S.B. No. 1615
 
 
 
 
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.  (a) Effective September 1, 2021, 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)  Funding for an adult education program operated under
  this subchapter shall be provided in accordance with the average
  daily attendance hold harmless provisions and guidance regarding
  remote instruction implemented by the agency for the 2020-2021
  school year. This subsection expires September 1, 2023.
         (b) [(k)]  Sections 12.107 and 12.128 apply as though funds
  under this section were funds under Subchapter D[, Chapter 12].
         (b)  Effective September 1, 2023, 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.
         (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.  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.  The Texas Education Agency is required to
  implement a provision of this Act only if the legislature
  appropriates money specifically for that purpose.  If the
  legislature does not appropriate money specifically for that
  purpose, the Texas Education Agency may, but is not required to,
  implement a provision of this Act using other appropriations
  available for that purpose.
         SECTION 27.  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 28.  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1615 passed the Senate on
  April 22, 2021, by the following vote:  Yeas 28, Nays 3.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1615 passed the House on
  May 11, 2021, by the following vote:  Yeas 124, Nays 19, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor