87R17890 KJE-F

By: VanDeaver, Bernal H.B. No. 1942

Substitute the following for H.B. No. 1942:

By: Dutton C.S.H.B. No. 1942

A BILL TO BE ENTITLED

AN ACT

relating to the adult high school charter school program.

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

SECTION 1. Chapter 12, Education Code, is amended by adding Subchapter G, and a heading is added to that subchapter to read as follows:

SUBCHAPTER G. ADULT HIGH SCHOOL CHARTER SCHOOL PROGRAM

SECTION 2. Section 29.259(a), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.251, Education Code, and amended to read as follows:

Sec. 12.251. DEFINITIONS. [(a)] In this subchapter:

(1) "Adult [section, "adult] education" means services and instruction provided below the college level for adults by a nonprofit entity granted a charter under this subchapter [described by Subsection (e)].

(2) "Program," unless the context indicates otherwise, means the adult high school charter school program under this subchapter.

SECTION 3. Section 29.259(n), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.252, Education Code, and amended to read as follows:

Sec. 12.252. APPLICABILITY OF CERTAIN PROVISIONS. (a) The provisions of this chapter relating to charter schools do not apply to an adult education program operated under a charter granted under this subchapter except as otherwise provided by this subchapter or by commissioner rule.

(b) [(n)] An adult education program operated under a charter granted under this subchapter [section] is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary as determined by the commissioner to monitor compliance with this subchapter [section] and, as applicable, Subchapter D[, Chapter 12];

(B) criminal history records under Subchapter C, Chapter 22;

(C) high school graduation requirements under Section 28.025, to the extent applicable to a program participant;

(D) special education programs under Subchapter A, Chapter 29;

(E) bilingual education under Subchapter B, Chapter 29;

(F) health and safety under Chapter 38;

(G) the requirement under Section 21.006 to report an educator's misconduct; and

(H) the right of an employee to report a crime, as provided by Section 37.148.

SECTION 4. Section 29.259(b), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.253, Education Code, and amended to read as follows:

Sec. 12.253. PURPOSE. [(b)] The purpose of the [commissioner shall establish an] adult high school [diploma and industry certification] charter school program, as established under former Section 29.259 and provided by this subchapter, is to meet [section as a strategy for meeting] industry needs for a sufficiently trained workforce within the state and strengthen the economic and educational prosperity of the state.

SECTION 5. Subchapter G, Chapter 12, Education Code, as added by this Act, is amended by adding Section 12.254 to read as follows:

Sec. 12.254. ADVISORY COMMITTEE. (a) An advisory committee is established to make recommendations to the commissioner regarding:

(1) the secondary exit-level assessment tool adopted or developed under Section 12.260 and the satisfactory performance level for that tool; and

(2) the accountability frameworks adopted under Section 12.262, including the performance domains and measures in each framework.

(b) The advisory committee is composed of seven members appointed as follows:

(1) one member appointed by the governor;

(2) one member appointed by the lieutenant governor;

(3) one member appointed by the speaker of the house of representatives;

(4) one member appointed by the commissioner;

(5) one member appointed by the executive director of the Texas Workforce Commission;

(6) one member appointed by the commissioner of higher education; and

(7) the superintendent of the charter school operating under the charter granted under former Section 29.259.

(c) Each member appointed to the advisory committee must have experience or expertise in adult or workforce education.

(d) Members of the advisory committee serve at the pleasure of the appointing official.

(e) The governor shall designate a member of the advisory committee as presiding officer to serve in that capacity at the pleasure of the governor.

(f) Members of the advisory committee are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses incurred in fulfilling committee duties.

(g) Staff members of the agency shall provide administrative support for the advisory committee.

(h) The agency shall provide funding for any administrative and operational expenses of the advisory committee.

SECTION 6. Section 29.259(d), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.255, Education Code, and amended to read as follows:

Sec. 12.255. AUTHORIZATION FOR CHARTER. (a) [(d)] Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, [Chapter 12,] the commissioner may, subject to Subsection (c) and on the basis of an application submitted, grant a charter under the program to a [single] nonprofit entity described by Section 12.256 [Subsection (e)] to provide an adult education program for individuals described by Section 12.258 [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.

(b) A nonprofit entity, other than the nonprofit entity granted a charter under former Section 29.259, is not entitled to an automatic grant of a charter under this subchapter on the basis that the entity holds a charter or operates a charter school under another provision of this chapter.

(c) Subject to Subsection (d), the commissioner may not grant more than two charters in a calendar year or more than six charters total under this subchapter. In granting charters, the commissioner may not grant:

(1) a charter before September 1, 2023; or

(2) a total of more than:

(A) two charters before September 1, 2024; or

(B) four charters before September 1, 2026.

(d) A charter granted under former Section 29.259 may not be counted toward the limit under Subsection (c).

