PART 2. TEXAS EDUCATION AGENCY
CHAPTER 102. EDUCATIONAL PROGRAMS
SUBCHAPTER JJ. COMMISSIONER'S RULES CONCERNING INNOVATION DISTRICT
The Texas Education Agency adopts amendments to §102.1303 and §102.1313, concerning innovation districts. The amendments are adopted without changes to the proposed text as published in the March 31, 2023 issue of the Texas Register (48 TexReg 1697) and will not be republished. The adopted amendments modify the requirements for renewal of a local innovation plan.
REASONED JUSTIFICATION: Chapter 102, Subchapter JJ, establishes provisions relating to the applicable processes and procedures for innovation districts.
The adopted amendment to §102.1303(a) clarifies that it is the district's final and most recent academic performance rating that must be at least acceptable performance in order to be eligible for designation as an innovation district.
The adopted amendment to §102.1313(a)(3) specifies that the district is not required to notify the commissioner of education of the board's intention to vote on the adoption of the renewal of a local innovation plan.
Adopted new §102.1313(a)(3)(A) requires the district to meet eligibility requirements under §102.1303 in order to be eligible to renew a local innovation plan. Adopted new §102.1313(a)(3)(B) allows a district that chooses to renew its local innovation plan to do so in the six months subsequent to the plan's expiration date to maintain a continuous designation as a district of innovation.
Adopted new §102.1313(a)(3)(B)(i) clarifies that the term of a renewed plan may not begin prior to the date on which it is adopted by the board of trustees unless the plan is adopted as renewed within the six months following its expiration date. Adopted new §102.1313(a)(3)(B)(ii) clarifies that the term of a plan renewed during the six months subsequent to the plan's expiration date begins on the date of expiration of the prior term and may not exceed five years. Adopted new §102.1313(a)(3)(B)(iii) clarifies that any changes made to the plan during the renewal process are not effective prior to the date of adoption of the renewed plan, and adopted new §102.1313(a)(3)(B)(iv) requires the district to indicate the date of adoption next to any changes made to the plan during the renewal process in order to denote the earliest date the changes may take effect. Adopted new §102.1313(a)(3)(B)(v) clarifies that a district whose plan is not renewed during the six months subsequent to the plan's expiration date shall comply with all previously adopted exemptions upon the plan's expiration date and begin the initial adoption process over again in its entirety should the district wish to pursue designation as an innovation district in the future.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began March 31, 2023, and ended May 1, 2023. Following is a summary of the public comment received and the agency response.
Comment: The Texas Classroom Teachers Association (TCTA) commented that it behooves the public to be able to know which districts choose to exempt themselves from sections of the Texas Education Code (TEC) per a locally adopted district of innovation (DOI) plan and asserted that the main mechanisms to do so are by the requirement in TEC, §12A.005, that a district notify the commissioner of the board's intention to vote on the adoption of a proposed plan as well as the requirement in TEC, §12A.0071(b) that a district provide a copy of the current local innovation plan to the agency not later than the 15th day after the date on which the board of trustees takes action to adopt, amend, or renew a plan. TCTA further commented that it objects to the proposed changes to §102.1313(a)(3) in which a board's intention to vote on renewal of a local innovation plan is not required because TCTA believes that the agency will not be able to effectively carry out its statutory duty to ensure that the district sends the adopted renewed plan to the agency for posting on the agency's internet website within 15 days of adopting the renewed plan.
Response: The agency agrees that the public has a vested interest in the actions of their school district and school board. The agency disagrees with the assertion that the main mechanism by which the public is made aware of local actions related to DOI is via a district's notice of its intent to renew a locally adopted plan or the timeline to which the district must adhere when notifying the agency of a DOI plan adoption, amendment, or renewal. The DOI designation is accomplished via a locally adopted plan that receives approval by the TEC, Chapter 11, district-level committee and adoption by a district's elected board of trustees at a public meeting. The plan is also posted for the duration of the designation on the district's website. It is the agency's assertion that it is through the local actions of these bodies and the local web posting by which the public is primarily made aware from which sections of the TEC a district is claiming exemption. As plans are locally adopted, the onus to fulfill the timeline requirement under TEC, §12A.0071(b), lies with the district rather than agency, which does not have the authority to approve or reject plans. Whether or not a district adheres to this requirement does not impede the agency's statutory obligation to post current local innovation plans on its website, which is not required within 15 days but rather "promptly" after which the district's notification is received.
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code, §12A.009, which authorizes the commissioner of education to adopt rules to implement districts of innovation.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §12A.009.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 31, 2023.
TRD-202301991
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: June 20, 2023
Proposal publication date: March 31, 2023
For further information, please call: (512) 475-1497