SECTION 102.1309. Prohibited Exemptions

(a) An innovation district may not be exempted from the following sections of the Texas Education Code (TEC) and the rules adopted thereunder:

(1) a state or federal requirement, imposed by statute or rule, applicable to an open-enrollment charter school operating under TEC, Chapter 12, Subchapter D, including, but not limited to, the requirements listed in TEC, §12.104(b), and:

(A) TEC, Chapter 22, Subchapter B;

(B) TEC, Chapter 25, Subchapter A, §§25.001, 25.002, 25.0021, 25.0031, and 25.004;

(C) TEC, Chapter 28, §§28.002, 28.0021, 28.0023, 28.005, 28.0051, 28.006, 28.016, 28.0211, 28.0213, 28.0217, 28.025, 28.0254, 28.02541, 28.0255, 28.0258, 28.0259, and 28.026;

(D) TEC, Chapter 29, Subchapter G;

(E) TEC, Chapter 30, Subchapter A;

(F) TEC, §30.104;

(G) TEC, Chapter 34;

(H) TEC, Chapter 37, §§37.005, 37.006(l), 37.007(e), 37.011, 37.012, 37.013, and 37.020;

(I) TEC, Chapter 39; and

(J) TEC, Chapter 39A.

(2) TEC, Chapter 11, Subchapters A, C, D, and E, except that a district may be exempt from TEC, §11.1511(b)(5) and (14) and §11.162;

(3) TEC, Chapter 12, Subchapter C;

(4) TEC, Chapter 12A;

(5) TEC, Chapter 13;

(6) TEC, Chapter 44, §§44.0011, 44.002, 44.003, 44.004, 44.0041, 44.005, 44.0051, 44.006, 44.007, 44.0071, 44.008, 44.009, 44.011, 44.0312, 44.032, 44.051, 44.052, 44.053, and 44.054;

(7) TEC, Chapter 45, §§45.003, 45.0031, 45.005, 45.105, 45.106, 45.202, and 45.203;

(8) TEC, Chapter 46;

(9) TEC, Chapter 48; and

(10) TEC, Chapter 49.

(b) In addition to the prohibited exemptions specified in subsection (a) of this section, an innovation district may not be exempted from:

(1) a requirement of a grant or other state program in which the district voluntarily participates;

(2) duties that the statute applies to the execution of that power if a district chooses to implement an authorized power that is optional under the terms of the statute;

(3) a requirement of a grant or other state program authorized in the TEC that would otherwise entitle the district to participation in that program; and

(4) requirements imposed by provisions outside the TEC, including requirements under Texas Government Code, Chapter 822.

Source Note: The provisions of this §102.1309 adopted to be effective September 13, 2016, 41 TexReg 7089; amended to be effective January 31, 2018, 43 TexReg 462; amended to be effective January 8, 2020, 45 TexReg 339; amended to be effective October 25, 2022, 47 TexReg 6982