Bill Text: TX HB1942 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the adult high school charter school program.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-10 - Laid on the table subject to call [HB1942 Detail]
Download: Texas-2021-HB1942-Comm_Sub.html
87R17890 KJE-F | |||
By: VanDeaver, Bernal | H.B. No. 1942 | ||
Substitute the following for H.B. No. 1942: | |||
By: Dutton | C.S.H.B. No. 1942 |
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relating to the adult high school charter school program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 12, Education Code, is amended by adding | ||
Subchapter G, and a heading is added to that subchapter to read as | ||
follows: | ||
SUBCHAPTER G. ADULT HIGH SCHOOL CHARTER SCHOOL PROGRAM | ||
SECTION 2. Section 29.259(a), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.251, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.251. DEFINITIONS. [ |
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(1) "Adult [ |
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services and instruction provided below the college level for | ||
adults by a nonprofit entity granted a charter under this | ||
subchapter [ |
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(2) "Program," unless the context indicates | ||
otherwise, means the adult high school charter school program under | ||
this subchapter. | ||
SECTION 3. Section 29.259(n), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.252, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.252. APPLICABILITY OF CERTAIN PROVISIONS. (a) The | ||
provisions of this chapter relating to charter schools do not apply | ||
to an adult education program operated under a charter granted | ||
under this subchapter except as otherwise provided by this | ||
subchapter or by commissioner rule. | ||
(b) [ |
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charter granted under this subchapter [ |
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(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary as determined by the | ||
commissioner to monitor compliance with this subchapter [ |
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and, as applicable, Subchapter D[ |
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(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) high school graduation requirements under | ||
Section 28.025, to the extent applicable to a program participant; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) health and safety under Chapter 38; | ||
(G) the requirement under Section 21.006 to | ||
report an educator's misconduct; and | ||
(H) the right of an employee to report a crime, as | ||
provided by Section 37.148. | ||
SECTION 4. Section 29.259(b), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.253, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.253. PURPOSE. [ |
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[ |
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under former Section 29.259 and provided by this subchapter, is to | ||
meet [ |
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sufficiently trained workforce within the state and strengthen the | ||
economic and educational prosperity of the state. | ||
SECTION 5. Subchapter G, Chapter 12, Education Code, as | ||
added by this Act, is amended by adding Section 12.254 to read as | ||
follows: | ||
Sec. 12.254. ADVISORY COMMITTEE. (a) An advisory | ||
committee is established to make recommendations to the | ||
commissioner regarding: | ||
(1) the secondary exit-level assessment tool adopted | ||
or developed under Section 12.260 and the satisfactory performance | ||
level for that tool; and | ||
(2) the accountability frameworks adopted under | ||
Section 12.262, including the performance domains and measures in | ||
each framework. | ||
(b) The advisory committee is composed of seven members | ||
appointed as follows: | ||
(1) one member appointed by the governor; | ||
(2) one member appointed by the lieutenant governor; | ||
(3) one member appointed by the speaker of the house of | ||
representatives; | ||
(4) one member appointed by the commissioner; | ||
(5) one member appointed by the executive director of | ||
the Texas Workforce Commission; | ||
(6) one member appointed by the commissioner of higher | ||
education; and | ||
(7) the superintendent of the charter school operating | ||
under the charter granted under former Section 29.259. | ||
(c) Each member appointed to the advisory committee must | ||
have experience or expertise in adult or workforce education. | ||
(d) Members of the advisory committee serve at the pleasure | ||
of the appointing official. | ||
(e) The governor shall designate a member of the advisory | ||
committee as presiding officer to serve in that capacity at the | ||
pleasure of the governor. | ||
(f) Members of the advisory committee are not entitled to | ||
compensation but are entitled to reimbursement for actual and | ||
necessary expenses incurred in fulfilling committee duties. | ||
(g) Staff members of the agency shall provide | ||
administrative support for the advisory committee. | ||
(h) The agency shall provide funding for any administrative | ||
and operational expenses of the advisory committee. | ||
SECTION 6. Section 29.259(d), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.255, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.255. AUTHORIZATION FOR CHARTER. (a) [ |
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Notwithstanding any other law and in addition to the number of | ||
charters allowed under Subchapter D, [ |
