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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a dropout recovery competency-based |
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educational program provided through a campus or campus program |
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charter or open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Education Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. DROPOUT RECOVERY COMPETENCY-BASED EDUCATIONAL |
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PROGRAM |
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Sec. 12.201. DEFINITION. In this subchapter, unless the |
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context indicates otherwise, "program" means a dropout recovery |
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competency-based educational program authorized under this |
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subchapter. |
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Sec. 12.202. PROGRAM AUTHORIZATION. (a) A school district |
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or open-enrollment charter school may offer a dropout recovery |
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competency-based educational program to eligible students as |
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provided by this subchapter. |
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(b) A program offered under this subchapter must: |
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(1) serve students in grades 9 through 12 and have an |
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enrollment of which at least 50 percent of the students are 16 years |
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of age or older as of September 1 of the school year as reported for |
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the fall semester Public Education Information Management System |
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(PEIMS) submission; and |
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(2) meet the eligibility requirements for and be |
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registered under alternative education accountability procedures |
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adopted by the commissioner. |
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(c) A dropout recovery competency-based educational program |
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may be offered at a new or existing school district or |
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open-enrollment charter school campus, as a new campus program, or |
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as part of an existing campus program, including a campus or campus |
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program that has been granted a charter under Subchapter C. |
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(d) Notwithstanding any other provision of this code, a |
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nonprofit entity granted a charter under Section 29.259 may |
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transfer the adult education program operated under that charter as |
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a campus to a school district or open-enrollment charter school to |
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be offered as a program under this subchapter, subject to the |
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commissioner's approval. For purposes of this subchapter, an adult |
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education program transferred as a campus under this subsection is |
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a program under this subchapter. |
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Sec. 12.203. ELIGIBLE STUDENT. (a) A student is eligible |
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to enroll in a program offered under this subchapter if the student |
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is at least 14 years of age and under 26 years of age on September 1 |
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of the school year and meets one or more of the following criteria: |
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(1) the student was reported through the Public |
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Education Information Management System (PEIMS) or in another state |
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to have dropped out of school, including a student who has |
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previously dropped out of school; |
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(2) the student is a student at risk of dropping out of |
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school under the circumstances described by Section |
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29.081(d)(1)(A), (B), (C), (E), or (J); |
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(3) the student has been placed in a disciplinary |
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alternative education program under Section 37.006 during the |
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previous or current school year based on the Public Education |
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Information Management System (PEIMS) submissions or other |
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supporting documentation; |
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(4) the student has been expelled under Section 37.007 |
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during the previous four school years or the current school year; |
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(5) the student is currently on parole, probation, |
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deferred prosecution, deferred adjudication, or other conditional |
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release; |
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(6) the student is currently in the custody or care of |
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the Department of Family and Protective Services or has been |
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referred to the department during the previous or current school |
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year by a school official, officer of a juvenile court, or law |
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enforcement official; |
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(7) the student has been previously or is currently |
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homeless as defined by 42 U.S.C. Section 11302 or within the meaning |
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of the term "homeless children and youths" under 42 U.S.C. Section |
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11434a, as applicable; |
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(8) the student resided at any time or currently |
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resides in a residential care facility, including a detention |
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facility, substance abuse treatment facility, emergency shelter, |
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psychiatric hospital, halfway house, cottage home operation, |
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specialized child-care home, or general residential operation; |
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(9) the student is employed and working for pay at |
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least 15 hours or more each week to provide individual support or to |
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support the student's family; |
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(10) the student is ordered by a court to attend a high |
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school equivalency certificate program but has not yet earned the |
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certificate or a high school diploma; |
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(11) the student has previously been placed on a |
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personal graduation plan under Section 28.0212 or an intensive |
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program of instruction under Section 28.0213; or |
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(12) the student or the parent of or person standing in |
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parental relation to the student certifies to the school that the |
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student would benefit from the program to otherwise avoid dropping |
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out of school due to extenuating family circumstances or |
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responsibilities, including to provide medical or caregiving |
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services to a family member or to provide individual support or to |
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support the student's family. |
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(b) A student is eligible to enroll in a program provided |
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under this subchapter if the student is at least 26 years of age and |
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under 50 years of age and meets one of the following criteria: |
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(1) has failed to complete the curriculum requirements |
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for high school graduation; or |
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(2) has failed to perform satisfactorily on an |
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assessment instrument required for high school graduation. |
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(c) Students enrolled in a program under Subsection (b) may |
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not be counted toward the maximum student enrollment described by |
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Section 12.0522 or an open-enrollment charter school's charter, as |
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applicable. |
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Sec. 12.204. ELIGIBILITY FOR DIPLOMA. (a) A student |
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enrolled in a program offered under this subchapter may earn high |
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school course credits and receive a high school diploma if the |
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student successfully completes the curriculum requirements |
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described under Section 28.025. |
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(b) A school district or open-enrollment charter school |
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that operates a program under this subchapter shall establish the |
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procedures and requirements to demonstrate satisfactory completion |
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of the program, including: |
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(1) successful completion of coursework to satisfy |
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curriculum requirements under the program; and |
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(2) successful performance on an examination under |
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Section 28.023 to demonstrate mastery of the curriculum. |
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Sec. 12.205. PROGRAM CALENDAR AND CLASS SCHEDULE. (a) A |
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school district or open-enrollment charter school that offers a |
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program under this subchapter shall create an educational calendar |
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and class schedule for the program's operation that provides for |
