Bill Text: TX SB880 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to authorizing a dropout recovery competency-based educational pilot program provided through a campus or campus program charter or open-enrollment charter school.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Education [SB880 Detail]
Download: Texas-2021-SB880-Introduced.html
87R3419 MLH-F | ||
By: Lucio | S.B. No. 880 |
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relating to authorizing a dropout recovery competency-based | ||
educational pilot program provided through a campus or campus | ||
program charter or open-enrollment charter school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 12, Education Code, is amended by adding | ||
Subchapter F to read as follows: | ||
SUBCHAPTER F. DROPOUT RECOVERY COMPETENCY-BASED EDUCATIONAL | ||
PILOT PROGRAM | ||
Sec. 12.201. DEFINITION. In this subchapter, "program" | ||
means a dropout recovery competency-based educational pilot | ||
program authorized under this subchapter. | ||
Sec. 12.202. PROGRAM AUTHORIZATION. (a) For the purpose of | ||
offering during the 2022-2023 school year a dropout recovery | ||
competency-based educational pilot program to serve eligible | ||
students described by Section 12.203, the commissioner, subject to | ||
Subsection (b), may: | ||
(1) on the basis of an application submitted, grant a | ||
charter to an eligible entity for an open-enrollment charter school | ||
under Subchapter D to provide the program; | ||
(2) authorize an open-enrollment charter school to | ||
provide the program; or | ||
(3) authorize a campus or campus program that has been | ||
granted a charter under Subchapter C to provide the program. | ||
(b) To qualify for authorization under this subchapter, a | ||
program must: | ||
(1) serve students in grades 9 through 12 and have an | ||
enrollment of which at least 50 percent of the students are 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) meet the eligibility requirements for and register | ||
under alternative education accountability procedures adopted by | ||
the commissioner. | ||
Sec. 12.203. ELIGIBLE STUDENT. A student is eligible to | ||
enroll in a program offered under this subchapter if the student is | ||
at least 14 years of age and under 26 years of age on September 1 of | ||
the school year and meets one or more of the following criteria: | ||
(1) the student was reported through the Public | ||
Education Information Management System (PEIMS) or in another state | ||
to have dropped out of school, including a student who has | ||
previously dropped out of school; | ||
(2) the student is a student at risk of dropping out of | ||
school under the circumstances described by Section | ||
29.081(d)(1)(A), (B), (C), (E), or (J); | ||
(3) the student has been placed in a disciplinary | ||
alternative education program under Section 37.006 during the | ||
previous or current school year based on the Public Education | ||
Information Management System (PEIMS) submissions or other | ||
supporting documentation; | ||
(4) the student has been expelled under Section 37.007 | ||
during the previous four school years or the current school year; | ||
(5) the student is currently on parole, probation, | ||
deferred prosecution, deferred adjudication, or other conditional | ||
release; | ||
(6) the student is currently in the custody or care of | ||
the Department of Family and Protective Services or has been | ||
referred to the department during the previous or current school | ||
year by a school official, officer of a juvenile court, or law | ||
enforcement official; | ||
(7) the student has been previously or is currently | ||
homeless as defined by 42 U.S.C. Section 11302 or within the meaning | ||
of the term "homeless children and youths" under 42 U.S.C. Section | ||
11434a, as applicable; | ||
(8) the student resided at any time or currently | ||
resides in a residential care facility, 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; | ||
(9) the student is employed and working for pay at | ||
least 15 hours or more each week to provide individual support or to | ||
support the student's family; | ||
(10) the student is ordered by a court to attend a high | ||
school equivalency certificate program but has not yet earned the | ||
certificate or a high school diploma; | ||
(11) the student has previously been placed on a | ||
personal graduation plan under Section 28.0212 or an intensive | ||
program of instruction under Section 28.0213; or | ||
(12) the student or the parent of or person standing in | ||
parental relation to the student certifies to the school that the | ||
