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A BILL TO BE ENTITLED
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AN ACT
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relating to an adult education program provided under an adult high |
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school diploma and industry certification charter school program |
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and reporting requirements regarding certain students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.137(a), Education Code, is amended to |
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read as follows: |
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(a) This section applies only to: |
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(1) an open-enrollment charter school designated as a |
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dropout recovery school as described by Section 12.1141(c) if the |
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enrollment of the school consists only of students 17 years of age |
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and older; and |
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(2) an adult education program provided under a high |
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school diploma and industry certification charter school [pilot] |
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program under Section 29.259. |
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SECTION 2. Sections 29.081(d) and (d-1), Education Code, |
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are 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) [(1)] was not advanced from one grade level |
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to the next for one or more school years; |
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(B) [(2)] if the student is in grade 7, 8, 9, 10, |
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11, or 12, did not maintain an average equivalent to 70 on a scale of |
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100 in two or more subjects in the foundation curriculum during a |
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semester in the preceding or current school year or is not |
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maintaining such an average in two or more subjects in the |
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foundation curriculum in the current semester; |
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(C) [(3)] 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) [(4)] 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) [(5)] is pregnant or is a parent; |
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(F) [(6)] has been placed in an alternative |
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education program in accordance with Section 37.006 during the |
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preceding or current school year; |
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(G) [(7)] has been expelled in accordance with |
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Section 37.007 during the preceding or current school year; |
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(H) [(8)] is currently on parole, probation, |
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deferred prosecution, or other conditional release; |
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(I) [(9)] was previously reported through the |
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Public Education Information Management System (PEIMS) to have |
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dropped out of school; |
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(J) [(10)] is a student of limited English |
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proficiency, as defined by Section 29.052; |
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(K) [(11)] is in the custody or care of the |
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Department of Family and Protective Services or has, during the |
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current school year, been referred to the department by a school |
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official, officer of the juvenile court, or law enforcement |
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official; |
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(L) [(12)] is homeless, as defined by 42 U.S.C. |
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Section 11302, and its subsequent amendments; or |
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(M) [(13)] resided in the preceding school year |
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or 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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(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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(d-1) Notwithstanding Subsection (d)(1)(A) [(d)(1)], a |
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student is not considered a student at risk of dropping out of |
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school if the student did not advance from prekindergarten or |
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kindergarten to the next grade level only as the result of the |
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request of the student's parent. |
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SECTION 3. The heading for Section 29.259, Education Code, |
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is amended to read as follows: |
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Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY |
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CERTIFICATION CHARTER SCHOOL [PILOT] PROGRAM. |
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SECTION 4. Section 29.259, Education Code, is amended by |
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amending Subsections (b), (g), (j), and (m) and adding Subsections |
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(g-1), (i-1), and (i-2) to read as follows: |
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(b) The commissioner shall establish an adult high school |
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diploma and industry certification charter school [pilot] program |
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as provided by this section as a strategy for meeting industry needs |
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for a sufficiently trained workforce within the state. |
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(g) A person who is at least 18 [19] years of age and not |
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more than 50 years of age is eligible to enroll in the adult |
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education program under this section if the person [has not earned a
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high school equivalency certificate and]: |
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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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(g-1) In admitting students to the adult education program |
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under this section, the nonprofit entity shall give priority to a |
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person who has not earned a high school equivalency certificate. |
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(i-1) The adult education program offered under this |
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section must: |
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(1) use an instructional model in which at least 75 |
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percent of instruction is delivered by a teacher in an in-person, |
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interactive classroom setting; and |
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(2) provide support services to students, including: |
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(A) child care at no cost to students; |
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(B) life coaching services, at a ratio not to |
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exceed one life coach for every 100 students, that use strategic and |
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holistic interventions designed to facilitate graduation planning |
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and assist students in overcoming life obstacles to achieve |
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academic and career goals; |
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(C) mental health counseling; and |
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(D) for students with identified disabilities or |
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impairments, instructional support services. |
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(i-2) If money is appropriated for a state fiscal year for |
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expansion of the program under this section, not later than June 30 |
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of the state fiscal year in which the appropriation is made, the |
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nonprofit entity granted a charter under this section must submit |
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any request for approval of an expansion amendment. The expansion |
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amendment is considered approved if the commissioner does not |
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provide written notice to the nonprofit entity of the disapproval |
