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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. |
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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 60 [50] percent of the students are |
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16 [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. Section 39.0548(a), Education Code, is amended |
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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: |
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(A) serves students in grades 9 through 12 and |
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has an enrollment of which at least 60 [50] percent of the students |
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are 16 [17] years of age or older as of September 1 of the school |
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year as reported for the fall semester Public Education Information |
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Management System (PEIMS) submission; or |
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(B) applies for and receives designation as a |
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dropout recovery school in accordance with commissioner rule; 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 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |