By: Watson S.B. No. 591

A BILL TO BE ENTITLED

AN ACT

relating to an adult education program provided under an adult high school diploma and industry certification charter school program, eligibility of certain students for Foundation School Program benefits, and reporting requirements regarding the dropout status of certain students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 a high school diploma and industry certification charter school [pilot] program under Section 29.259.

SECTION 2. Sections 29.081(d) and (d-1), Education Code, are 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) [(1)] was not advanced from one grade level to the next for one or more school years;

(B) [(2)] 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) [(3)] 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) [(4)] 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) [(5)] is pregnant or is a parent;

(F) [(6)] has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;

(G) [(7)] has been expelled in accordance with Section 37.007 during the preceding or current school year;

(H) [(8)] is currently on parole, probation, deferred prosecution, or other conditional release;

(I) [(9)] was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;

(J) [(10)] is a student of limited English proficiency, as defined by Section 29.052;

(K) [(11)] 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) [(12)] is homeless, as defined by 42 U.S.C. Section 11302, and its subsequent amendments; or

(M) [(13)] 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

(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.

(d-1) Notwithstanding Subsection (d)(1)(A) [(d)(1)], a student is not considered a student at risk of dropping out of school if the student did not advance from prekindergarten or kindergarten to the next grade level only as the result of the request of the student's parent.

SECTION 3. The heading for Section 29.259, Education Code, is amended to read as follows:

Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION CHARTER SCHOOL [PILOT] PROGRAM.

SECTION 4. Section 29.259, Education Code, is amended by amending Subsections (b), (d), (g), (j), and (m) and adding Subsections (g-1) and (i-1) to read as follows:

(b) The commissioner shall establish an adult high school diploma and industry certification charter school [pilot] program as provided by this section as a strategy for meeting industry needs for a sufficiently trained workforce within the state.

(d) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, the commissioner may, on the basis of an application submitted, grant a charter under the [pilot] program to a single nonprofit entity described by Subsection (e) to provide an adult education program for individuals described by Subsection (g) to successfully complete:

(1) a high school program that can lead to a diploma; and

(2) career and technology education courses that can lead to industry certification.

(g) A person who is at least 18 [19] years of age and not more than 50 years of age is eligible to enroll in the adult education program under this section if the person [has not earned a high school equivalency certificate and]:

(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.

(g-1) In admitting students to the adult education program under this section, the nonprofit entity shall give priority to a person who has not earned a high school equivalency certificate.

(i-1) If money is appropriated for a state fiscal year for expansion of the program under this section, not later than June 30 of the state fiscal year in which the appropriation is made, the nonprofit entity granted a charter under this section must submit any request for approval of an expansion amendment. Not later than August 1, the commissioner shall provide written notice to the nonprofit entity of the approval or disapproval of the expansion amendment. If the commissioner does not provide such notice by August 1, the request is considered to be approved.

(j) Funding for an adult education program under this section is [provided based on the following:

[(1) for participants who are 26 years of age and older, an amount per participant from available general revenue funds appropriated for the pilot program equal to the statewide average amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program to an open-enrollment charter school under Section 12.106 were the student under 26 years of age; and

[(2) for participants who are at least 19 years of age and under 26 years of age,] an amount per participant through the 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.

(m) The commissioner shall adopt rules necessary to administer the [pilot] program under this section. In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this section that provides for adult education.

SECTION 5. Section 39.053, Education Code, is amended by adding Subsection (g-4) to read as follows:

(g-4) For purposes of the computation of dropout and completion rates such as high school graduation rates under Subsection (c)(1)(B)(ix), the commissioner shall exclude a student who was reported as having dropped out of school under Section 42.006(a-9), and the student may not be considered to have dropped out from the school district or campus in which the student was last enrolled.

SECTION 6. Section 42.003(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 19 years of age and under 26 years of age and is] enrolled in an adult high school diploma and industry certification charter school [pilot] program under Section 29.259.

SECTION 7. Section 42.006, Education Code, is amended by adding Subsections (a-8) and (a-9) to read as follows:

(a-8) The commissioner by rule shall require each school district and open-enrollment charter school to annually report through the Public Education Information Management System information regarding the number of students who are enrolled in a high school equivalency program, a dropout recovery school, or an adult education program provided under a high school diploma and industry certification charter school program provided by the district or school and who:

(1) are at least 18 years of age and under 26 years of age;

(2) have not previously been reported to the agency as dropouts; and

(3) enroll in the program at the district or school after not attending school for a period of at least nine months.

(a-9) A student reported under Subsection (a-8) as having enrolled in a high school equivalency program, a dropout recovery school, or an adult education program provided under a high school diploma and industry certification charter school program must be reported through the Public Education Information Management System as having previously dropped out of school.

SECTION 8. This Act applies beginning with the 2019-2020 school year.

SECTION 9. 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, 2019.