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of the expansion amendment on or before August 1. |
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(j) Funding for an adult education program under this |
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section is provided based on the following: |
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(1) for participants who are 26 years of age and older, |
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an amount per participant from available general revenue funds |
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appropriated for the [pilot] program equal to the statewide average |
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amount of state funding per student in weighted average daily |
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attendance that would be allocated under the Foundation School |
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Program to an open-enrollment charter school under Section 12.106 |
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were the student under 26 years of age; and |
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(2) for participants who are at least 18 [19] years of |
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age and under 26 years of age, an amount per participant through the |
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Foundation School Program equal to the amount of state funding per |
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student in weighted average daily attendance that would be |
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allocated under the Foundation School Program for the student's |
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attendance at an open-enrollment charter school in accordance with |
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Section 12.106. |
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(m) The commissioner shall adopt rules necessary to |
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administer the [pilot] program under this section. In adopting |
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rules, the commissioner may modify charter school requirements only |
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to the extent necessary for the administration of a charter school |
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under this section that provides for adult education. |
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SECTION 5. Section 29.259(d), Education Code, as amended by |
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Chapter 98 (S.B. 276), Acts of the 85th Legislature, Regular |
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Session, 2017, is reenacted and amended to read as follows: |
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(d) Notwithstanding any other law and in addition to the |
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number of charters allowed under Subchapter D, Chapter 12, the |
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commissioner may, on the basis of an application submitted, grant a |
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charter under the [pilot] program to a single nonprofit entity |
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described by Subsection (e) to provide an adult education program |
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for individuals described by Subsection (g) to successfully |
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complete: |
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(1) a high school program that can lead to a diploma; |
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and |
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(2) career and technology education courses that can |
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lead to industry certification. |
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SECTION 6. Section 39.053, Education Code, is amended by |
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adding Subsection (g-4) to read as follows: |
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(g-4) For purposes of the computation of dropout and |
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completion rates such as high school graduation rates under |
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Subsection (c)(1)(B)(ix), the commissioner shall exclude a student |
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who was reported as having dropped out of school under Section |
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42.006(a-9), and the student may not be considered to have dropped |
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out from the school district or campus in which the student was last |
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enrolled. |
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SECTION 7. Section 42.003(a), Education Code, is amended to |
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read as follows: |
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(a) A student is entitled to the benefits of the Foundation |
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School Program if, on September 1 of the school year, the student: |
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(1) is 5 years of age or older and under 21 years of age |
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and has not graduated from high school, or is at least 21 years of |
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age and under 26 years of age and has been admitted by a school |
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district to complete the requirements for a high school diploma; or |
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(2) is at least 18 [19] years of age and under 26 years |
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of age and is enrolled in an adult high school diploma and industry |
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certification charter school [pilot] program under Section 29.259. |
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SECTION 8. Section 42.006, Education Code, is amended by |
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adding Subsections (a-8) and (a-9) to read as follows: |
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(a-8) The commissioner by rule shall require each school |
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district and open-enrollment charter school to annually report |
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through the Public Education Information Management System |
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information regarding the number of students who are enrolled in a |
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high school equivalency program, a dropout recovery school, or an |
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adult education program provided under a high school diploma and |
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industry certification charter school program provided by the |
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district or school and who: |
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(1) are at least 18 years of age and under 26 years of |
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age; |
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(2) have not previously been reported to the agency as |
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dropouts; and |
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(3) enroll in the program at the district or school |
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after not attending school for a period of at least nine months. |
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(a-9) A student reported under Subsection (a-8) as having |
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enrolled in a high school equivalency program, a dropout recovery |
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school, or an adult education program provided under a high school |
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diploma and industry certification charter school program must be |
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reported through the Public Education Information Management |
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System as having previously dropped out of school. |
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SECTION 9. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 10. To ensure accurate funding for students |
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enrolled in an adult high school diploma and industry certification |
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charter school program under Section 29.259, Education Code, as |
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amended by this Act, and the accurate collection, analysis, and |
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reporting of information regarding those students, as soon as |
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practicable after the effective date of this Act, the commissioner |
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of education shall update the Public Education Information |
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Management System as necessary to accommodate the reporting through |
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the system of information regarding students who are at least 26 |
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years of age and not more than 50 years of age enrolled in such |
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programs. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |
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* * * * * |