Texas 2019 - 86th Regular

Texas House Bill HB1051 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1051
	1	+	By: VanDeaver, et al. (Senate Sponsor - Watson) H.B. No. 1051
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on
	4	+	Education; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 11, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1051 By: Watson
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to an adult education program provided under an adult high
6	14		school diploma and industry certification charter school program
7	15		and reporting requirements regarding certain students.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 12.137(a), Education Code, is amended to
10	18		read as follows:
11	19		(a) This section applies only to:
12	20		(1) an open-enrollment charter school designated as a
13	21		dropout recovery school as described by Section 12.1141(c) if the
14	22		enrollment of the school consists only of students 17 years of age
15	23		and older; and
16	24		(2) an adult education program provided under a high
17	25		school diploma and industry certification charter school [pilot]
18	26		program under Section 29.259.
19	27		SECTION 2. Sections 29.081(d) and (d-1), Education Code,
20	28		are amended to read as follows:
21	29		(d) For purposes of this section, "student at risk of
22	30		dropping out of school" includes each student who:
23	31		(1) is under 26 years of age and who:
24	32		(A) [(1)] was not advanced from one grade level
25	33		to the next for one or more school years;
26	34		(B) [(2)] if the student is in grade 7, 8, 9, 10,
27	35		11, or 12, did not maintain an average equivalent to 70 on a scale of
28	36		100 in two or more subjects in the foundation curriculum during a
29	37		semester in the preceding or current school year or is not
30	38		maintaining such an average in two or more subjects in the
31	39		foundation curriculum in the current semester;
32	40		(C) [(3)] did not perform satisfactorily on an
33	41		assessment instrument administered to the student under Subchapter
34	42		B, Chapter 39, and who has not in the previous or current school
35	43		year subsequently performed on that instrument or another
36	44		appropriate instrument at a level equal to at least 110 percent of
37	45		the level of satisfactory performance on that instrument;
38	46		(D) [(4)] if the student is in prekindergarten,
39	47		kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
40	48		a readiness test or assessment instrument administered during the
41	49		current school year;
42	50		(E) [(5)] is pregnant or is a parent;
43	51		(F) [(6)] has been placed in an alternative
44	52		education program in accordance with Section 37.006 during the
45	53		preceding or current school year;
46	54		(G) [(7)] has been expelled in accordance with
47	55		Section 37.007 during the preceding or current school year;
48	56		(H) [(8)] is currently on parole, probation,
49	57		deferred prosecution, or other conditional release;
50	58		(I) [(9)] was previously reported through the
51	59		Public Education Information Management System (PEIMS) to have
52	60		dropped out of school;
53	61		(J) [(10)] is a student of limited English
54	62		proficiency, as defined by Section 29.052;
55	63		(K) [(11)] is in the custody or care of the
56	64		Department of Family and Protective Services or has, during the
57	65		current school year, been referred to the department by a school
58	66		official, officer of the juvenile court, or law enforcement
59	67		official;
60	68		(L) [(12)] is homeless, as defined by 42 U.S.C.
61	69		Section 11302, and its subsequent amendments; or
62	70		(M) [(13)] resided in the preceding school year
63	71		or resides in the current school year in a residential placement
64	72		facility in the district, including a detention facility, substance
65	73		abuse treatment facility, emergency shelter, psychiatric hospital,
66	74		halfway house, cottage home operation, specialized child-care
67	75		home, or general residential operation; or
68	76		(2) regardless of the student's age, participates in
69	77		an adult education program provided under a high school diploma and
70	78		industry certification charter school program under Section
71	79		29.259.
72	80		(d-1) Notwithstanding Subsection (d)(1)(A) [(d)(1)], a
73	81		student is not considered a student at risk of dropping out of
74	82		school if the student did not advance from prekindergarten or
75	83		kindergarten to the next grade level only as the result of the
76	84		request of the student's parent.
77	85		SECTION 3. The heading for Section 29.259, Education Code,
78	86		is amended to read as follows:
79	87		Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
80	88		CERTIFICATION CHARTER SCHOOL [PILOT] PROGRAM.
81	89		SECTION 4. Section 29.259, Education Code, is amended by
82	90		amending Subsections (b), (g), (j), and (m) and adding Subsections
83	91		(g-1), (i-1), and (i-2) to read as follows:
84	92		(b) The commissioner shall establish an adult high school
85	93		diploma and industry certification charter school [pilot] program
86	94		as provided by this section as a strategy for meeting industry needs
87	95		for a sufficiently trained workforce within the state.
