83R12726 CAE-F By: Dutton H.B. No. 3358 A BILL TO BE ENTITLED AN ACT relating to an open-enrollment charter high school designed to prevent students from dropping out of school. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 12, Education Code, is amended by adding Subchapter D-1 to read as follows: SUBCHAPTER D-1. DROPOUT PREVENTION AND RECOVERY OPEN-ENROLLMENT CHARTER HIGH SCHOOL Sec. 12.141. DEFINITION. In this subchapter, "charter high school" means a dropout prevention and recovery open-enrollment charter high school. Sec. 12.142. CHARTER HIGH SCHOOL. (a) To serve the needs of at-risk students, improve the quality of the available workforce, and increase student success rates in obtaining and maintaining employment, a school that qualifies as an open-enrollment charter school under Subchapter D may apply to the commissioner to be designated a dropout prevention and recovery open-enrollment charter high school and be made subject to modified accountability system requirements as provided by this subchapter. The commissioner shall adopt a form to be used for an application under this section. (b) An application by an open-enrollment charter school to be designated a charter high school as provided by this subchapter shall be approved if: (1) 50 percent or more of the charter school's students are 17 years of age or older; and (2) 75 percent or more of the charter school's students are considered to be at risk of dropping out of school as provided by Section 29.081. Sec. 12.143. ASSESSMENT AND ACCOUNTABILITY OF CHARTER HIGH SCHOOL. (a) Provisions of this title and other laws applicable to open-enrollment charter schools under Section 12.104 apply to a charter high school, except a student who enrolls at a charter high school is not included in calculating the dropout or completion rates for the school unless the student remains enrolled for at least 20 school days. (b) In assessing the completion rate for students and measuring the success of a charter high school in educating older students otherwise excluded from the calculation of the completion rate under guidelines of the National Center for Education Statistics of the United States Department of Education, a charter high school may request that the commissioner include all students who graduate from the charter high school in the calculation of the school's completion rate. If requested, the charter high school's completion rate shall be calculated by dividing the sum of graduates, high school equivalency certificate recipients, and students continuing to attend the school by the sum of graduates, high school equivalency certificate recipients, students continuing to attend the school, and former students who are dropouts. (c) The commissioner may adopt a set of indicators to measure the quality of learning and student achievement at a charter high school. (d) A charter high school is responsible for reporting information required by the commissioner under this section, performing the calculation specified in Subsection (b), and covering all reasonable costs incurred by the commissioner in verifying the required information and calculation. Sec. 12.144. RULES. The commissioner may adopt rules necessary to implement this subchapter. SECTION 2. This Act applies beginning with the 2013-2014 school year. SECTION 3. 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, 2013.