87R17150 MWC-D

By: Dutton H.B. No. 998

Substitute the following for H.B. No. 998:

By: Dutton C.S.H.B. No. 998

A BILL TO BE ENTITLED

AN ACT

relating to the qualifications for designation as a dropout recovery school.

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

SECTION 1. Section 12.1141(c), Education Code, is amended to read as follows:

(c) At the end of the term of a charter for an open-enrollment charter school, if a charter holder submits to the commissioner a petition for renewal of the charter and the charter does not meet the criteria for expedited renewal under Subsection (b) or for expiration under Subsection (d), the commissioner shall use the discretionary consideration process. The commissioner's decision under the discretionary consideration process must take into consideration the results of annual evaluations under the performance frameworks established under Section 12.1181. The renewal of the charter of an open-enrollment charter school that is registered under the agency's alternative education accountability procedures for evaluation under Chapter 39 shall be considered under the discretionary consideration process regardless of the performance ratings under Subchapter C, Chapter 39, of the open-enrollment charter school or of any campus operating under the charter, except that if the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance that is lower than satisfactory for any three of the five preceding school years, the commissioner shall allow the charter to expire under Subsection (d). In considering the renewal of the charter of an open-enrollment charter school that is registered under the agency's alternative education accountability procedures for evaluation under Chapter 39, such as a dropout recovery school or a school providing education within a residential treatment facility, the commissioner shall use academic criteria established by commissioner rule that are appropriate to measure the specific goals of the school. The criteria established by the commissioner shall recognize growth in student achievement as well as educational attainment. For purposes of this subsection, the commissioner shall designate as a dropout recovery school an open-enrollment charter school or a campus of an open-enrollment charter school:

(1) that serves students in grades 9 through 12 and has an enrollment of which at least 60 [50] percent of the students are 16 [17] years of age or older as of September 1 of the school year as reported for the fall semester Public Education Information Management System (PEIMS) submission; and

(2) that meets the eligibility requirements for and is registered under alternative education accountability procedures adopted by the commissioner.

SECTION 2. 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 16 [17] years of age and older; and

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

SECTION 3. Section 39.0548(a), Education Code, is amended to read as follows:

(a) For purposes of evaluating performance under Section 39.053(c), the commissioner shall designate as a dropout recovery school a school district or an open-enrollment charter school or a campus of a district or of an open-enrollment charter school:

(1) that:

(A) serves students in grades 9 through 12 and has an enrollment of which at least 60 [50] percent of the students are 16 [17] years of age or older as of September 1 of the school year as reported for the fall semester Public Education Information Management System (PEIMS) submission; or

(B) applies for and receives designation as a dropout recovery school in accordance with commissioner rule; and

(2) that meets the eligibility requirements for and is registered under alternative education accountability procedures adopted by the commissioner.

SECTION 4. This Act applies beginning with the 2021-2022 school year.

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, 2021.