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RULE §102.1313Amendment, Rescission, or Renewal

(a) A district innovation plan may be amended, rescinded, or renewed if the action is approved by a majority vote of the district-level committee established under Texas Education Code (TEC), §11.251, or a comparable committee if the district is exempt from that section, and a two-thirds majority vote of the board of trustees.

  (1) Amendment. 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.

  (2) Rescission. A district must notify the Texas Education Agency within five business days of rescission and provide a date at which time it will be in compliance with all sections of the TEC, but no later than the start of the following school year.

  (3) Renewal. During renewal, all sections of the plan and exemptions shall be reviewed and the district must follow all components outlined in §102.1307 of this title (relating to Adoption of Local Innovation Plan), except that a district is not required to notify the commissioner of education of the board's intention to vote on the adoption of the proposed plan under §102.1307(a)(2) of this title.

    (A) A district must meet eligibility requirements under §102.1303 of this title (relating to Eligibility) in order to renew an innovation plan.

    (B) In the event that a district fails to renew a plan prior to the expiration of its term, a district may renew the plan in the six months subsequent to the plan's date of expiration in order to maintain a continuous designation as a district of innovation.

      (i) The term of a renewed plan, subject to §102.1311 of this title (relating to Term), may not begin prior to the date on which the board votes to adopt the renewed plan, unless the plan is adopted during the six months subsequent to the plan's date of expiration.

      (ii) If a plan is renewed during the timeline described in this subparagraph, the renewed plan will have a term not to exceed five calendar years, beginning on the date of expiration of the prior term.

      (iii) If a plan is renewed during the timeline described in this subparagraph and changes are made to the plan during the renewal process, those changes will be in effect from the date of adoption of the renewed plan through the expiration date of the renewed plan, unless amended, rescinded, or terminated.

      (iv) If changes are made to the plan during the renewal process, the district shall mark the changes with the date of the vote to renew the plan in order to denote the earliest date those changes may take effect.

      (v) A district whose plan is not renewed during the timeline described in this subparagraph shall comply with all previously adopted exemptions immediately upon expiration of the plan and begin the adoption process over again in its entirety should the district wish to pursue designation as a district of innovation in the future.

(b) The district shall notify the commissioner of any actions taken pursuant to subsection (a) of this section along with the associated TEC exemptions and local approval dates.

Source Note: The provisions of this §102.1313 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective June 20, 2023, 48 TexReg 3225

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