87R2797 MWC-D
	By: Dutton	H.B. No. 998

	A BILL TO BE ENTITLED
	AN ACT
	relating to the qualifications for designation as a dropout
	recovery school and evaluating the performance of dropout recovery
	schools for purposes of the public school accountability system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 12.1141(c), Education Code, is amended
	to read as follows:
	(c)  At the end of the term of a charter for an
	open-enrollment charter school, if a charter holder submits to the
	commissioner a petition for renewal of the charter and the charter
	does not meet the criteria for expedited renewal under Subsection
	(b) or for expiration under Subsection (d), the commissioner shall
	use the discretionary consideration process.  The commissioner's
	decision under the discretionary consideration process must take
	into consideration the results of annual evaluations under the
	performance frameworks established under Section 12.1181.  The
	renewal of the charter of an open-enrollment charter school that is
	registered under the agency's alternative education accountability
	procedures for evaluation under Chapter 39 shall be considered
	under the discretionary consideration process regardless of the
	performance ratings under Subchapter C, Chapter 39, of the
	open-enrollment charter school or of any campus operating under the
	charter, except that if the charter holder has been assigned a
	financial accountability performance rating under Subchapter D,
	Chapter 39, indicating financial performance that is lower than
	satisfactory for any three of the five preceding school years, the
	commissioner shall allow the charter to expire under Subsection
	(d).  In considering the renewal of the charter of an
	open-enrollment charter school that is registered under the
	agency's alternative education accountability procedures for
	evaluation under Chapter 39, such as a dropout recovery school or a
	school providing education within a residential treatment
	facility, the commissioner shall use academic criteria established
	by commissioner rule that are appropriate to measure the specific
	goals of the school.  The criteria established by the commissioner
	shall recognize growth in student achievement as well as
	educational attainment.  For purposes of this subsection, the
	commissioner shall designate as a dropout recovery school an
	open-enrollment charter school or a campus of an open-enrollment
	charter school:
	(1)  that serves students in grades 9 through 12 and has
	an enrollment of which at least 50 percent of the students are 16
	[17] years of age or older as of September 1 of the school year as
	reported for the fall semester Public Education Information
	Management System (PEIMS) submission; and
	(2)  that meets the eligibility requirements for and is
	registered under alternative education accountability procedures
	adopted by the commissioner.
	SECTION 2.  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 16 [17] years of
	age and older; and
	(2)  an adult education program provided under a high
	school diploma and industry certification charter school program
	under Section 29.259.
	SECTION 3.  (a)  Section 39.0548(a), Education Code, is
	amended to read as follows:
	(a)  For purposes of evaluating performance under Section
	39.053(c), the commissioner shall designate as a dropout recovery
	school a school district or an open-enrollment charter school or a
	campus of a district or of an open-enrollment charter school:
	(1)  that serves students in grades 9 through 12 and has
	an enrollment of which at least 50 percent of the students are 16
	[17] years of age or older as of September 1 of the school year as
	reported for the fall semester Public Education Information
	Management System (PEIMS) submission; and
	(2)  that meets the eligibility requirements for and is
	registered under alternative education accountability procedures
	adopted by the commissioner.
	(b)  Effective September 1, 2023, Section 39.0548, Education
	Code, is amended by amending Subsections (a) and (d) and adding
	Subsections (a-1), (e), and (f) to read as follows:
	(a)  For purposes of evaluating performance under Section
	39.053(c), the commissioner shall designate as a dropout recovery
	school a school district or an open-enrollment charter school or a
	campus of a district or of an open-enrollment charter school:
	(1)  that serves students in grades 9 through 12 and has
	an enrollment of which at least 50 percent of the students are 16
	[17] years of age or older as of September 1 of the school year as
	reported for the fall semester Public Education Information
	Management System (PEIMS) submission; and
	(2)  that [meets the eligibility requirements for and]
	is registered under alternative education accountability
	procedures adopted by the commissioner.
	(a-1)  For purposes of assigning performance ratings under
	Section 39.054, the commissioner shall evaluate a dropout recovery
	school under alternative education accountability procedures
	adopted by the commissioner.
	(d)  For [Notwithstanding Section 39.053(c), for] purposes
	of evaluating a dropout recovery school under the alternative
	education accountability procedures adopted by the commissioner
	[to determine the performance rating of the school under Section
	39.054], only the best result from the primary administration or
	any retake of an assessment instrument administered to a student in
	the school year evaluated may be considered in assigning
	performance ratings for the school under 39.054.
	(e)  To the extent consistent with or permitted by an
	authorized waiver of federal law, the commissioner, for purposes of
	evaluating performance of a dropout recovery school under the
	alternative education accountability procedures adopted by the
	commissioner, shall adopt performance targets for the student
	achievement domain under Section 39.053(c)(1) and the school
	progress domain under Section 39.053(c)(2) that are based on the
	average performance of school districts and campuses registered
	under the alternative education accountability procedures for the
	preceding school year for those respective domains.
	(f)  To the extent consistent with or permitted by an
	authorized waiver of federal law, the commissioner, for purposes of
	evaluating performance of a dropout recovery school under the
	alternative education accountability procedures adopted by the
	commissioner, shall attribute to a dropout recovery school not less
	than a minimum scaled score of 60 for the closing the gaps domain
	under Section 39.053(c)(3).
	SECTION 4.  Sections 12.1141(c) and 12.137(a), Education
	Code, as amended by this Act, and Section 39.0548(a), Education
	Code, as amended by Section 3(a) of this Act, apply beginning with
	the 2021-2022 school year.
	SECTION 5.  (a) Not later than September 1, 2023, the
	commissioner of education shall:
	(1)  obtain any necessary waiver from the application
	of federal law or regulation conflicting with Section 39.0548,
	Education Code, as amended by this Act, effective September 1,
	2023; or
	(2)  receive written notification from the United
	States Department of Education that a waiver is not required for
	Section 39.0548, Education Code, as amended by this Act, effective
	September 1, 2023, to take effect.
	(b)  If the commissioner of education obtains any necessary
	waiver or receives written notification that a waiver is not needed
	as described by Subsection (a) of this section, the commissioner
	shall certify that the commissioner has obtained the waiver or
	received notification that a waiver is not required, as applicable,
	and shall publish notice of that fact in the Texas Register as soon
	as practicable after obtaining the waiver or receiving
	notification.
	SECTION 6.  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.