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may, subject to Subsection (c) and on the basis of an application | ||
submitted, grant a charter under the program to a [ |
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nonprofit entity described by Section 12.256 [ |
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provide an adult education program for individuals described by | ||
Section 12.258 [ |
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(1) a high school program that can lead to a diploma; | ||
and | ||
(2) career and technology education courses that can | ||
lead to industry certification. | ||
(b) A nonprofit entity, other than the nonprofit entity | ||
granted a charter under former Section 29.259, is not entitled to an | ||
automatic grant of a charter under this subchapter on the basis that | ||
the entity holds a charter or operates a charter school under | ||
another provision of this chapter. | ||
(c) Subject to Subsection (d), the commissioner may not | ||
grant more than two charters in a calendar year or more than six | ||
charters total under this subchapter. In granting charters, the | ||
commissioner may not grant: | ||
(1) a charter before September 1, 2023; or | ||
(2) a total of more than: | ||
(A) two charters before September 1, 2024; or | ||
(B) four charters before September 1, 2026. | ||
(d) A charter granted under former Section 29.259 may not be | ||
counted toward the limit under Subsection (c). | ||
(e) A nonprofit entity granted a charter under the program | ||
may not enroll more than 350 students in an adult education program | ||
operated under that charter during the first two years after the | ||
charter is granted. This subsection does not apply to a charter | ||
granted under former Section 29.259, regardless of whether that | ||
charter is transferred to another nonprofit entity as provided by | ||
law. | ||
SECTION 7. Section 29.259(e), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.256, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.256. CHARTER HOLDER QUALIFICATIONS. [ |
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nonprofit entity may be granted a charter under this subchapter | ||
[ |
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[ |
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services, including industry certifications and job placement | ||
services, to adults 18 years of age and older whose educational and | ||
training opportunities have been limited by educational | ||
disadvantages, disabilities, homelessness, criminal history, or | ||
similar marginalizing circumstances[ |
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[ |
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SECTION 8. Sections 29.259(h) and (i), Education Code, are | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.257, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.257. APPLICATION; CHARTER CONTENT. (a) A [ |
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nonprofit entity must include in its charter application the | ||
information required by Subsection (b) [ |
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(b) [ |
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must: | ||
(1) include a description of the adult education | ||
program to be offered under this subchapter [ |
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(2) establish specific, objective standards for | ||
receiving a high school diploma, including: | ||
(A) successful completion of: | ||
(i) if applicable to the program | ||
participant, the curriculum requirements under Section 28.025; or | ||
(ii) the appropriate curriculum | ||
requirements applicable to the program participant; and | ||
(B) satisfactory performance on the standardized | ||
secondary exit-level assessment instrument described by Section | ||
12.260 [ |
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SECTION 9. Sections 29.259(g) and (g-1), Education Code, | ||
are transferred to Subchapter G, Chapter 12, Education Code, as | ||
added by this Act, redesignated as Section 12.258, Education Code, | ||
and amended to read as follows: | ||
Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION. (a) [ |
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person who is at least 18 years of age and not more than 50 years of | ||
age is eligible to enroll in an [ |
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operated under a charter granted under this subchapter [ |
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the person: | ||
(1) has failed to complete the curriculum requirements | ||
for high school graduation; or | ||
(2) has failed to perform satisfactorily on an | ||
assessment instrument required for high school graduation. | ||
(b) [ |
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education program operated under a charter granted under this | ||
subchapter [ |
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to a person who has not earned a high school equivalency | ||
certificate. | ||
SECTION 10. Section 29.259(i-1), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.259, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.259. ADULT EDUCATION PROGRAM. (a) An [ |
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adult education program operated under a charter granted [ |
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under this subchapter [ |
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(1) use an instructional model in which a significant | ||
portion [ |
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commissioner, is delivered [ |
