|
(2) appoint a committee to develop a local innovation |
|
|
plan in accordance with Section 12A.053. |
|
|
Sec. 12A.053. LOCAL INNOVATION PLAN. (a) A local |
|
|
innovation plan must be developed for a school district before the |
|
|
district may be designated as a district of innovation. |
|
|
(b) A local innovation plan must: |
|
|
(1) provide for a comprehensive educational program |
|
|
for the district, which program may include: |
|
|
(A) innovative curriculum, instructional |
|
|
methods, and provisions regarding community participation, campus |
|
|
governance, and parental involvement; |
|
|
(B) modifications to the school day or year; |
|
|
(C) provisions regarding the district budget and |
|
|
sustainable program funding; |
|
|
(D) accountability and assessment measures that |
|
|
exceed the requirements of state and federal law; and |
|
|
(E) any other innovations prescribed by the board |
|
|
of trustees; and |
|
|
(2) identify requirements imposed by this code that |
|
|
inhibit the goals of the plan and from which the district should be |
|
|
exempted on adoption of the plan, subject to Section 12A.054. |
|
|
Sec. 12A.054. LIMITATION OF PERMISSIBLE EXEMPTIONS. (a) A |
|
|
local innovation plan may not provide for the exemption of a |
|
|
district designated as a district of innovation from the following |
|
|
provisions of this title: |
|
|
(1) a state or federal requirement applicable to an |
|
|
open-enrollment charter school operating under Subchapter D, |
|
|
Chapter 12; |
|
|
(2) Subchapters A, C, D, and E, Chapter 11, except that |
|
|
a district may be exempt from Sections 11.1511(b)(5) and (14) and |
|
|
Section 11.162; |
|
|
(3) state curriculum and graduation requirements |
|
|
adopted under Chapter 28; and |
|
|
(4) academic and financial accountability and |
|
|
sanctions under Chapter 39. |
|
|
(b) The commissioner shall: |
|
|
(1) maintain a list of provisions of this title from |
|
|
which school districts designated as districts of innovation are |
|
|
exempt under this subchapter; and |
|
|
(2) notify the legislature of each provision from |
|
|
which districts enrolling a majority of students in this state are |
|
|
exempt. |
|
|
Sec. 12A.055. ADOPTION OF LOCAL INNOVATION PLAN; |
|
|
COMMISSIONER APPROVAL. (a) The board of trustees may not vote on |
|
|
adoption of a proposed local innovation plan unless: |
|
|
(1) the final version of the proposed plan has been |
|
|
available on the district's Internet website for at least 30 days; |
|
|
(2) the board of trustees has notified the |
|
|
commissioner of the board's intention to vote on adoption of the |
|
|
proposed plan; and |
|
|
(3) the district-level committee established under |
|
|
Section 11.251 has held a public meeting to consider the final |
|
|
version of the proposed plan and has approved the plan by a majority |
|
|
vote of the committee members, provided that the meeting required |
|
|
by this subdivision may occur immediately before and on the same |
|
|
date as the meeting at which the board intends to vote on adoption |
|
|
of the proposed plan. |
|
|
(b) A board of trustees may adopt a proposed local |
|
|
innovation plan by an affirmative vote of two-thirds of the |
|
|
membership of the board. |
|
|
(c) On adoption of a proposed local innovation plan, the |
|
|
board of trustees shall submit the plan to the commissioner for |
|
|
approval. |
|
|
(d) On approval by the commissioner of a local innovation |
|
|
plan submitted under Subsection (c): |
|
|
(1) the district is designated as a district of |
|
|
innovation under this subchapter for the term specified in the |
|
|
plan, subject to Section 12A.056; |
|
|
(2) the district shall begin operation in accordance |
|
|
with the plan; and |
|
|
(3) the district is exempt from state requirements |
|
|
identified under Section 12A.053(b)(2). |
|
|
(e) A district's exemption described by Subsection (d)(3) |
|
|
includes any subsequent amendment or redesignation of an identified |
|
|
state requirement, unless the subsequent amendment or |
|
|
redesignation specifically applies to a district of innovation. |
|
|
(f) A decision by the commissioner under this section is |
|
|
final and may not be appealed. |
|
|
Sec. 12A.056. TERM. The term of a district's designation as |
|
|
a district of innovation may not exceed five years. |
|
|
Sec. 12A.057. AMENDMENT, RESCISSION, OR RENEWAL OF LOCAL |
|
|
INNOVATION PLAN. (a) Subject to approval by the commissioner, a |
|
|
local innovation plan may be amended, rescinded, or renewed if the |
|
|
action is approved by a vote of the district-level committee |
|
|
established under Section 11.251, or a comparable committee if the |
|
|
district is exempt from that section, and the board of trustees in |
|
|
the same manner as required for initial adoption of a local |
|
|
innovation plan under Section 12A.055. |
|
|
(b) A decision by the commissioner under this section is |
|
|
final and may not be appealed. |
|
|
Sec. 12A.058. TERMINATION BY COMMISSIONER. (a) The |
|
|
commissioner may terminate a district's designation as a district |
|
|
of innovation if the district receives for two consecutive school |
|
|
years: |
|
|
(1) an unacceptable academic performance rating under |
|
|
Section 39.054; |
|
|
(2) an unacceptable financial accountability rating |
|
|
under Section 39.082; or |
|
|
(3) an unacceptable academic performance rating under |
|
|
Section 39.054 for one of the school years and an unacceptable |
|
|
financial accountability rating under Section 39.082 for the other |
|
|
school year. |
|
|
(b) Instead of terminating a district's designation as |
|
|
authorized by Subsection (a), the commissioner may permit the |
|
|
district to amend the district's local innovation plan to address |
|
|
concerns specified by the commissioner. |
|
|
(c) The commissioner shall terminate a district's |
|
|
designation as a district of innovation if the district receives |
|
|
for three consecutive school years: |
|
|
(1) an unacceptable academic performance rating under |
|
|
Section 39.054; |
|
|
(2) an unacceptable financial accountability rating |
|
|
under Section 39.082; or |
|
|
(3) any combination of one or more unacceptable |
|
|
ratings under Subdivision (1) and one or more unacceptable ratings |
|
|
under Subdivision (2). |
|
|
(d) A decision by the commissioner under this section is |
|
|
final and may not be appealed. |
|
|
Sec. 12A.059. COMMISSIONER RULEMAKING. The commissioner |
|
|
may adopt rules to implement this subchapter. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |