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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications for designation as a dropout |
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recovery school and evaluating the performance of dropout recovery |
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schools for purposes of the public school accountability system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1141(c), Education Code, is amended |
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to read as follows: |
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(c) At the end of the term of a charter for an |
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open-enrollment charter school, if a charter holder submits to the |
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commissioner a petition for renewal of the charter and the charter |
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does not meet the criteria for expedited renewal under Subsection |
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(b) or for expiration under Subsection (d), the commissioner shall |
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use the discretionary consideration process. The commissioner's |
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decision under the discretionary consideration process must take |
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into consideration the results of annual evaluations under the |
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performance frameworks established under Section 12.1181. The |
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renewal of the charter of an open-enrollment charter school that is |
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registered under the agency's alternative education accountability |
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procedures for evaluation under Chapter 39 shall be considered |
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under the discretionary consideration process regardless of the |
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performance ratings under Subchapter C, Chapter 39, of the |
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open-enrollment charter school or of any campus operating under the |
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charter, except that if the charter holder has been assigned a |
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financial accountability performance rating under Subchapter D, |
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Chapter 39, indicating financial performance that is lower than |
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satisfactory for any three of the five preceding school years, the |
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commissioner shall allow the charter to expire under Subsection |
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(d). In considering the renewal of the charter of an |
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open-enrollment charter school that is registered under the |
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agency's alternative education accountability procedures for |
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evaluation under Chapter 39, such as a dropout recovery school or a |
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school providing education within a residential treatment |
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facility, the commissioner shall use academic criteria established |
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by commissioner rule that are appropriate to measure the specific |
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goals of the school. The criteria established by the commissioner |
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shall recognize growth in student achievement as well as |
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educational attainment. For purposes of this subsection, the |
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commissioner shall designate as a dropout recovery school an |
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open-enrollment charter school or a campus of an open-enrollment |
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charter school: |
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(1) that serves students in grades 9 through 12 and has |
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an enrollment of which at least 50 percent of the students are 16 |
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[17] years of age or older as of September 1 of the school year as |
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reported for the fall semester Public Education Information |
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Management System (PEIMS) submission; and |
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(2) that meets the eligibility requirements for and is |
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registered under alternative education accountability procedures |
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adopted by the commissioner. |
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SECTION 2. 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 16 [17] years of |
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age 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 program |
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under Section 29.259. |
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SECTION 3. (a) Section 39.0548(a), Education Code, is |
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amended to read as follows: |
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(a) For purposes of evaluating performance under Section |
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39.053(c), the commissioner shall designate as a dropout recovery |
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school a school district or an open-enrollment charter school or a |
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campus of a district or of an open-enrollment charter school: |
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(1) that serves students in grades 9 through 12 and has |
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an enrollment of which at least 50 percent of the students are 16 |
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[17] years of age or older as of September 1 of the school year as |
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reported for the fall semester Public Education Information |
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Management System (PEIMS) submission; and |
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(2) that meets the eligibility requirements for and is |
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registered under alternative education accountability procedures |
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adopted by the commissioner. |
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(b) Effective September 1, 2023, Section 39.0548, Education |
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Code, is amended by amending Subsections (a) and (d) and adding |
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Subsections (a-1), (e), and (f) to read as follows: |
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(a) For purposes of evaluating performance under Section |
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39.053(c), the commissioner shall designate as a dropout recovery |
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school a school district or an open-enrollment charter school or a |
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campus of a district or of an open-enrollment charter school: |
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(1) that serves students in grades 9 through 12 and has |
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an enrollment of which at least 50 percent of the students are 16 |
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[17] years of age or older as of September 1 of the school year as |
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reported for the fall semester Public Education Information |
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Management System (PEIMS) submission; and |
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(2) that [meets the eligibility requirements for and] |
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is registered under alternative education accountability |
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procedures adopted by the commissioner. |
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(a-1) For purposes of assigning performance ratings under |
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Section 39.054, the commissioner shall evaluate a dropout recovery |
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school under alternative education accountability procedures |
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adopted by the commissioner. |
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(d) For [Notwithstanding Section 39.053(c), for] purposes |
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of evaluating a dropout recovery school under the alternative |
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education accountability procedures adopted by the commissioner |
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[to determine the performance rating of the school under Section |
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39.054], only the best result from the primary administration or |
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any retake of an assessment instrument administered to a student in |
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the school year evaluated may be considered in assigning |
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performance ratings for the school under 39.054. |
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(e) To the extent consistent with or permitted by an |
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authorized waiver of federal law, the commissioner, for purposes of |
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evaluating performance of a dropout recovery school under the |
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alternative education accountability procedures adopted by the |
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commissioner, shall adopt performance targets for the student |
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achievement domain under Section 39.053(c)(1) and the school |
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progress domain under Section 39.053(c)(2) that are based on the |
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average performance of school districts and campuses registered |
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under the alternative education accountability procedures for the |
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preceding school year for those respective domains. |
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(f) To the extent consistent with or permitted by an |
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authorized waiver of federal law, the commissioner, for purposes of |
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evaluating performance of a dropout recovery school under the |
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alternative education accountability procedures adopted by the |
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commissioner, shall attribute to a dropout recovery school not less |
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than a minimum scaled score of 60 for the closing the gaps domain |
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under Section 39.053(c)(3). |
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SECTION 4. Sections 12.1141(c) and 12.137(a), Education |
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Code, as amended by this Act, and Section 39.0548(a), Education |
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Code, as amended by Section 3(a) of this Act, apply beginning with |
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the 2021-2022 school year. |
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SECTION 5. (a) Not later than September 1, 2023, the |
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commissioner of education shall: |
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(1) obtain any necessary waiver from the application |
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of federal law or regulation conflicting with Section 39.0548, |
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Education Code, as amended by this Act, effective September 1, |
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2023; or |
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(2) receive written notification from the United |
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States Department of Education that a waiver is not required for |
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Section 39.0548, Education Code, as amended by this Act, effective |
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September 1, 2023, to take effect. |
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(b) If the commissioner of education obtains any necessary |
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waiver or receives written notification that a waiver is not needed |
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as described by Subsection (a) of this section, the commissioner |
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shall certify that the commissioner has obtained the waiver or |
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received notification that a waiver is not required, as applicable, |
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and shall publish notice of that fact in the Texas Register as soon |
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as practicable after obtaining the waiver or receiving |
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notification. |
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SECTION 6. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2021. |