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flexibility in class scheduling and student attendance. The |
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commissioner shall approve reasonable exceptions to accommodate |
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program scheduling and achieve the program's purpose. |
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(b) The commissioner may waive any requirement under this |
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code to facilitate the purposes of this subchapter. |
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Sec. 12.206. ACCOUNTABILITY. (a) For purposes of |
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accountability, the commissioner shall evaluate the performance of |
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students enrolled in a program under Section 12.203(a) separately |
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from the performance of students enrolled in a program under |
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Section 12.203(b). |
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(b) The performance of students enrolled in a program under |
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Section 12.203(a) shall be evaluated under Section 39.0548 and as |
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provided by commissioner rule. |
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(c) The performance of students enrolled in a program under |
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Section 12.203(b) shall be evaluated under the performance |
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frameworks adopted under Section 29.259(o). The results of the |
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evaluation may not be considered in determining under Chapter 39 |
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the accreditation status or overall or domain performance ratings |
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of the school district or open-enrollment charter school that |
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offers the program. |
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Sec. 12.207. FUNDING. (a) A school district or |
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open-enrollment charter school that offers a program under this |
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subchapter is entitled to receive funding for students enrolled in |
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the program under Section 12.203(a) as provided by Chapter 48 or |
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Section 12.106, as applicable, except that, for purposes of this |
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subchapter, the commissioner shall calculate average daily |
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attendance for the program as provided by commissioner rule based |
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on: |
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(1) a student's successful completion of a number of |
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courses as determined by commissioner rule; and |
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(2) a student's hours of contact time with the school. |
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(b) The method under Subsection (a) must provide for a |
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proportionate reduction in funding if a student fails to |
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successfully complete the number of courses determined under |
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Subsection (a)(1). |
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(c) A school district or open-enrollment charter school |
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that offers a program under this subchapter may use any available |
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state or local funding, including funding received for a campus or |
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campus program that has been granted a charter under Subchapter C or |
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funding received under Section 12.106, as applicable, to provide |
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the program to students described by Section 12.203(b). |
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(d) A school district or open-enrollment charter school |
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that offers a program under this subchapter may receive additional |
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funds appropriated by the legislature for: |
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(1) an intensive program of instruction to the same |
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extent as a program under Section 28.0213; or |
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(2) accelerated instruction to the same extent as a |
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program under Section 28.0217. |
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SECTION 2. Section 29.081(d), Education Code, as amended by |
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Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), Acts |
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of the 86th Legislature, Regular Session, 2019, is reenacted and |
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amended to read as follows: |
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(d) For purposes of this section, "student at risk of |
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dropping out of school" includes each student who: |
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(1) is under 26 years of age and who: |
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(A) was not advanced from one grade level to the |
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next for one or more school years; |
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(B) if the student is in grade 7, 8, 9, 10, 11, or |
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12, did not maintain an average equivalent to 70 on a scale of 100 in |
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two or more subjects in the foundation curriculum during a semester |
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in the preceding or current school year or is not maintaining such |
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an average in two or more subjects in the foundation curriculum in |
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the current semester; |
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(C) did not perform satisfactorily on an |
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assessment instrument administered to the student under Subchapter |
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B, Chapter 39, and who has not in the previous or current school |
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year subsequently performed on that instrument or another |
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appropriate instrument at a level equal to at least 110 percent of |
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the level of satisfactory performance on that instrument; |
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(D) if the student is in prekindergarten, |
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kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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a readiness test or assessment instrument administered during the |
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current school year; |
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(E) is pregnant or is a parent; |
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(F) has been placed in an alternative education |
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program in accordance with Section 37.006 during the preceding or |
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current school year; |
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(G) has been expelled in accordance with Section |
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37.007 during the preceding or current school year; |
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(H) is currently on parole, probation, deferred |
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prosecution, or other conditional release; |
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(I) was previously reported through the Public |
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Education Information Management System (PEIMS) to have dropped out |
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of school; |
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(J) is a student of limited English proficiency, |
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as defined by Section 29.052; |
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(K) is in the custody or care of the Department of |
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Family and Protective Services or has, during the current school |
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year, been referred to the department by a school official, officer |
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of the juvenile court, or law enforcement official; |
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(L) is homeless; |
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(M) resided in the preceding school year or |
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resides in the current school year in a residential placement |
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facility in the district, including a detention facility, substance |
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abuse treatment facility, emergency shelter, psychiatric hospital, |
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halfway house, cottage home operation, specialized child-care |
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home, or general residential operation; [or] |
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(N) [(14)] has been incarcerated or has a parent |
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or guardian who has been incarcerated, within the lifetime of the |
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student, in a penal institution as defined by Section 1.07, Penal |
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Code; or |
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(O) is enrolled in a school district or |
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open-enrollment charter school, or a campus of a school district or |
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open-enrollment charter school, that is designated as a dropout |
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recovery school under Section 39.0548; or |
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(2) regardless of the student's age, participates in |
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an adult education program provided under a high school diploma and |
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industry certification charter school program under Section |
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29.259. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
|
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section, this Act applies beginning with the 2021-2022 school year. |
|
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(b) Subchapter F, Chapter 12, Education Code, as added by |
|
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this Act, applies beginning with the 2024-2025 school year. |
|
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SECTION 4. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 87th Legislature, Regular Session, 2021, |
|
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relating to nonsubstantive additions to and corrections in enacted |
|
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codes. |
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SECTION 5. This Act takes effect September 1, 2021. |