1. HB 1842: Districts of Innovation
Background and Legal Considerations

2. A brief history lesson 1995—Education Code rewritten
Local Control balanced with increased accountability
Charter Schools introduced, including home rule and open enrollment charters
Home Rule charters allow districts to opt out of certain laws and operate more like an OECS
Process is tedious and flexibility is not as broad as that available to DOIs
Home rule districts are subject to class size and teacher certification requirements
Process requires a charter election with at least 25% voter turnout

3. A brief history lesson, con’t
—Open Enrollment Charters take off
Open enrollment: Currently, 187 charters operating with 629 school campuses and nearly 250,000 students enrolled. 130,000 students on a waiting list
Home Rule School Districts: Zero
—Education Code expands, local control decreases

4. A brief history lesson, con’t
2015—HB 1842 passes
Codified at Texas Education Code Ch. 12A
Creates District of Innovation designation, providing an easier path for districts to enjoy the same flexibility as OECS
As of Nov. 2016, 87 districts have begun or completed the DOI process

5. What, exactly, is a DOI?
“District of Innovation” is a designation for a District that has adopted a Local Innovation Plan
Plan is avenue to communicate the district’s intent to the community. Not only includes what is being opted out of, but how the district intends to replace/safeguard/address issues raised by exempting

6. Why is DOI Designation Attractive?
One size does not fit all
Allows each district to innovate based on the needs of the district and its student population
Available to all districts with acceptable performance ratings
Unlike Home Rule charters, no election requirement

7. Process Initiated by Board or District Level Advisory Committee (DLAC)
Board 1) passes resolution to pursue, 2) holds a public hearing, and 3) appoints a committee to develop an innovation plan
Committee develops plan
Plan is posted for at least 30 days, approved by the DLAC, and sent to (but not approved by) the Commissioner
Board must approve by 2/3rds vote
Once approved by the Board, the plan is effective for up to 5 calendar years
Keep the 5 calendar year limit in mind—structure plan so that it doesn’t end mid-year

8. Plan Requirements
A local innovation plan must provide for a comprehensive educational program which may include:
Innovative curriculum and instructional methods
Provisions regarding community participation, campus governance, and parental involvement
Modifications to the school day or year
Accountability and assessment measures exceeding legal requirements
Provisions regarding the district budget and sustainable program funding
A number of these topics don’t require the district to opt out of any law (sustainable funding, innovative instructional methods, community participation acct’y/assessment exceeding legal requirements)
Others do (modifications to school year)

9. What may or may not be exempted?
Texas Education Code Ch. 12A and Commissioner Rules list laws that are binding
Federal and state law applicable to OECS may not be exempted
Only Education Code provisions applicable to districts but not specifically applicable to OECS may be exempted
Districts may not be exempted from applicable state laws found in other Codes, such as Labor, Government, Health and Safety, etc.
Important to note that a number of laws in ED Code apply to entities other than schools. Can’t opt out of laws binding on Commissioner, SBEC, students. Some uncertainty exists

10. Binding laws (not exhaustive)
Accountability (Financial and Academic)
Required Curriculum
Compulsory Attendance
Special Education, Bilingual Education
School Board Elections and Duties
Open Meetings/Open Records
Purchasing
Criminal History Checks/Criminal Laws
Refer to materials.

11. Available Exemptions
Several resources available to help explore options:
TEA “Figure” Checklist
List of Available Opt-Outs
Current DOI Exemptions Chart
TASB DOI Table
These resources provide a look at what other districts are doing, what the commissioner lists as the major areas for exemption. Not all exemptions have been thoroughly explored. TEA is a resource/I am available
Following is a discussion of the top seven exemptions thus far and district’s rationale/support for seeking

12. Examples of Current DOI Exemptions
Uniform School Start/End Date § : A school district may not begin instruction for students before the fourth Monday in August or end before May 15
Districts opting out to balance instructional time in the fall and spring semesters
Some seek to start the school year early for students transitioning into middle or high school
Some seek to end early so students may attend summer dual credit courses
Will this affect the minimum 187 teacher contract days required under a ten month contract spelled out in ?

13. Examples of Current DOI Exemptions
Teacher Certification §21.003: A person may not be employed as a teacher, aide, administrator, etc., without the proper certification
Many districts struggle with finding certified teachers to teach certain courses, such as CTE courses
Opting out of § allows districts to define what areas require certification and to establish standards for hiring qualified individuals from nontraditional backgrounds to teach in specific areas where the exemption is sought
Additionally, (failure to obtain cert.), (field based experience), (presentation and recording of certificates), (parental notification)
Dual credit—hiring community college professors who are not certified

14. Examples of Current DOI Exemptions
Student/Teacher Ratio §25.111/Class Size §21.112: Each district must employ enough certified teachers to maintain a 20:1 student/teacher ratio and must maintain a 22:1 ratio in k-4 classes.
Currently may be waived through TEA process, but some districts feel this is a regulatory burden and wish to retain local control to determine reasonable appropriate class size based on various factors.
requires notice to parents if class size exceeds limit. Currently may be exempted

15. Examples of Current DOI Exemptions
Minimum Minutes of Instruction §25.081/25.082: Sets an instructional day as 420 minutes of instruction or seven hours each day, including intermissions and recesses, with a minimum each year of at least 75,600 minutes.
Districts seek flexibility to define the length of school days. Some seek the ability to lengthen and adjust the school day to allow more time with teachers and more built-in time for professional development.

16. Examples of Current DOI Exemptions
Teacher/Administrator Appraisals § : Districts may use either the system developed by the Commissioner or adopt a local system. The local system for teachers must be developed by the district- and campus- level committees and must include implementation of discipline management and student performance as criteria.
Districts seek local flexibility to define appraisal systems using various district-defined measures.

17. Examples of Current DOI Exemptions
Minimum Attendance for Class Credit or Final Grade §25.092: Known as the “90% Rule,” this law prohibits students from receiving credit in a class if they have not attended for at least 90% of the days the class is offered, regardless of whether the student has mastered the content.
Districts seek the flexibility to accommodate students with legitimate scheduling conflicts by providing innovative methods of instruction and more personalized learning.

18. Examples of Current DOI Exemptions
Campus Behavior Coordinator § : Requires one person at each campus to be designated as a campus behavior coordinator primarily responsible for maintaining student discipline.
Some districts seek more collaborative discipline programs

19. Examples of Current DOI Exemptions
Classroom interruptions
Uniforms
Paperwork reduction
Professional development
Planning periods
Probationary contracts
Mentor eligibility

20. Resources Board Policy Manual TASB DOI Chart
Existing Local Innovation Plans (caveat—not all are created equal)
TEA website/links, including “the Figure”
Texas Education Code
Texas Administrative Code