Bill Text: TX SB1241 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2015-05-23 - Committee report sent to Calendars [SB1241 Detail]
Download: Texas-2015-SB1241-Comm_Sub.html
By: Taylor of Galveston | S.B. No. 1241 | |
(Bohac) | ||
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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. |