Becoming a District of Innovation

Under Texas law, a school district’s Board of Trustees can adopt a plan to exempt the district from certain provisions of the Texas Education Code and become a “District of Innovation.” Districts of Innovation (“DOI”) have more flexibility to manage their own affairs apart from ordinary state requirements. For example, a DOI could develop a plan to start school before the mandatory state start date, to increase class sizes beyond the typical limit, or to hire uncertified instructors with industry experience to teach Career and Technology Education courses.

Purpose & Prerequisites:

Districts of Innovation (“DOI”) are exempt from certain sections of the Texas Education Code as provided in a locally adopted innovation plan. A District is eligible to become a DOI only if it receives a “met standard” accountability rating.

Process:

Step #1:
- Board resolution or signed petition from a majority of the district-level advisory committee;
Step #2:
- The Board holds a public hearing to consider whether the district should develop a local innovation plan to become a DOI;
Step #3:
- The Board votes on whether to pursue the DOI designation;
Step #4:
- The Board appoints a local Innovation Plan Committee to write a plan that meets the requirements provided in Texas Education Code § 12A.003;
Step #5:
- The Board posts the final version of the plan on the district’s website for at least 30 days;
Step #6:
- The Board must notify the Commissioner of Education of the Board’s intention to vote on the adoption of the proposed plan;
Step #7:
- The Board holds a public hearing where the district-level chapter 11 committee considers the final version of the proposed plan and approves the plan by a majority vote;
Step #8:
- The Board adopts the local innovation plan by a 2/3 vote;
Step #9:
- The district must notify the Commission of the approval of the plan and of the Texas Education Code exemptions; and
Step #10:
- The District implements the newly adopted local innovation plan.

Common Allowable Exemptions from the Texas Education Code:

Class Size (§§ 25.111, .112, .113, & .114)
Teacher Employment Contracts (§ 21.002)
Teacher Certification (§ 21.003)
School District Teaching Permit (§ 21.005)
Probationary Contracts (§ 21.102)
Exemptions from the State Mandated Appraisal System (§ 21.352 & .3541)
Planning and Prep Time (§ 21.404)
Educator Preparation (§ 25.044)
Minimum Minutes of Instruction (§ 25.081)
First day of Instruction (§ 25.0811)
Last Day of School (§ 25.0812)
Length of School Day (§ 25.082)
School Day Interruptions (§ 25.083)
Minimum Attendance for Class Credit or Final Grade (§ 25.092)

Duration of DOI:

A district receives the designation as a DOI for a term of five years. However, a school district may amend, rescind, or renew the local innovation plan by a majority vote of the district-level chapter 11 committee.

Termination:

The commissioner of education may terminate a school district’s designation as a DOI if a school district is assigned an unacceptable academic performance rating, an unacceptable financial accountability rating, or either for a period of two consecutive school years. If the unacceptable ratings continue for a third consecutive school year, the commissioner of education will terminate the DOI designation.

For more information on the DOI process, join school attorney Becca Bradley for a professional development Flash Class on January 24 from 4:30-5:30 p.m. at ARBH’s office in McKinney. To register, email CLewis@abernathy-law.com.

Other Helpful Resources:

TASB: https://www.tasb.org/Services/Legal-Services/TASB-School-Law-eSource/Governance/Districts-of-Innovation.aspx

TEA: http://tea.texas.gov/Texas_Schools/General_Information/Innovation/Districts_of_Innovation/

The information above is general information and should not be used as specific legal advice. In the event that specific legal advice is required, please call Abernathy, Roeder, Boyd & Hullett, P.C. at (214)-544-4000 or contact one of the following attorneys via email:

Mari: mmcgowan@abernathy-law.com Chad: ctimmons@abernathy-law.com
Lauren: lwood@abernathy-law.com Becca: rbradley@abernathy-law.com
Lucas: lhenry@abernathy-law.com