Amendment to Current Local Innovation Plan

Texas Education Code §37.006 

This amendment to the current District of Innovation Plan would allow exemption to the Texas Education Code §37.006 as it applies to the placement of a student in a disciplinary alternative education program (DAEP) if the student is found to possess, use, sell, give, or deliver to another person an e-cigarette device. Currently, a school administrator may assign a student found with a vape or e-cigarette device 1-3 days of in-school suspension, assignment to a program to address addiction issues, and/or recommend the student for DAEP placement. Passage of this amendment grants administrators the flexibility to work with students within the confines of state law and the District Code of Conduct.  The use of e-cigarettes or vaping that are not controlled substances will receive consequences as outlined in the Code of Conduct. All violations involving controlled substances will receive a DAEP placement as is required by law.  

Amendment approved September 26, 2023 by the Denton ISD Board of Trustees

Texas Education Code $45.205  BDAE (Legal)

Rationale: Under the law, a depository shall serve for a term of two years and until its successor is selected and has qualified. A district and its depository bank may agree to extend the contract for three additional two-year terms. The contract may be modified for each two-year extension if both parties mutually agree to the terms. The contract term and any extension must coincide with the district's fiscal year.

Innovation: TEC Ch. 12A.003(b)(1)(E) any other innovations prescribed by the board of trustees Exemption from this requirement will allow the District to maintain satisfactory working relationships with its depository bank without the need to re-bid for the work at the exact timelines required by law. If the District is satisfied with the service of the depository bank and is getting good rates, requiring the District to re-bid the contract is a waste of resources that can be avoided.

Amendment approved November 15, 2022, by the Denton ISD Board of Trustees

Texas Education Code §21.102(b), §21.211(b). DCA (Legal)

Rationale:

By exempting the District from this law, the District:

• Will have the flexibility of hiring a probationary teacher for a second year to provide for more growth and coaching when the teacher is hired under the 5 of 8 rule.
• will have the flexibility to suspend without pay when under allegation that is covered in Educator Code of Conduct. Any decisions made regarding suspension without pay would be open to appeal through the grievance process.

Innovation:

TEC Ch. 12A.003(b)(1)(E) any other innovations prescribed by the board of trustees Exemption from this requirement will provide campus administrators and hiring officials with the time needed to fully assess and support a teacher before making decisions regarding moving the employee from a probationary contract when that employee has only been with the district one ear. This exemption will also allow the district to make employment and financial decisions that are in the best interest of the district when an employee is alleged to have violated serious provisions of the Educator Code of Ethics or law, including crimes against children. This flexibility from some of the provisions of Chapter 21 of the Education Code will allow the District to approach some employment issues in ways that best meet the needs of the district and take quick action to protect students when necessary.

Amendment approved November 15, 2022, by the Denton ISD Board of Trustees

Texas Education Code §37.105, applies to rejecting unruly guests from campuses and school events. In 2017, the Texas Legislature changed the law on how school administrators can eject unruly guests from school events. This applies to parents and community members, not students. Under the law, the guest must be given a warning before he or she is ejected. Upon ejection, the guest must also be given notice of how he can appeal the ejection. Denton ISD would allow designated staff members the authority to remove parents or visitors whose behavior is deemed inappropriate without warning or written notice.  Read the full education code.

Texas Education Code §37.105. Unauthorized Persons: Refusal of Entry, Ejection, Identification

(a)  A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:

(1)  the person poses a substantial risk of harm to any person; or

(2)  the person behaves in a manner that is inappropriate for a school setting and:

(A)  the administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and

(B)  the person persists in that behavior.
 

Exemption from Texas Education Code §37.105

TEC §37.105 is not included in any of the prohibited exemptions that can be included in a District’s local innovation plan pursuant to TEC §12A.004 or the list of the Commissioner’s prohibited exemptions in the Texas Administrative Code Title 19, Chapter 102, subchapter JJ, Section 102.1309. Therefore, in order to give administrators the opportunity to exercise expediency and authority in ejecting unruly and disruptive guests from school events without warning or written notice, it is proposed that the District of Innovation Plan be amended to exempt the District from requirements in TEC §37.105.

Amendment approved March 29, 2022, by the Denton ISD Board of Trustees

On September 1, 2021, the Denton ISD Educational Improvement Council passed a motion to amend the current Denton ISD District of Innovation Plan by adding American Sign Language as an exception to the certification requirements of Texas Education Code Section 21.003 and 21.044.  This amendment does not technically add an additional exemption to the District of Innovation Plan, it does add an area excepted under these exemptions which was not previously discussed.  Accordingly, the Denton ISD Board of Trustees will consider this proposal at their meeting on November 16, 2021.  New District of Innovation language will include: 

Denton ISD believes school district leadership should decide what is best for its students in determining the candidate best suited to teach certain courses, including American Sign Language, and career and technical education (CTE) courses; science, technology, engineering, and mathematics (STEM) courses; dual credit coursework; etc. By claiming exemption from Sec. 21.044 the district shall have the right to recruit individuals from certain skill sets including individuals with expert knowledge of sign language, trades, industries, and vocations with industry knowledge and real-world experience and consider qualifications based on experience, industry certification, etc. District leadership including principals, CTE administrators, human resource department members, etc. shall determine whether it is in the best interest of its students to certify individuals based on these factors rather than appeal to the Commissioner of Education as stated in Sec. 21.055. Further, the district shall establish local criteria for training and locally certifying individuals rather than adhere strictly to mandates outlined in Sec. 21.053. In doing so, parental notification of “inappropriately certified or uncertified teachers” under Sec. 21.057 would no longer be necessary. Regardless of whether any adjustments or changes are made to the certification laws, Denton ISD believes this issue to be a local decision as opposed to a state mandate. 

UPDATE & RENEWAL: January 11, 2022, by the Denton ISD Board of Trustees

TEC §22.004(i) Group Health Benefits for School Employees states that a school district may not make group health coverage available to its employees pursuant to TEC §22.004(b) after the date a district implements the program of coverages provided under Chapter 1579 of the Texas Insurance Code. The current process allows no flexibility in the design of group health insurance benefits to fit the needs of all district employees. This provision also prohibits the district from procuring group health insurance benefits that may provide better coverages for its employees at a lower cost. This provision does not give the district the flexibility needed to acquire benefits packages that would potentially be more attractive to prospective employees.

AMENDMENT APPROVED: DATE: April 14, 2020, by the Denton ISD Board of Trustees

TEC §22.004 is not included in any of the prohibited exemptions that can be included in a District’s local innovation plan pursuant to TEC §12A.004 or the list of the Commissioner’s prohibited exemptions in the Texas Administrative Code Title 19, Chapter 102, subchapter JJ, Section 102.1309. Therefore, in order to have the option to offer additional benefits options to employees and to increase local control of the group health benefits plan to allow the District to be responsive to employee and community needs, the district proposes that the District of Innovation Plan be amended to exempt the district from the health insurance requirements in TEC §22.004(i).

AMENDMENT APPROVED: DATE: April 14, 2020, by the Denton ISD Board of Trustees