88R10284 KJE-D
 
  By: Dutton H.B. No. 3432
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to dropout recovery education programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.081, Education Code, is amended by
  amending Subsections (e), (e-1), (e-2), and (f) and adding
  Subsections (e-3), (e-4), (e-5), and (e-6) to read as follows:
         (e)  A school district or open-enrollment charter school may
  use a private or public community-based dropout recovery education
  program or education management organization to provide
  alternative education programs for students at risk of dropping out
  of school.  The program may be offered in person at a campus,
  remotely, or through a hybrid of in-person and remote instruction[:
               [(1)  at a campus; or
               [(2)  through the use of an Internet online program
  that leads to a high school diploma and prepares the student to
  enter the workforce].
         (e-1)  An in-person, [A] campus-based dropout recovery
  education program must:
               (1)  provide not less than four hours of instructional
  time per day;
               (2)  employ as teachers only [faculty and
  administrators] persons certified under Subchapter B, Chapter 21 
  [with baccalaureate or advanced degrees];
               (3)  provide at least one instructor for each 28
  students;
               (4)  perform satisfactorily according to performance
  indicators and accountability standards adopted for alternative
  education programs by the commissioner; and
               (5)  comply with this title and rules adopted under
  this title except as otherwise provided by this subsection.
         (e-2)  A remote or hybrid [An Internet online] dropout
  recovery education program must:
               (1)  include as a part of its curriculum credentials,
  certifications, or other course offerings that relate directly to
  employment opportunities in the state;
               (2)  employ as teachers only [faculty and
  administrators] persons certified under Subchapter B, Chapter 21 
  [with baccalaureate or advanced degrees];
               (3)  provide an academic coach and local advocate for
  each student;
               (4)  use an individual learning plan to monitor each
  student's progress;
               (5)  establish satisfactory requirements for the
  monthly progress of students according to standards set by the
  commissioner;
               (6)  provide a monthly report to the student's school
  district or open-enrollment charter school regarding the student's
  progress;
               (7)  perform satisfactorily according to performance
  indicators and accountability standards adopted for alternative
  education programs by the commissioner; [and]
               (8)  operate an in-person student engagement center at
  a location suitable for high school students; and 
               (9)  comply with this title and rules adopted under
  this title except as otherwise provided by this subsection.
         (e-3)  A dropout recovery education program under Subsection
  (e):
               (1)  may be operated only by an entity that is
  accredited by the agency or a regional accrediting agency;
               (2)  must offer or provide referrals for mental health
  services to students enrolled in the program; and
               (3)  may not market directly to students enrolled in a
  traditional education program.
         (e-4)  A school district or open-enrollment charter school
  may operate one campus-based dropout recovery education program
  under Subsection (e) for all students in the district or school.
         (e-5)  A school district or open-enrollment charter school
  administrator or school counselor may refer a student to a dropout
  recovery education program under Subsection (e) if the
  administrator or counselor determines that enrollment in the
  program could prevent the student from dropping out of school.
         (e-6)  Each year, a school district or open-enrollment
  charter school shall post on the district's or school's Internet
  website a report on measurable outcomes for each dropout recovery
  education program under Subsection (e) offered by the district or
  school.  The report must include the percentage of students
  enrolled in the program during the preceding school year who
  attained each of the following outcomes:
               (1)  transfer to a traditional education program;
               (2)  successful completion of the program;
               (3)  dual credit; or
               (4)  a credential of value.
         (f)  The commissioner shall include a student who
  successfully completes a course offered through [students in
  attendance in] a program under Subsection (e) in the computation of
  the district's or school's average daily attendance with a 100
  percent attendance rate for funding purposes.
         SECTION 2.  Section 39.023, Education Code, is amended by
  amending Subsection (c-3) and adding Subsection (c-10) to read as
  follows:
         (c-3)  Except as provided by Subsection (c-7) or (c-10) or as
  otherwise provided by this subsection, in adopting a schedule for
  the administration of assessment instruments under this section,
  the State Board of Education shall ensure that assessment
  instruments administered under Subsection (a) or (c) are not
  administered on the first instructional day of a week.  On request
  by a school district or open-enrollment charter school, the
  commissioner may allow the district or school to administer an
  assessment instrument required under Subsection (a) or (c) on the
  first instructional day of a week if administering the assessment
  instrument on another instructional day would result in a
  significant administrative burden due to specific local
  conditions.
         (c-10)  An entity that operates a dropout recovery education
  program under Section 29.081(e) may administer an assessment
  instrument under this section on any date selected by the entity.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  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, 2023.