(e) A nonprofit entity granted a charter under the program may not enroll more than 350 students in an adult education program operated under that charter during the first two years after the charter is granted. This subsection does not apply to a charter granted under former Section 29.259, regardless of whether that charter is transferred to another nonprofit entity as provided by law.

SECTION 7. Section 29.259(e), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.256, Education Code, and amended to read as follows:

Sec. 12.256. CHARTER HOLDER QUALIFICATIONS. [(e)] A nonprofit entity may be granted a charter under this subchapter [section] only if the entity[:

[(1)] has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar marginalizing circumstances[; and

[(2) agrees to commit at least $1 million to the adult education program offered].

SECTION 8. Sections 29.259(h) and (i), Education Code, are transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.257, Education Code, and amended to read as follows:

Sec. 12.257. APPLICATION; CHARTER CONTENT. (a) A [(h) The] nonprofit entity must include in its charter application the information required by Subsection (b) [(i)].

(b) [(i)] A charter granted under this subchapter [section] must:

(1) include a description of the adult education program to be offered under this subchapter [section]; and

(2) establish specific, objective standards for receiving a high school diploma, including:

(A) successful completion of:

(i) if applicable to the program participant, the curriculum requirements under Section 28.025; or

(ii) the appropriate curriculum requirements applicable to the program participant; and

(B) satisfactory performance on the standardized secondary exit-level assessment instrument described by Section 12.260 [Subsection (c)].

SECTION 9. Sections 29.259(g) and (g-1), Education Code, are transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.258, Education Code, and amended to read as follows:

Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION. (a) [(g)] A person who is at least 18 years of age and not more than 50 years of age is eligible to enroll in an [the] adult education program operated under a charter granted under this subchapter [section] if the person:

(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.

(b) [(g-1)] In admitting students to an [the] adult education program operated under a charter granted under this subchapter [section], a [the] nonprofit entity shall give priority to a person who has not earned a high school equivalency certificate.

SECTION 10. Section 29.259(i-1), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.259, Education Code, and amended to read as follows:

Sec. 12.259. ADULT EDUCATION PROGRAM. (a) An [(i-1) The] adult education program operated under a charter granted [offered] under this subchapter [section] must:

(1) use an instructional model in which a significant portion [at least 75 percent] of instruction, as approved by the commissioner, is delivered [by a teacher] in a teacher-led [an in-person], interactive classroom environment [setting]; [and]

(2) provide access to:

(A) career and technical education courses that lead to an industry certification;

(B) career readiness training;

(C) postsecondary counseling; and

(D) job-placement services; and

(3) 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; and

(E) transportation assistance.

SECTION 11. Section 29.259(f), Education Code, is transferred to Section 12.259, Education Code, as added by this Act, redesignated as Subsection (b) of that section, and amended to read as follows:

(b) [(f)] A nonprofit entity granted a charter under this subchapter [section] may partner with a public junior college or a provider or organization approved by the Texas Workforce Commission to provide career and technology courses that lead to industry certification through an adult education program described by Subsection (a).

SECTION 12. Section 29.259(c), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.260, Education Code, and amended to read as follows:

Sec. 12.260. ASSESSMENT INSTRUMENT. (a) [(c)] The agency, in cooperation with the advisory committee established under Section 12.254, shall adopt or develop and administer a standardized secondary exit-level assessment instrument appropriate for assessing [adult education] program participants who successfully complete high school curriculum requirements under an adult education [a] program operated under a charter granted [provided] under this subchapter [section].

(b) The commissioner, in cooperation with the advisory committee established under Section 12.254, shall determine the level of performance considered to be satisfactory on the secondary exit-level assessment instrument adopted under Subsection (a) for receipt of a high school diploma by a [an adult education] program participant in an adult education [a] program operated under a charter granted [provided] under this subchapter [section].

(c) For a school year before the 2025-2026 school year, the agency shall adopt and administer the Algebra I, English II, and biology end-of-course assessment instruments adopted under Section 39.023(c) as the secondary exit-level assessment instrument required under this section. The level of performance considered to be satisfactory on those assessment instruments for purposes of this subsection is the level of performance adopted under 19 T.A.C. Section 101.4003(a), as that rule existed on January 1, 2021. This subsection expires September 1, 2025.

SECTION 13. Section 29.259(i-2), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.261, Education Code, and amended to read as follows:

Sec. 12.261. EXPANSION AMENDMENT. (a) Not [(i-2) If money is appropriated for a state fiscal year for expansion of the program under this section, not] later than June 30 of each [the state fiscal] year [in which the appropriation is made], a [the] nonprofit entity granted a charter under this subchapter [section] must submit any request for approval of an expansion amendment intended to take effect the next school year.

(b) An [The] expansion amendment submitted under Subsection (a) 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.