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(2) provide access to: | ||
(A) career and technical education courses that | ||
lead to an industry certification; | ||
(B) career readiness training; | ||
(C) postsecondary counseling; and | ||
(D) job-placement services; and | ||
(3) provide support services to students, including: | ||
(A) child care at no cost to students; | ||
(B) life coaching services, at a ratio not to | ||
exceed one life coach for every 100 students, that use strategic and | ||
holistic interventions designed to facilitate graduation planning | ||
and assist students in overcoming life obstacles to achieve | ||
academic and career goals; | ||
(C) mental health counseling; [ |
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(D) for students with identified disabilities or | ||
impairments, instructional support services; and | ||
(E) transportation assistance. | ||
SECTION 11. Section 29.259(f), Education Code, is | ||
transferred to Section 12.259, Education Code, as added by this | ||
Act, redesignated as Subsection (b) of that section, and amended to | ||
read as follows: | ||
(b) [ |
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subchapter [ |
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provider or organization approved by the Texas Workforce Commission | ||
to provide career and technology courses that lead to industry | ||
certification through an adult education program described by | ||
Subsection (a). | ||
SECTION 12. Section 29.259(c), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.260, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.260. ASSESSMENT INSTRUMENT. (a) [ |
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in cooperation with the advisory committee established under | ||
Section 12.254, shall adopt or develop and administer a | ||
standardized secondary exit-level assessment instrument | ||
appropriate for assessing [ |
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who successfully complete high school curriculum requirements | ||
under an adult education [ |
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granted [ |
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(b) The commissioner, in cooperation with the advisory | ||
committee established under Section 12.254, shall determine the | ||
level of performance considered to be satisfactory on the secondary | ||
exit-level assessment instrument adopted under Subsection (a) for | ||
receipt of a high school diploma by a [ |
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participant in an adult education [ |
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charter granted [ |
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(c) For a school year before the 2025-2026 school year, the | ||
agency shall adopt and administer the Algebra I, English II, and | ||
biology end-of-course assessment instruments adopted under Section | ||
39.023(c) as the secondary exit-level assessment instrument | ||
required under this section. The level of performance considered to | ||
be satisfactory on those assessment instruments for purposes of | ||
this subsection is the level of performance adopted under 19 T.A.C. | ||
Section 101.4003(a), as that rule existed on January 1, 2021. This | ||
subsection expires September 1, 2025. | ||
SECTION 13. Section 29.259(i-2), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.261, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.261. EXPANSION AMENDMENT. (a) Not [ |
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nonprofit entity granted a charter under this subchapter [ |
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must submit any request for approval of an expansion amendment | ||
intended to take effect the next school year. | ||
(b) An [ |
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(a) is considered approved if the commissioner does not provide | ||
written notice to the nonprofit entity of the disapproval of the | ||
expansion amendment on or before August 1. | ||
SECTION 14. Sections 29.259(o) and (p), Education Code, are | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.262, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.262. ACCOUNTABILITY; REVOCATION OF CHARTER. (a) | ||
[ |
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established under Section 12.254, shall develop and adopt an | ||
accountability framework [ |
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[ |
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adult education [ |
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granted under this subchapter [ |
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(b) The commissioner shall include in the accountability | ||
framework [ |
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[ |
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(1) academic growth; | ||
(2) career readiness; | ||
(3) one-year post-graduation and longitudinal | ||
postsecondary outcomes; | ||
(4) longitudinal wage and career growth; and | ||
(5) operational performance. | ||
(b-1) For a school year before the 2024-2025 school year, | ||
the accountability framework adopted under Subsection (a) shall | ||
include the following performance measures [ |
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(1) the percentage of program participants who | ||
performed satisfactorily on the standardized secondary exit-level | ||
assessment instrument described by Section 12.260(c) [ |
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(2) the percentage of program participants who | ||
