BILL ANALYSIS

Senate Research Center	C.S.H.B. 1051
86R33343 MM-D	By: VanDeaver et al. (Watson)
	Education
	5/16/2019
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

H.B. 1051 modifies the adult charter school program both in terms of eligibility and administrative changes to transition it from being a pilot program to a permanent one. The bill makes certain reporting and structural changes in order to make the administration of the program easier for Texas Education Agency. These changes also bring necessary changes to ensure the accountability of this program aligns with that of other schools. (Original Author's/Sponsor's Statement of Intent)

C.S.H.B. 1051 amends current law relating to an adult education program provided under an adult high school diploma and industry certification charter school program and reporting requirements regarding certain students.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education (commissioner) in SECTION 8 (Section 42.006, Education Code) of this bill.

Rulemaking authority previously granted to the commissioner is modified in SECTION 4 (Section 29.259, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.137(a), Education Code, as follows:

(a) Provides that this section (Certain Charter Holders Authorized to Provide Combined Services For Certain Adult and High School Dropout Recovery Programs) applies only to:

(1) makes no changes to this subdivision; and

(2) an adult education program provided under a high school diploma and industry certification charter school program, rather than charter school pilot program, under Section 29.259.

SECTION 2. Amends Sections 29.801(d) and (d-1), Education Code, as follows:

(d) Makes nonsubstantive changes. Defines, for purposes of this section,� "student at risk of dropping out of school" to include each student who:

(1) creates this subdivision from existing text, redesignates existing Subdivisions (1)�(13) as Paragraphs (A)-(M), and makes a nonsubstantive change; 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) Makes a conforming change to this subsection.

SECTION 3. Amends the heading to Section 29.259, Education Code, to read as follows:

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

SECTION 4. Amends Section 29.259, Education Code, by amending Subsections (b), (g), (j), and (m) and adding Subsections (g-1), (i-1), and (i-2), as follows:

(b) Requires the commissioner of education (commissioner) to establish an adult high school diploma and industry certification charter school program, rather than pilot program, as provided by this section as a strategy for meeting industry needs for a sufficiently trained workforce within the state.

(g) Provides that a person who is at least 18, rather than 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 meets certain criteria, rather than if the person has not earned a high school equivalency certificate and meets certain criteria.

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

(i-1) Requires the adult education program under this section to:

(1) use an instructional model in which at least 75 percent of instruction is delivered by a teacher in an in-person, interactive classroom setting; and

(2) provide support services to students, including:

(A) child care at no cost to students;

(B) life coaching services, at a ratio not to exceed one life coach for every 100 students, that use strategic and holistic interventions designed to facilitate graduation planning and assist students in overcoming life obstacles to achieve academic and career goals;

(D) for students with identified disabilities or impairments, instructional support services.

(i-2) Requires the nonprofit entity granted a charter under this section, 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, to submit any request for approval of an expansion amendment. Provides that the expansion amendment is considered approved if the commissioner does not provide written notice to the nonprofit entity of the disapproval of the expansion amendment on or before August 1.

(j) Makes a conforming change. Provides that a certain amount of funding for an adult education program under this section is provided for participants who are at least 18 years of age and under 26 years of age, rather than 19 years of age and under 26 years of age.

(m) Makes a conforming change to this subsection.

SECTION 5. Reenacts Section 29.259(d), Education Code, as amended by Chapter 98 (S.B. 276), Acts of the 85th Legislature, Regular Session, 2017, and amends it to replace a reference to the pilot program with a reference to the program.

SECTION 6. Amends Section 39.053, Education Code, by adding Subsection (g-4), as follows:

(g-4) Requires the commissioner, for purposes of the computation of dropout and completion rates such as high school graduation rates under Subsection (c)(1)(B)(ix) (relating to evaluating school districts and campuses based on student achievement indicators, including performance of high school campus graduation rates), to exclude a student who was reported as having dropped out of school under Section 42.006(a-9), and prohibits the student from being considered to have dropped out from the school district or campus in which the student was last enrolled.

SECTION 7. Amends Section 42.003(a), Education Code, to make a conforming change.

SECTION 8. Amends Section 42.006, Education Code, by adding Subsections (a-8) and (a-9), as follows:

(a-8) Requires the commissioner by rule to require each school district and open‑enrollment charter school to annually report through the Public Education Information Management System (PEIMS) 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 Texas Education Agency as dropouts; and

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

(a-9) Requires 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 to be reported through PEIMS as having previously dropped out of school.

SECTION 9. Provides that this Act applies beginning with the 2019�2020 school year.

SECTION 10. Requires the commissioner, to ensure accurate funding for students enrolled in an adult high school diploma and industry certification charter school program under Section 29.259, Education Code, as amended by this Act, and the accurate collection, analysis, and reporting of information regarding those students, as soon as practicable after the effective date of this Act, to update PEIMS as necessary to accommodate the reporting through the system of information regarding students who are at least 26 years of age and not more than 50 years of age enrolled in such programs.�

SECTION 11. Effective date: upon passage or September 1, 2019.