83R8412 PAM-D
 
  By: Duncan, Watson S.B. No. 1142
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an adult high school diploma and industry certification
  charter school pilot program for adults 19 to 50 years of age.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.251(1), Education Code, is amended to
  read as follows:
               (1)  "Adult education" means services and instruction
  provided below the college level for adults by public local
  education agencies, public nonprofit agencies, nonprofit entities
  providing services and instruction as described by Section 29.259,
  or community-based organizations.
         SECTION 2.  Section 29.253, Education Code, is amended to
  read as follows:
         Sec. 29.253.  PROVISION OF ADULT EDUCATION PROGRAMS. Adult
  education programs shall be provided by public school districts,
  public junior colleges, public universities, public nonprofit
  agencies, and community-based organizations approved in accordance
  with state statutes and rules adopted by the State Board of
  Education. A nonprofit entity described by Section 29.259 may also
  provide an adult education program as provided by that section. The
  programs must be designed to meet the education and training needs
  of adults to the extent possible within available public and
  private resources. Bilingual education may be the method of
  instruction for students who do not function satisfactorily in
  English whenever it is appropriate for their optimum development.
         SECTION 3.  Section 29.255, Education Code, is amended to
  read as follows:
         Sec. 29.255.  FUNDING.  (a)  Funds shall be appropriated to
  implement statewide adult basic education, adult bilingual
  education, high school equivalency, and high school credit programs
  to eliminate illiteracy in this state and to implement and support a
  statewide program to meet the total range of adult needs for adult
  education, related skill training, and pilot programs to
  demonstrate the effectiveness of the community education concept.
  The agency shall ensure that public local education agencies,
  public nonprofit agencies, nonprofit entities providing programs
  under Section 29.259, and community-based organizations have
  direct and equitable access to those funds. An additional sum of
  money may be appropriated to the Texas Economic Development and
  Tourism Office [Department of Commerce] for the purpose of skill
  training in direct support of industrial expansion and start-up,
  and those locations, industries, and occupations designated by the
  Texas Economic Development and Tourism Office [Department of
  Commerce], when such training is also in support of the basic
  purposes of this subchapter. To fulfill the basic purposes of this
  subchapter, an additional sum of money may be appropriated for
  skill training that is conducted to support the expansion of
  civilian employment opportunities on United States military
  reservations.
         (b)  The agency, in conjunction with the Texas Economic
  Development and Tourism Office [Department of Commerce], may adopt
  rules to administer skill training programs for which the agency is
  responsible, and the Texas Economic Development and Tourism Office
  [Department of Commerce] may adopt rules to administer skill
  training programs for which it is responsible.
         SECTION 4.  Subchapter H, Chapter 29, Education Code, is
  amended by adding Section 29.259 to read as follows:
         Sec. 29.259.  ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
  CERTIFICATION CHARTER SCHOOL PILOT PROGRAM. (a) 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.
         (b)  Notwithstanding any other law and in addition to the
  number of charters allowed under Subchapter D, Chapter 12, the
  State Board of Education may grant, on the basis of an application
  submitted to the board, a charter under the pilot program to a
  single nonprofit entity described by Subsection (c) to provide an
  adult education program for individuals described by Subsection (d)
  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.
         (c)  A nonprofit entity may be granted a charter under this
  section only if the entity:
               (1)  has a successful history of providing education
  services, including industry certifications and job placement
  services, to adults 18 years of age and older whose educational and
  training opportunities have been limited by educational
  disadvantages, disabilities, homelessness, criminal history, or
  similar circumstances; and
               (2)  agrees to commit at least $1 million to the adult
  education program offered.
         (d)  A nonprofit entity granted a charter under this section
  may partner with a public junior college to provide career and
  technology courses that lead to industry certification.
         (e)  A person who is at least 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.
         (f)  The nonprofit entity must include in its charter
  application the information required by Subsection (g).
         (g)  A charter granted under this section must:
               (1)  include a description of the adult education
  program to be offered under this section; and
               (2)  establish specific, objective standards for
  receiving a high school diploma, including an appropriate
  exit-level assessment method.
         (h)  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 funds appropriated for
  adult basic education 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.
         (i)  Sections 12.107 and 12.128 apply as though funds under
  this section were funds under Subchapter D, Chapter 12.
         (j)  Not later than December 1 of each even-numbered year,
  beginning December 1, 2016, the agency shall prepare and deliver to
  the governor, lieutenant governor, speaker of the house of
  representatives, and presiding officer of each standing
  legislative committee with primary jurisdiction over public
  education or economic development a report that:
               (1)  evaluates any adult education program operated
  under a charter granted under this section; and
               (2)  makes recommendations regarding the abolition,
  continuation, or expansion of the pilot program.
         (k)  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 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 6.  This Act takes effect September 1, 2013.