successfully completed the adult education [ |
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and earned a high school diploma; | ||
(3) the percentage of program participants who | ||
successfully completed career and technology education courses and | ||
obtained industry certification within six months after completing | ||
the adult education program; | ||
(4) the percentage of program participants who have | ||
enrolled in an institution of higher education or private or | ||
independent institution of higher education, as those terms are | ||
defined under Section 61.003, within six months after completing | ||
the adult education program; and | ||
(5) operational performance as measured under the | ||
performance frameworks adopted under Section 12.1181 [ |
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(c) The commissioner shall adopt a separate accountability | ||
framework for an adult education program located in a correctional | ||
facility, as that term is defined by Section 1.07, Penal Code. | ||
(c-1) For a school year before the 2024-2025 school year, | ||
the accountability framework adopted under Subsection (c) shall | ||
include the following performance measures: | ||
(1) the percentage of program participants who | ||
performed satisfactorily on the standardized secondary exit-level | ||
assessment instrument described by Section 12.260(c); and | ||
(2) the percentage of program participants who | ||
successfully completed the adult education program and earned a | ||
high school diploma. | ||
(c-2) Subsections (b-1) and (c-1) and this subsection | ||
expire September 1, 2024. | ||
(d) [ |
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performance of an adult education [ |
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under a charter granted under this subchapter [ |
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the applicable accountability framework [ |
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adopted under this section [ |
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(e) The commissioner may revoke a charter to operate an | ||
adult education program granted under this subchapter if the | ||
charter's adult education program fails to meet the minimum | ||
performance standards established by commissioner rule on the | ||
applicable accountability framework adopted under this section for | ||
three consecutive school years after the first year of operation. | ||
(f) The commissioner, in cooperation with the advisory | ||
committee established under Section 12.254, shall review and, if | ||
necessary, revise each accountability framework adopted under this | ||
section at least once every three years. | ||
SECTION 15. Sections 29.259(j) and (k), Education Code, are | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.263, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) Except | ||
as otherwise provided by this section, funding [ |
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adult education program operated under a charter granted under this | ||
subchapter [ |
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[ |
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[ |
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Foundation School Program equal to the amount of state funding per | ||
student in weighted average daily attendance that would be | ||
allocated under the Foundation School Program for the student's | ||
attendance at an open-enrollment charter school in accordance with | ||
Section 12.106. | ||
(a-1) Notwithstanding any other provision of this section, | ||
for a school year before the 2023-2024 school year, funding for an | ||
adult education program operated under this subchapter shall be | ||
provided in the manner in which funding was provided for the adult | ||
education program operated under former Section 29.259 for the | ||
2020-2021 school year in accordance with the average daily | ||
attendance hold harmless provisions and guidance regarding remote | ||
instruction implemented by the agency for that school year. This | ||
subsection expires September 1, 2023. | ||
(b) For purposes of determining the average daily | ||
attendance of an adult education program operated under a charter | ||
granted under this subchapter, a student is considered to be in | ||
average daily attendance, with a 100 percent attendance rate, for: | ||
(1) all of the instructional days of the school year, | ||
if the student is enrolled for at least 75 percent of the school | ||
year; | ||
(2) half of the instructional days of the school year, | ||
if the student is enrolled for at least 50 percent but less than 75 | ||
percent of the school year; | ||
(3) a quarter of the instructional days of the school | ||
year, if the student is enrolled for at least 25 percent but less | ||
than 50 percent of the school year; or | ||
(4) one-tenth of the instructional days of the school | ||
year, if the student is enrolled for at least 10 percent but less | ||
than 25 percent of the school year. | ||
(c) A student enrolled in an adult education program | ||
operated under a charter granted under this subchapter for less | ||
than 10 percent of a school year may not be counted toward the adult | ||
education program's average daily attendance for that school year. | ||
(d) For purposes of the compensatory education allotment | ||
under Section 48.104, the commissioner shall: | ||
(1) permit an adult education program operated under a | ||
charter granted under this subchapter to give a final report at the | ||
