By: Watson, Hughes S.B. No. 276

(In the Senate - Filed December 7, 2016; January 30, 2017, read first time and referred to Committee on Education; April 12, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 0; April 12, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 276 By: Uresti

A BILL TO BE ENTITLED

AN ACT

relating to an adult high school diploma and industry certification charter school pilot program.

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

SECTION 1. Section 29.259, Education Code, is amended by amending Subsections (d) and (i) and adding Subsections (n), (o), (p), (q), and (r) to read as follows:

(d) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, the commissioner [a charter under the pilot program] may, on the basis of an application submitted, grant a charter under the pilot program [be granted] to a single nonprofit entity described by Subsection (e) to provide an adult education program for [not more than 150] 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.

(i) 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:

(A) successful completion of:

(i) if applicable to the program participant, the curriculum requirements under Section 28.025; or

(ii) the appropriate curriculum requirements applicable to the program participant; and

(B) satisfactory performance on the standardized secondary exit-level assessment instrument described by Subsection (c).

(n) An adult education program operated under a charter granted under this section is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary as determined by the commissioner to monitor compliance with this section and, as applicable, Subchapter D, Chapter 12;

(B) criminal history records under Subchapter C, Chapter 22;

(C) high school graduation requirements under Section 28.025, to the extent applicable to a program participant;

(D) special education programs under Subchapter A, Chapter 29;

(E) bilingual education under Subchapter B, Chapter 29;

(F) health and safety under Chapter 38;

(G) the requirement under Section 21.006 to report an educator's misconduct; and

(H) the right of an employee to report a crime, as provided by Section 37.148.

(o) The commissioner shall develop and adopt performance frameworks that establish standards by which to measure the performance of an adult high school program operated under a charter granted under this section in a manner consistent with the requirements provided for an open-enrollment charter school under Sections 12.1181(a) and (b). The commissioner shall include in the performance frameworks adopted under this subsection the following performance indicators:

(1) the percentage of program participants who performed satisfactorily on the standardized secondary exit-level assessment instrument described by Subsection (c);

(2) the percentage of program participants who successfully completed the high school program and earned a high school diploma;

(3) the percentage of program participants who successfully completed career and technology education courses and obtained industry certification;

(4) the percentage of program participants who have enrolled in an institution of higher education or private or independent institution of higher education, as those terms are defined under Section 61.003; and

(5) the percentage of program participants who earned a wage, salary, or other income increase that was significant as determined and reported by the Texas Workforce Commission.

(p) Each year, the commissioner shall evaluate the performance of an adult high school program operated under a charter granted under this section based on the applicable performance frameworks adopted under Subsection (o).

(q) The commissioner shall adopt rules as necessary to implement and administer the reporting requirements under Subsection (n)(2)(A) and the evaluation provisions of Subsections (o) and (p).

(r) The commissioner or an adult education program operated under a charter granted under this section may accept gifts, grants, or donations from any public or private source to be used for purposes of this section.

SECTION 2. Section 29.259(l), Education Code, is repealed.

SECTION 3. Section 29.259(p), Education Code, as added by this Act, applies beginning with the 2017-2018 school year.

SECTION 4. Section 29.259(d), Education Code, as amended by this Act, takes effect only if a specific appropriation is provided for additional funding for the increase in the number of program participants above 150 in a general appropriations act of the 85th Legislature.

SECTION 5. 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, 2017.

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