SECTION 14. Sections 29.259(o) and (p), Education Code, are transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.262, Education Code, and amended to read as follows:

Sec. 12.262. ACCOUNTABILITY; REVOCATION OF CHARTER. (a) [(o)] The commissioner, in cooperation with the advisory committee established under Section 12.254, shall develop and adopt an accountability framework [performance frameworks] that establishes [establish] standards by which to measure the performance of an adult education [high school] program operated under a charter granted under this subchapter [section in a manner consistent with the requirements provided for an open-enrollment charter school under Sections 12.1181(a) and (b)].

(b) The commissioner shall include in the accountability framework [performance frameworks] adopted under Subsection (a) [this subsection the following] performance domains that measure:

(1) academic growth;

(2) career readiness;

(3) one-year post-graduation and longitudinal postsecondary outcomes;

(4) longitudinal wage and career growth; and

(5) operational performance.

(b-1) For a school year before the 2024-2025 school year, the accountability framework adopted under Subsection (a) shall include the following performance measures [indicators]:

(1) the percentage of program participants who performed satisfactorily on the standardized secondary exit-level assessment instrument described by Section 12.260(c) [Subsection (c)];

(2) the percentage of program participants who successfully completed the adult education [high school] program and earned a high school diploma;

(3) the percentage of program participants who successfully completed career and technology education courses and obtained industry certification within six months after completing the adult education program;

(4) the percentage of program participants who have enrolled in an institution of higher education or private or independent institution of higher education, as those terms are defined under Section 61.003, within six months after completing the adult education program; and

(5) operational performance as measured under the performance frameworks adopted under Section 12.1181 [the percentage of program participants who earned a wage, salary, or other income increase that was significant as determined and reported by the Texas Workforce Commission].

(c) The commissioner shall adopt a separate accountability framework for an adult education program located in a correctional facility, as that term is defined by Section 1.07, Penal Code.

(c-1) For a school year before the 2024-2025 school year, the accountability framework adopted under Subsection (c) shall include the following performance measures:

(1) the percentage of program participants who performed satisfactorily on the standardized secondary exit-level assessment instrument described by Section 12.260(c); and

(2) the percentage of program participants who successfully completed the adult education program and earned a high school diploma.

(c-2) Subsections (b-1) and (c-1) and this subsection expire September 1, 2024.

(d) [(p)] Each year, the commissioner shall evaluate the performance of an adult education [high school] program operated under a charter granted under this subchapter [section] based on the applicable accountability framework [performance frameworks] adopted under this section [Subsection (o)].

(e) The commissioner may revoke a charter to operate an adult education program granted under this subchapter if the charter's adult education program fails to meet the minimum performance standards established by commissioner rule on the applicable accountability framework adopted under this section for three consecutive school years after the first year of operation.

(f) The commissioner, in cooperation with the advisory committee established under Section 12.254, shall review and, if necessary, revise each accountability framework adopted under this section at least once every three years.

SECTION 15. Sections 29.259(j) and (k), Education Code, are transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.263, Education Code, and amended to read as follows:

Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) Except as otherwise provided by this section, funding [(j) Funding] for an adult education program operated under a charter granted under this subchapter [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 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 18 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.

(a-1) Notwithstanding any other provision of this section, for a school year before the 2023-2024 school year, funding for an adult education program operated under this subchapter shall be provided in the manner in which funding was provided for the adult education program operated under former Section 29.259 for the 2020-2021 school year in accordance with the average daily attendance hold harmless provisions and guidance regarding remote instruction implemented by the agency for that school year. This subsection expires September 1, 2023.

(b) For purposes of determining the average daily attendance of an adult education program operated under a charter granted under this subchapter, a student is considered to be in average daily attendance, with a 100 percent attendance rate, for:

(1) all of the instructional days of the school year, if the student is enrolled for at least 75 percent of the school year;

(2) half of the instructional days of the school year, if the student is enrolled for at least 50 percent but less than 75 percent of the school year;

(3) a quarter of the instructional days of the school year, if the student is enrolled for at least 25 percent but less than 50 percent of the school year; or

(4) one-tenth of the instructional days of the school year, if the student is enrolled for at least 10 percent but less than 25 percent of the school year.

(c) A student enrolled in an adult education program operated under a charter granted under this subchapter for less than 10 percent of a school year may not be counted toward the adult education program's average daily attendance for that school year.

(d) For purposes of the compensatory education allotment under Section 48.104, the commissioner shall:

(1) permit an adult education program operated under a charter granted under this subchapter to give a final report at the end of each school year of students who were enrolled in the adult education program at any time during that school year and who qualify for that allotment; and

(2) provide the allotment for each student reported under Subdivision (1) in an amount proportional to the duration of the student's enrollment in the adult education program.