end of each school year of students who were enrolled in the adult | ||
education program at any time during that school year and who | ||
qualify for that allotment; and | ||
(2) provide the allotment for each student reported | ||
under Subdivision (1) in an amount proportional to the duration of | ||
the student's enrollment in the adult education program. | ||
(e) For purposes of the college, career, or military | ||
readiness outcomes bonus under Section 48.110, notwithstanding | ||
Subsection (f) of that section, an annual graduate of an adult | ||
education program operated under a charter granted under this | ||
subchapter demonstrates career readiness by earning an | ||
industry-accepted certificate not later than six months after | ||
completing the program. | ||
(f) In addition to funding provided under Subsection (a), a | ||
nonprofit entity granted a charter under this subchapter is | ||
entitled to receive for the adult education program an annual | ||
allotment, provided in accordance with a schedule established by | ||
commissioner rule, equal to the maximum basic allotment under | ||
Section 48.051(a) or (b) multiplied by: | ||
(1) for each credit earned by a student enrolled in the | ||
adult education program during the preceding school year: | ||
(A) 0.01 for a course other than a career and | ||
technology education course; and | ||
(B) 0.02 for a career and technology education | ||
course; and | ||
(2) 0.1 for each student who successfully completed | ||
the adult education program and earned a high school diploma during | ||
the preceding school year. | ||
(g) [ |
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under this section were funds under Subchapter D[ |
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SECTION 16. Section 29.259(r), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.264, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. [ |
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commissioner or an adult education program operated under a charter | ||
granted under this subchapter [ |
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or donations from any public or private source to be used for | ||
purposes of this subchapter [ |
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SECTION 17. Section 29.259(m), Education Code, is | ||
transferred to Subchapter G, Chapter 12, Education Code, as added | ||
by this Act, redesignated as Section 12.265, Education Code, and | ||
amended to read as follows: | ||
Sec. 12.265. RULES. (a) [ |
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rules necessary to administer the program under this subchapter, | ||
including rules to implement and administer: | ||
(1) the reporting requirements under Section | ||
12.252(b)(2)(A); and | ||
(2) the evaluation provisions under Section 12.262 | ||
[ |
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(b) In adopting rules, the commissioner may modify charter | ||
school requirements only to the extent necessary for the | ||
administration of a charter school under this subchapter [ |
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that provides for adult education. | ||
SECTION 18. Section 12.137(a), Education Code, is amended | ||
to read as follows: | ||
(a) This section applies only to: | ||
(1) an open-enrollment charter school designated as a | ||
dropout recovery school as described by Section 12.1141(c) if the | ||
enrollment of the school consists only of students 17 years of age | ||
and older; and | ||
(2) an adult education program provided under the | ||
adult [ |
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school program under Subchapter G [ |
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SECTION 19. Section 29.081(d), Education Code, as amended | ||
by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), | ||
Acts of the 86th Legislature, Regular Session, 2019, is reenacted | ||
and amended to read as follows: | ||
(d) For purposes of this section, "student at risk of | ||
dropping out of school" includes each student who: | ||
(1) is under 26 years of age and who: | ||
(A) was not advanced from one grade level to the | ||
next for one or more school years; | ||
(B) if the student is in grade 7, 8, 9, 10, 11, or | ||
12, did not maintain an average equivalent to 70 on a scale of 100 in | ||
two or more subjects in the foundation curriculum during a semester | ||
in the preceding or current school year or is not maintaining such | ||
an average in two or more subjects in the foundation curriculum in | ||
the current semester; | ||
(C) did not perform satisfactorily on an | ||
assessment instrument administered to the student under Subchapter | ||
B, Chapter 39, and who has not in the previous or current school | ||
year subsequently performed on that instrument or another | ||
appropriate instrument at a level equal to at least 110 percent of | ||
the level of satisfactory performance on that instrument; | ||
(D) if the student is in prekindergarten, | ||
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on | ||
a readiness test or assessment instrument administered during the | ||
current school year; | ||
(E) is pregnant or is a parent; | ||
(F) has been placed in an alternative education | ||
program in accordance with Section 37.006 during the preceding or | ||
current school year; | ||
(G) has been expelled in accordance with Section | ||
37.007 during the preceding or current school year; | ||
(H) is currently on parole, probation, deferred | ||
prosecution, or other conditional release; | ||
(I) was previously reported through the Public | ||
