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