student would benefit from the program to otherwise avoid dropping | ||
out of school due to extenuating family circumstances or | ||
responsibilities, including to provide medical or caregiving | ||
services to a family member or to provide individual support or to | ||
support the student's family. | ||
Sec. 12.204. ELIGIBILITY FOR DIPLOMA. (a) A student | ||
enrolled in a program under this subchapter may earn high school | ||
course credits and receive a high school diploma if the student | ||
successfully completes the curriculum requirements described under | ||
Section 28.025. | ||
(b) The commissioner by rule shall establish the | ||
requirements to demonstrate satisfactory completion of the | ||
program, including: | ||
(1) successful completion of coursework to satisfy | ||
curriculum requirements under the program; and | ||
(2) successful performance on an examination under | ||
Section 28.023 to demonstrate mastery of the curriculum. | ||
Sec. 12.205. OPERATION OF PROGRAM. (a) An entity | ||
authorized to operate a program under this subchapter shall create | ||
an educational calendar and class schedule for the program's | ||
operation that provides for flexibility in class scheduling and | ||
student attendance. The commissioner shall approve reasonable | ||
exceptions to accommodate program scheduling and achieve the | ||
program's purpose. | ||
(b) An entity authorized to operate a program under this | ||
subchapter shall have an audit of the operations of the program, | ||
including the financial operations, conducted at the entity's | ||
expense. The audit must be conducted by an independent certified | ||
public accountant. | ||
(c) For purposes of conducting an audit under this section, | ||
the commissioner by rule shall establish requirements for verifying | ||
course credits earned by program students. | ||
Sec. 12.206. ACCOUNTABILITY. A program under this | ||
subchapter shall be evaluated under Section 39.0548 and as provided | ||
by commissioner rule. | ||
Sec. 12.207. FUNDING. (a) An entity authorized to operate | ||
a program under this subchapter is entitled to receive full state | ||
funding as provided by Section 12.106, provided that, for purposes | ||
of this subchapter, the commissioner shall by rule determine a | ||
method to calculate average daily attendance based on: | ||
(1) a student's successful completion of a number of | ||
courses as determined by commissioner rule; and | ||
(2) a student's hours of contact time with the school. | ||
(b) The method under Subsection (a) must provide for a | ||
proportionate reduction in funding if a student fails to | ||
successfully complete the number of courses determined under | ||
Subsection (a)(1). | ||
(c) An entity authorized to operate a program under this | ||
subchapter may receive additional funds appropriated by the | ||
legislature for: | ||
(1) an intensive program of instruction to the same | ||
extent as a program under Section 28.0213; or | ||
(2) accelerated instruction to the same extent as a | ||
program under Section 28.0217. | ||
Sec. 12.208. PROGRAM REPORTING SYSTEM. (a) The | ||
commissioner by rule shall develop: | ||
(1) a system for each entity authorized to operate a | ||
program under this subchapter to report information relating to the | ||
program as directed by the commissioner; and | ||
(2) to the extent practicable, a monthly funding | ||
schedule. | ||
(b) Before developing the system and schedule under | ||
Subsection (a) and in an effort to best serve the interests and | ||
needs of eligible students under this subchapter, the commissioner | ||
shall solicit input from approved charter schools that currently | ||
operate dropout recovery programs. | ||
Sec. 12.209. RULES; WAIVERS. (a) The commissioner shall | ||
adopt rules necessary to implement and administer this subchapter. | ||
(b) The commissioner may waive any requirement under this | ||
code to facilitate the purposes of this subchapter. | ||
Sec. 12.210. REPORT. Not later than December 1, 2023, the | ||
commissioner shall submit to the legislature a report that: | ||
(1) evaluates the implementation of this subchapter; | ||
and | ||
(2) makes recommendations regarding any legislative | ||
or other action. | ||
Sec. 12.211. EXPIRATION. This subchapter expires December | ||
1, 2023. | ||
SECTION 2. 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 a high school diploma and | ||
industry certification charter school program under Section | ||
29.259. | ||
SECTION 3. This Act applies beginning with the 2022-2023 | ||
school year. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2021. |