By: Watson, Campbell  S.B. No. 591
         (In the Senate - Filed February 1, 2019; February 21, 2019,
  read first time and referred to Committee on Education;
  April 9, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 10, Nays 0; April 9, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 591 By:  Watson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an adult education program provided under an adult high
  school diploma and industry certification charter school program,
  eligibility of certain students for Foundation School Program
  benefits, and reporting requirements regarding certain students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.137(a), Education Code, is amended to
  read as follows:
         (a)  This section applies only to:
               (1)  an open-enrollment charter school designated as a
  dropout recovery school as described by Section 12.1141(c) if the
  enrollment of the school consists only of students 17 years of age
  and older; and
               (2)  an adult education program provided under a high
  school diploma and industry certification charter school [pilot]
  program under Section 29.259.
         SECTION 2.  Sections 29.081(d) and (d-1), Education Code,
  are amended to read as follows:
         (d)  For purposes of this section, "student at risk of
  dropping out of school" includes each student who:
               (1)  is under 26 years of age and who:
                     (A) [(1)]  was not advanced from one grade level
  to the next for one or more school years;
                     (B) [(2)]  if the student is in grade 7, 8, 9, 10,
  11, or 12, did not maintain an average equivalent to 70 on a scale of
  100 in two or more subjects in the foundation curriculum during a
  semester in the preceding or current school year or is not
  maintaining such an average in two or more subjects in the
  foundation curriculum in the current semester;
                     (C) [(3)]  did not perform satisfactorily on an
  assessment instrument administered to the student under Subchapter
  B, Chapter 39, and who has not in the previous or current school
  year subsequently performed on that instrument or another
  appropriate instrument at a level equal to at least 110 percent of
  the level of satisfactory performance on that instrument;
                     (D) [(4)]  if the student is in prekindergarten,
  kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
  a readiness test or assessment instrument administered during the
  current school year;
                     (E) [(5)]  is pregnant or is a parent;
                     (F) [(6)]  has been placed in an alternative
  education program in accordance with Section 37.006 during the
  preceding or current school year;
                     (G) [(7)]  has been expelled in accordance with
  Section 37.007 during the preceding or current school year;
                     (H) [(8)]  is currently on parole, probation,
  deferred prosecution, or other conditional release;
                     (I) [(9)]  was previously reported through the
  Public Education Information Management System (PEIMS) to have
  dropped out of school;
                     (J) [(10)]  is a student of limited English
  proficiency, as defined by Section 29.052;
                     (K) [(11)]  is in the custody or care of the
  Department of Family and Protective Services or has, during the
  current school year, been referred to the department by a school
  official, officer of the juvenile court, or law enforcement
  official;
                     (L) [(12)]  is homeless, as defined by 42 U.S.C.
  Section 11302, and its subsequent amendments; or
                     (M) [(13)]  resided in the preceding school year
  or resides in the current school year in a residential placement
  facility in the district, including a detention facility, substance
  abuse treatment facility, emergency shelter, psychiatric hospital,
  halfway house, cottage home operation, specialized child-care
  home, or general residential operation; 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)  Notwithstanding Subsection (d)(1)(A) [(d)(1)], a
  student is not considered a student at risk of dropping out of
  school if the student did not advance from prekindergarten or
  kindergarten to the next grade level only as the result of the
  request of the student's parent.
         SECTION 3.  The heading to Section 29.259, Education Code,
  is amended to read as follows:
         Sec. 29.259.  ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
  CERTIFICATION CHARTER SCHOOL [PILOT] PROGRAM.
         SECTION 4.  Section 29.259, Education Code, is amended by
  amending Subsections (b), (g), (j), and (m) and adding Subsections
  (g-1) and (i-1) to read as follows:
         (b)  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.
         (g)  A person who is at least 18 [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.
         (g-1)  In admitting students to the adult education program
  under this section, the nonprofit entity shall give priority to a
  person who has not earned a high school equivalency certificate.
         (i-1)  The adult education program offered under this
  section must:
               (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;
                     (C)  mental health counseling; and
                     (D)  for students with identified disabilities or
  impairments, instructional support services.
         (j)  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 general revenue
  funds appropriated for the pilot program 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.
         (m)  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 29.259(d), Education Code, as amended by
  Chapter 98 (S.B. 276), Acts of the 85th Legislature, Regular
  Session, 2017, is reenacted and amended 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 may, on the basis of an application submitted, grant a
  charter under the [pilot] program to a single nonprofit entity
  described by Subsection (e) to provide an adult education program
  for 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.
         SECTION 6.  Section 39.053, Education Code, is amended by
  adding Subsection (g-4) to read as follows:
         (g-4)  For purposes of the computation of dropout and
  completion rates such as high school graduation rates under
  Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
  who was reported as having dropped out of school under Section
  42.006(a-9), and the student may not be considered to have dropped
  out from the school district or campus in which the student was last
  enrolled.
         SECTION 7.  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 8.  Section 42.006, Education Code, is amended by
  adding Subsections (a-8) and (a-9) to read as follows:
         (a-8)  The commissioner by rule shall require each school
  district and open-enrollment charter school to annually report
  through the Public Education Information Management System
  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 agency as
  dropouts; and
               (3)  enroll in the program at the district or school
  after not attending school for a period of at least nine months. 
         (a-9)  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 must be
  reported through the Public Education Information Management
  System as having previously dropped out of school.
         SECTION 9.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 10.  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, the commissioner
  of education shall update the Public Education Information
  Management System 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.  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, 2019.
 
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