(e) For purposes of the college, career, or military readiness outcomes bonus under Section 48.110, notwithstanding Subsection (f) of that section, an annual graduate of an adult education program operated under a charter granted under this subchapter demonstrates career readiness by earning an industry-accepted certificate not later than six months after completing the program.

(f) In addition to funding provided under Subsection (a), a nonprofit entity granted a charter under this subchapter is entitled to receive for the adult education program an annual allotment, provided in accordance with a schedule established by commissioner rule, equal to the maximum basic allotment under Section 48.051(a) or (b) multiplied by:

(1) for each credit earned by a student enrolled in the adult education program during the preceding school year:

(A) 0.01 for a course other than a career and technology education course; and

(B) 0.02 for a career and technology education course; and

(2) 0.1 for each student who successfully completed the adult education program and earned a high school diploma during the preceding school year.

(g) [(k)] Sections 12.107 and 12.128 apply as though funds under this section were funds under Subchapter D[, Chapter 12].

SECTION 16. Section 29.259(r), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.264, Education Code, and amended to read as follows:

Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. [(r)] The commissioner or an adult education program operated under a charter granted under this subchapter [section] may accept gifts, grants, or donations from any public or private source to be used for purposes of this subchapter [section].

SECTION 17. Section 29.259(m), Education Code, is transferred to Subchapter G, Chapter 12, Education Code, as added by this Act, redesignated as Section 12.265, Education Code, and amended to read as follows:

Sec. 12.265. RULES. (a) [(m)] The commissioner shall adopt rules necessary to administer the program under this subchapter, including rules to implement and administer:

(1) the reporting requirements under Section 12.252(b)(2)(A); and

(2) the evaluation provisions under Section 12.262 [section].

(b) In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this subchapter [section] that provides for adult education.

SECTION 18. 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 the adult [a] high school [diploma and industry certification] charter school program under Subchapter G [Section 29.259].

SECTION 19. Section 29.081(d), Education Code, as amended by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), Acts of the 86th Legislature, Regular Session, 2019, is reenacted and 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) was not advanced from one grade level to the next for one or more school years;

(B) 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) 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) 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) is pregnant or is a parent;

(F) has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;

(G) has been expelled in accordance with Section 37.007 during the preceding or current school year;

(H) is currently on parole, probation, deferred prosecution, or other conditional release;

(I) was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;

(J) is a student of limited English proficiency, as defined by Section 29.052;

(K) 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) is homeless;

(M) 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

(N) [(14)] has been incarcerated or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Section 1.07, Penal Code; or

(2) regardless of the student's age, participates in an adult education program provided under the adult [a] high school [diploma and industry certification] charter school program under Subchapter G, Chapter 12 [Section 29.259].

SECTION 20. (a) Effective September 1, 2021, Section 48.003(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 18 years of age and under 26 years of age and is enrolled in an adult education program provided under the adult high school [diploma and industry certification] charter school program under Subchapter G, Chapter 12 [Section 29.259].

(b) Effective September 1, 2023, Section 48.003(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 18 years of age and under 50 [26] years of age and is enrolled in an adult education program provided under the adult high school [diploma and industry certification] charter school program under Subchapter G, Chapter 12 [Section 29.259].

SECTION 21. Section 48.005(j), Education Code, is amended to read as follows:

(j) A district or charter school is eligible to earn full average daily attendance under Subsection (a) if the district or school provides at least 43,200 minutes of instructional time to students enrolled in:

(1) a dropout recovery school or program operating under Section 12.1141(c) or Section 39.0548;

(2) an alternative education program operating under Section 37.008;

(3) a school program located at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital;

(4) a school program offered at a correctional facility; or

(5) a school operating under Subchapter G, Chapter 12 [Section 29.259].

SECTION 22. The following provisions of the Education Code are repealed:

(1) the section heading to Section 29.259; and

(2) Section 29.259(q).

SECTION 23. This Act applies beginning with the 2021-2022 school year.

SECTION 24. Not later than November 1, 2022, the advisory committee established under Section 12.254, Education Code, as added by this Act, shall submit its initial recommendations to the commissioner of education.

SECTION 25. (a) A charter granted to a nonprofit entity under former Section 29.259, Education Code, before the effective date of this Act continues to be valid after the transfer, redesignation, and amendment of that section as provided by this Act, until September 1, 2025. The entity must apply for a renewal of the charter under Subchapter G, Chapter 12, Education Code, as added by this Act, to continue operating the charter on or after September 1, 2025.

(b) A nonprofit entity granted a charter under former Section 29.259, Education Code, may transfer the charter to another nonprofit entity subject to the approval of the commissioner of education. Subchapter G, Chapter 12, Education Code, as added by this Act, applies to a charter transferred under this subsection on the date of the transfer.

SECTION 26. To the extent of any conflict, this Act prevails over another Act of the 87th Legislature, Regular Session, 2021, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 27. Except as otherwise provided by this Act, 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.