Education Information Management System (PEIMS) to have dropped out | ||
of school; | ||
(J) is a student of limited English proficiency, | ||
as defined by Section 29.052; | ||
(K) is in the custody or care of the Department of | ||
Family and Protective Services or has, during the current school | ||
year, been referred to the department by a school official, officer | ||
of the juvenile court, or law enforcement official; | ||
(L) is homeless; | ||
(M) resided in the preceding school year or | ||
resides in the current school year in a residential placement | ||
facility in the district, including a detention facility, substance | ||
abuse treatment facility, emergency shelter, psychiatric hospital, | ||
halfway house, cottage home operation, specialized child-care | ||
home, or general residential operation; or | ||
(N) [ |
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or guardian who has been incarcerated, within the lifetime of the | ||
student, in a penal institution as defined by Section 1.07, Penal | ||
Code; or | ||
(2) regardless of the student's age, participates in | ||
an adult education program provided under the adult [ |
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[ |
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Subchapter G, Chapter 12 [ |
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SECTION 20. (a) Effective September 1, 2021, Section | ||
48.003(a), Education Code, is amended to read as follows: | ||
(a) A student is entitled to the benefits of the Foundation | ||
School Program if, on September 1 of the school year, the student: | ||
(1) is 5 years of age or older and under 21 years of age | ||
and has not graduated from high school, or is at least 21 years of | ||
age and under 26 years of age and has been admitted by a school | ||
district to complete the requirements for a high school diploma; or | ||
(2) is at least 18 years of age and under 26 years of | ||
age and is enrolled in an adult education program provided under the | ||
adult high school [ |
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school program under Subchapter G, Chapter 12 [ |
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(b) Effective September 1, 2023, Section 48.003(a), | ||
Education Code, is amended to read as follows: | ||
(a) A student is entitled to the benefits of the Foundation | ||
School Program if, on September 1 of the school year, the student: | ||
(1) is 5 years of age or older and under 21 years of age | ||
and has not graduated from high school, or is at least 21 years of | ||
age and under 26 years of age and has been admitted by a school | ||
district to complete the requirements for a high school diploma; or | ||
(2) is at least 18 years of age and under 50 [ |
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of age and is enrolled in an adult education program provided under | ||
the adult high school [ |
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school program under Subchapter G, Chapter 12 [ |
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SECTION 21. Section 48.005(j), Education Code, is amended | ||
to read as follows: | ||
(j) A district or charter school is eligible to earn full | ||
average daily attendance under Subsection (a) if the district or | ||
school provides at least 43,200 minutes of instructional time to | ||
students enrolled in: | ||
(1) a dropout recovery school or program operating | ||
under Section 12.1141(c) or Section 39.0548; | ||
(2) an alternative education program operating under | ||
Section 37.008; | ||
(3) a school program located at a day treatment | ||
facility, residential treatment facility, psychiatric hospital, or | ||
medical hospital; | ||
(4) a school program offered at a correctional | ||
facility; or | ||
(5) a school operating under Subchapter G, Chapter 12 | ||
[ |
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SECTION 22. The following provisions of the Education Code | ||
are repealed: | ||
(1) the section heading to Section 29.259; and | ||
(2) Section 29.259(q). | ||
SECTION 23. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 24. Not later than November 1, 2022, the advisory | ||
committee established under Section 12.254, Education Code, as | ||
added by this Act, shall submit its initial recommendations to the | ||
commissioner of education. | ||
SECTION 25. (a) A charter granted to a nonprofit entity | ||
under former Section 29.259, Education Code, before the effective | ||
date of this Act continues to be valid after the transfer, | ||
redesignation, and amendment of that section as provided by this | ||
Act, until September 1, 2025. The entity must apply for a renewal | ||
of the charter under Subchapter G, Chapter 12, Education Code, as | ||
added by this Act, to continue operating the charter on or after | ||
September 1, 2025. | ||
(b) A nonprofit entity granted a charter under former | ||
Section 29.259, Education Code, may transfer the charter to another | ||
nonprofit entity subject to the approval of the commissioner of | ||
education. Subchapter G, Chapter 12, Education Code, as added by | ||
this Act, applies to a charter transferred under this subsection on | ||
the date of the transfer. | ||
SECTION 26. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 27. Except as otherwise provided by this Act, this | ||
Act takes effect immediately if it receives a vote of two-thirds of | ||
all the members elected to each house, as provided by Section 39, | ||
Article III, Texas Constitution. If this Act does not receive the | ||
vote necessary for immediate effect, this Act takes effect | ||
September 1, 2021. |