| (a) The commissioner of education may:
(1) terminate a district's designation as a district
of innovation if, beginning with its ratings in the year of designation,
the district is assigned for two consecutive school years:
(A) a final unacceptable academic performance rating
under the Texas Education Code (TEC), §39.054;
(B) a final unacceptable financial accountability rating
under the TEC, §39.082; or
(C) a final unacceptable academic performance rating
under the TEC, §39.054, for one of the school years and a final
unacceptable financial accountability rating under the TEC, §39.082,
for the other school year;
(2) permit the district to amend the district's local
innovation plan to address concerns specified by the commissioner
in lieu of terminating the designation as described in paragraph (1)
of this subsection; or
(3) terminate a district's designation as a district
of innovation if the district:
(A) fails to comply with the duty to discharge or refuse
to hire certain employees or applicants for employment under the TEC, §12.1059;
(B) fails to comply with the duty to discharge or refuse
to hire certain employees or applicants convicted of certain offenses
under the TEC, §22.085; or
(C) fails to comply with the duty to discharge or refuse
to hire certain employees or applicants not eligible for employment
in public schools under the TEC, §22.092.
(b) The commissioner shall terminate a district's designation
as a district of innovation if, beginning with its ratings in the
year of designation, the district is assigned for three consecutive
school years:
(1) a final unacceptable academic performance rating
under the TEC, §39.054;
(2) a final unacceptable financial accountability rating
under the TEC, §39.082; or
(3) any combination of one or more unacceptable ratings
under paragraph (1) of this subsection and one or more unacceptable
ratings under paragraph (2) of this subsection.
(c) Upon termination of an innovation plan, a district
must return to compliance with all specified areas of the TEC by a
date to be determined by the commissioner.
(d) A decision by the commissioner under this section
is final and may not be appealed.
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