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A BILL TO BE ENTITLED
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AN ACT
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relating to dropout recovery education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.081, Education Code, is amended by |
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amending Subsections (e), (e-1), (e-2), and (f) and adding |
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Subsections (e-3), (e-4), (e-5), and (e-6) to read as follows: |
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(e) A school district or open-enrollment charter school may |
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use a private or public community-based dropout recovery education |
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program or education management organization to provide |
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alternative education programs for students at risk of dropping out |
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of school. The program may be offered in person at a campus, |
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remotely, or through a hybrid of in-person and remote instruction[: |
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[(1) at a campus; or |
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[(2) through the use of an Internet online program |
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that leads to a high school diploma and prepares the student to |
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enter the workforce]. |
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(e-1) An in-person, [A] campus-based dropout recovery |
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education program must: |
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(1) provide not less than four hours of instructional |
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time per day; |
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(2) employ as teachers only [faculty and |
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administrators] persons certified under Subchapter B, Chapter 21 |
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[with baccalaureate or advanced degrees]; |
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(3) provide at least one instructor for each 28 |
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students; |
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(4) perform satisfactorily according to performance |
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indicators and accountability standards adopted for alternative |
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education programs by the commissioner; and |
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(5) comply with this title and rules adopted under |
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this title except as otherwise provided by this subsection. |
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(e-2) A remote or hybrid [An Internet online] dropout |
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recovery education program must: |
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(1) include as a part of its curriculum credentials, |
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certifications, or other course offerings that relate directly to |
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employment opportunities in the state; |
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(2) employ as teachers only [faculty and |
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administrators] persons certified under Subchapter B, Chapter 21 |
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[with baccalaureate or advanced degrees]; |
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(3) provide an academic coach and local advocate for |
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each student; |
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(4) use an individual learning plan to monitor each |
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student's progress; |
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(5) establish satisfactory requirements for the |
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monthly progress of students according to standards set by the |
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commissioner; |
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(6) provide a monthly report to the student's school |
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district or open-enrollment charter school regarding the student's |
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progress; |
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(7) perform satisfactorily according to performance |
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indicators and accountability standards adopted for alternative |
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education programs by the commissioner; [and] |
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(8) operate an in-person student engagement center at |
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a location suitable for high school students; and |
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(9) comply with this title and rules adopted under |
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this title except as otherwise provided by this subsection. |
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(e-3) A dropout recovery education program under Subsection |
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(e): |
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(1) may be operated only by an entity that is |
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accredited by the agency or a regional accrediting agency; |
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(2) must offer or provide referrals for mental health |
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services to students enrolled in the program; and |
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(3) may not market directly to students enrolled in a |
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traditional education program. |
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(e-4) A school district or open-enrollment charter school |
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may operate one campus-based dropout recovery education program |
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under Subsection (e) for all students in the district or school. |
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(e-5) A school district or open-enrollment charter school |
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administrator or school counselor may refer a student to a dropout |
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recovery education program under Subsection (e) if the |
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administrator or counselor determines that enrollment in the |
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program could prevent the student from dropping out of school. |
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(e-6) Each year, a school district or open-enrollment |
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charter school shall post on the district's or school's Internet |
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website a report on measurable outcomes for each dropout recovery |
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education program under Subsection (e) offered by the district or |
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school. The report must include the percentage of students |
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enrolled in the program during the preceding school year who |
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attained each of the following outcomes: |
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(1) transfer to a traditional education program; |
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(2) successful completion of the program; |
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(3) dual credit; or |
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(4) a credential of value. |
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(f) The commissioner shall include a student who |
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successfully completes a course offered through [students in |
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attendance in] a program under Subsection (e) in the computation of |
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the district's or school's average daily attendance for funding |
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purposes. For a student who successfully completes a remote course |
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offered through the program, the commissioner shall include the |
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student in the computation of the district's or school's average |
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daily attendance with an attendance rate equal to: |
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(1) the district's or school's average attendance rate |
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for students successfully completing a course offered in person |
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under the program; or |
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(2) if the district or school does not offer courses in |
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person under the program, the statewide average attendance rate for |
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students successfully completing a course offered in person under a |
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program under Subsection (e). |
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SECTION 2. Section 39.023, Education Code, is amended by |
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amending Subsection (c-3) and adding Subsection (c-10) to read as |
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follows: |
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(c-3) Except as provided by Subsection (c-7) or (c-10) or as |
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otherwise provided by this subsection, in adopting a schedule for |
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the administration of assessment instruments under this section, |
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the State Board of Education shall ensure that assessment |
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instruments administered under Subsection (a) or (c) are not |
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administered on the first instructional day of a week. On request |
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by a school district or open-enrollment charter school, the |
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commissioner may allow the district or school to administer an |
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assessment instrument required under Subsection (a) or (c) on the |
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first instructional day of a week if administering the assessment |
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instrument on another instructional day would result in a |
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significant administrative burden due to specific local |
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conditions. |
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(c-10) An entity that operates a dropout recovery education |
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program under Section 29.081(e) may administer an assessment |
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instrument under this section on any date selected by the entity |
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that falls within a testing window established, in accordance with |
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Subsection (c-3), for the administration of the assessment |
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instrument. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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