83R24098 PAM-D
By: Duncan, et al. S.B. No. 1142
(J. Davis of Harris, Deshotel, Huberty, Farney,
Murphy)
A BILL TO BE ENTITLED
AN ACT
relating to an adult high school diploma and industry certification
charter school pilot program for adults 19 to 50 years of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 29, Education Code, is
amended by adding Section 29.259 to read as follows:
Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
CERTIFICATION CHARTER SCHOOL PILOT PROGRAM. (a) In this section,
"adult education" means services and instruction provided below the
college level for adults by a nonprofit entity described by
Subsection (e).
(b) The commissioner shall establish an adult high school
diploma and industry certification charter school pilot program as
provided by this section as a strategy for meeting industry needs
for a sufficiently trained workforce within the state.
(c) The agency shall adopt and administer a standardized
secondary exit-level assessment instrument appropriate for
assessing adult education program participants who successfully
complete high school curriculum requirements under a program
provided under this section. The commissioner shall determine the
level of performance considered to be satisfactory on the secondary
exit-level assessment instrument for receipt of a high school
diploma by an adult education program participant in a program
provided under this section.
(d) Notwithstanding any other law and in addition to the
number of charters allowed under Subchapter D, Chapter 12, a
charter under the pilot program may, on the basis of an application
submitted, be granted to a single nonprofit entity described by
Subsection (e) to provide an adult education program for not more
than 150 individuals described by 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.
(e) A nonprofit entity may be granted a charter under this
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 circumstances; and
(2) agrees to commit at least $1 million to the adult
education program offered.
(f) A nonprofit entity granted a charter under this section
may partner with a public junior college to provide career and
technology courses that lead to industry certification.
(g) A person who is at least 19 years of age and not more
than 50 years of age is eligible to enroll in the adult education
program under this section if the person has not earned a high
school equivalency certificate and:
(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.
(h) The nonprofit entity must include in its charter
application the information required by Subsection (i).
(i) A charter granted under this section must:
(1) include a description of the adult education
program to be offered under this section; and
(2) establish specific, objective standards for
receiving a high school diploma, including satisfactory
performance on the standardized secondary exit-level assessment
instrument described by Subsection (c).
(j) Funding for an adult education program under this
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 pilot 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 19 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.
(k) Sections 12.107 and 12.128 apply as though funds under
this section were funds under Subchapter D, Chapter 12.
(l) Not later than December 1 of each even-numbered year,
beginning December 1, 2016, the agency shall prepare and deliver to
the governor, lieutenant governor, speaker of the house of
representatives, and presiding officer of each standing
legislative committee with primary jurisdiction over public
education or economic development a report that:
(1) evaluates any adult education program operated
under a charter granted under this section; and
(2) makes recommendations regarding the abolition,
continuation, or expansion of the pilot program.
(m) The commissioner shall adopt rules necessary to
administer the pilot program under this section. In adopting
rules, the commissioner may modify charter school requirements only
to the extent necessary for the administration of a charter school
under this section that provides for adult education.
SECTION 2. Section 42.003(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 19 years of age and under 26 years of
age and is enrolled in an adult high school diploma and industry
certification charter school pilot program under Section 29.259.
SECTION 3. This Act takes effect September 1, 2013.