1. Districts of Innovation: After the Plan
TASA/TASB Convention
October 6-8, 2017
Leslie Story, Lead Attorney, TASB Legal Services
Amy Kadlecek, Policy Consultant, TASB Policy Service
This information is provided for educational purposes only to facilitate a general understanding of the law or other regulatory matter. This information is neither an exhaustive treatment on the subject nor is this intended to substitute for the advice of an attorney or other professional advisor. Consult with your attorney or professional advisor to apply these principles to specific fact situations.

2. Today’s Agenda TASB Resources TASB Policy Manual Support
Structure of the Policy Manual
Popular Exemptions and Policy Codes
Plan Amendment

3. TASB Resources for DOI Planning
District of Innovation Flow Chart
District of Innovation FAQ
Tips for Plan Drafting and Implementation
Districts of Innovation: Policy Guidance for After the Plan
eSource webpage for all DOI resources

4. TASB Policy Manual Support
Policy Service consultants
Legal Services’ attorneys
Policy On Line
Development of local policy

5. Structure of the Policy Manual
(LEGAL) policies
Exemption from policy or statute?
How to note your innovation in policy manual

6. Disclaimer in (LEGAL) Policies

7. Structure of the Policy Manual (continued)
Don’t forget about your (LOCAL) policies.
Explain your exemption in (LOCAL) policy.
Contact your assigned policy consultant.

8. First Step in (LOCAL) Policy Changes:

9. Popular Exemptions and Policy
Teacher Certification
Length of Probationary Contracts
Class size and Student/Teacher Ratio
Calendar Changes (School Year and/or Day)
Attendance For Credit or a Final Grade
Teacher Appraisal
Discipline—Campus Behavior Coordinator
Site Based Decision Making

10. Teacher Certification Exemption

11. Texas Education Code §
A person may not be employed as a teacher , librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by Subchapter B.

12. Teacher Certification
Likely Policy Codes Affected
DBA DK

13. Policy Considerations
Include the basic certification requirement (TEC § )
Clarify which assignments will and will not require certification
Consider local procedure for hiring noncertified staff

16. Length of Probationary Period Exemption

17. Texas Education Code § 21.102(b)
(b) the probationary period may not exceed one year for a person who has been employed as a teacher in public education for at least five of the eight years preceding employment by the district.

18. Length of Probationary Period
Policy Code Affected
DCA

19. Policy Considerations
Limit your exemption to subsection (b)
Memorialize exemption in DCA(LOCAL)
Update other HR documents and regulations

21. Class Size and Teacher/Student Ratio

22. Texas Education Code §
Except as otherwise authorized by this section, a school district may not enroll more than 22 students in a kindergarten, first, second, third, or fourth grade class . . .

23. Class Size and Teacher/Student Ratio
Policy Code Affected:
EEB

24. Policy Considerations
Memorialize exemption in EEB(LOCAL)
Clarify standards for:
Class size
Parental notice
Other administrative procedures

26. Calendar Changes: School Start Date

27. Texas Education Code §
(a) Except as provided by this section, a school district may not begin instruction for students for a school year before the fourth Monday in August . . .

28. Texas Education Code §
(a) Except as provided by Subsection (b), a school district may not schedule the last day of school for students for a school year before May 15.

29. Policy Code Affected EB
Calendar Changes
Policy Code Affected EB

30. Policy Considerations
Clarify if you want exemption from the last day of school restriction as well as the start date
Include alternative start date in policy or state that date will be published

32. Calendar Changes: Length of School Day

33. Texas Education Code §
(a) each school district must operate so that the district provides for at least 75,600 minutes of instruction, including intermissions and recesses, for students.
(e) For purposes of this code, a reference to a day of instruction means 420 minutes of instruction.

34. Texas Education Code § 25.082(a)
(a) A school day shall be at least seven hours each day, including intermissions and recesses.

35. Policy Code Affected EC
Calendar Changes
Policy Code Affected EC

36. Policy Considerations
Exemption from minutes of instruction law does not include exemption from 7-hour day
Use changes to EC(LOCAL) to clarify intent regarding minutes of instruction
Affirmatively state that the district will comply with the 75,600 minute requirement
Include information about the length of district school days in regulations

38. Attendance for Class Credit

39. Texas Education Code §
(a) Except as provided by this section, a student in any grade level from kindergarten through grade 12 may not be given credit or a final grade for a class unless the student is in attendance for at least 90 percent of the days the class is offered.

40. Attendance for Credit or Final Grade
Likely Policy Code Affected
FEC

41. Policy Considerations
Section is the entire reason for FEC(LOCAL)
Reference administrative procedures to determine mastery and awarding of grades

43. Teacher Appraisal

44. Texas Education Code §
(a) In appraising teachers, each school district shall use: (1) the appraisal process and performance criteria developed by the commissioner; or (2) an appraisal process and performance criteria:
(A) developed by the district- and campus-level committees established under Section ;
(B) containing the items described by Sections (a)(1) and (2); and (C) adopted by the board of trustees.

45. Teacher/Principal Appraisal
Likely Policy Codes Affected
DNA
DNB

46. Policy Considerations
District should detail appraisal process in policy or regulations
Avoid use of T-TESS entirely
Exempt from specific elements of T-TESS
Locally-developed appraisal is currently an option under law

49. Student Discipline: Campus Behavior Coordinator

50. Texas Education Code §
(a) A person at each campus must be designated to serve as the campus behavior coordinator. The person designated may be the principal of the campus or any other campus administrator selected by the principal.
(b) The campus behavior coordinator is primarily responsible for maintaining student discipline and the implementation of this subchapter.

51. Student Discipline: Campus Behavior Coordinator
Likely Policy Codes Affected FO
Student Code of Conduct

52. Policy Considerations
Policy language differs depending on local decisions for coordinating campus discipline
Revise district’s student code of conduct as well

54. Site-Based Decision Making

55. Texas Education Code §
(b) The board shall adopt a policy to establish a district- and campus-level planning and decision-making process that will involve the professional staff of the district, parents, and community members in establishing and reviewing the district's and campuses' educational plans, goals, performance objectives, and major classroom instructional programs.

56. Site-Based Decision Making
Likely Policy Codes Affected BQ
BQA
BQB

57. Policy Considerations
Districts can exempt themselves from a variety of SBDM requirements:
Composition of committee
Committee approval of staff development
Entire process
Statutory requirements overlap so check that your exemptions are proper
If exempted from process, policy may contain an alternative process for planning and decision making

59. What next?

60. Policy Service Work with local counsel throughout process.
Contact district’s consultant with clearly defined Innovation Plan.

61. Legal Services DOI resources from TASB Legal TASB Legal Line
Advice before plan adoption
Advice on plan amendment

62. Amending Plans
By a majority vote of the DAC (or comparable committee if district is exempt), a two-thirds majority vote of the board, and notice to TEA.

63. Amending Plans
An amendment to an approved plan does not change the date of the term of designation as an innovation district. Exemptions that were already formally approved are not required to be reviewed plan.

64. Thanks for joining us today!
The information in this presentation may include the intellectual property of third parties.