88	96		(g) A person who is at least 18 [19] years of age and not
89	97		more than 50 years of age is eligible to enroll in the adult
90	98		education program under this section if the person [has not earned a
91	99		high school equivalency certificate and]:
92	100		(1) has failed to complete the curriculum requirements
93	101		for high school graduation; or
94	102		(2) has failed to perform satisfactorily on an
95	103		assessment instrument required for high school graduation.
96	104		(g-1) In admitting students to the adult education program
97	105		under this section, the nonprofit entity shall give priority to a
98	106		person who has not earned a high school equivalency certificate.
99	107		(i-1) The adult education program offered under this
100	108		section must:
101	109		(1) use an instructional model in which at least 75
102	110		percent of instruction is delivered by a teacher in an in-person,
103	111		interactive classroom setting; and
104	112		(2) provide support services to students, including:
105	113		(A) child care at no cost to students;
106	114		(B) life coaching services, at a ratio not to
107	115		exceed one life coach for every 100 students, that use strategic and
108	116		holistic interventions designed to facilitate graduation planning
109	117		and assist students in overcoming life obstacles to achieve
110	118		academic and career goals;
111	119		(C) mental health counseling; and
112	120		(D) for students with identified disabilities or
113	121		impairments, instructional support services.
114	122		(i-2) If money is appropriated for a state fiscal year for
115	123		expansion of the program under this section, not later than June 30
116	124		of the state fiscal year in which the appropriation is made, the
117	125		nonprofit entity granted a charter under this section must submit
118	126		any request for approval of an expansion amendment. The expansion
119	127		amendment is considered approved if the commissioner does not
120	128		provide written notice to the nonprofit entity of the disapproval
121	129		of the expansion amendment on or before August 1.
122	130		(j) Funding for an adult education program under this
123	131		section is provided based on the following:
124	132		(1) for participants who are 26 years of age and older,
125	133		an amount per participant from available general revenue funds
126	134		appropriated for the [pilot] program equal to the statewide average
127	135		amount of state funding per student in weighted average daily
128	136		attendance that would be allocated under the Foundation School
129	137		Program to an open-enrollment charter school under Section 12.106
130	138		were the student under 26 years of age; and
131	139		(2) for participants who are at least 18 [19] years of
132	140		age and under 26 years of age, an amount per participant through the
133	141		Foundation School Program equal to the amount of state funding per
134	142		student in weighted average daily attendance that would be
135	143		allocated under the Foundation School Program for the student's
136	144		attendance at an open-enrollment charter school in accordance with
137	145		Section 12.106.
138	146		(m) The commissioner shall adopt rules necessary to
139	147		administer the [pilot] program under this section. In adopting
140	148		rules, the commissioner may modify charter school requirements only
141	149		to the extent necessary for the administration of a charter school
142	150		under this section that provides for adult education.
143	151		SECTION 5. Section 29.259(d), Education Code, as amended by
144	152		Chapter 98 (S.B. 276), Acts of the 85th Legislature, Regular
145	153		Session, 2017, is reenacted and amended to read as follows:
146	154		(d) Notwithstanding any other law and in addition to the
147	155		number of charters allowed under Subchapter D, Chapter 12, the
148	156		commissioner may, on the basis of an application submitted, grant a
149	157		charter under the [pilot] program to a single nonprofit entity
150	158		described by Subsection (e) to provide an adult education program
151	159		for individuals described by Subsection (g) to successfully
152	160		complete:
153	161		(1) a high school program that can lead to a diploma;
154	162		and
155	163		(2) career and technology education courses that can
156	164		lead to industry certification.
157	165		SECTION 6. Section 39.053, Education Code, is amended by
158	166		adding Subsection (g-4) to read as follows:
159	167		(g-4) For purposes of the computation of dropout and
160	168		completion rates such as high school graduation rates under
161	169		Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
162	170		who was reported as having dropped out of school under Section
163	171		42.006(a-9), and the student may not be considered to have dropped
164	172		out from the school district or campus in which the student was last
165	173		enrolled.
166	174		SECTION 7. Section 42.003(a), Education Code, is amended to
167	175		read as follows:
168	176		(a) A student is entitled to the benefits of the Foundation
169	177		School Program if, on September 1 of the school year, the student:
170	178		(1) is 5 years of age or older and under 21 years of age
171	179		and has not graduated from high school, or is at least 21 years of
172	180		age and under 26 years of age and has been admitted by a school
173	181		district to complete the requirements for a high school diploma; or
174	182		(2) is at least 18 [19] years of age and under 26 years
175	183		of age and is enrolled in an adult high school diploma and industry
176	184		certification charter school [pilot] program under Section 29.259.
177	185		SECTION 8. Section 42.006, Education Code, is amended by
178	186		adding Subsections (a-8) and (a-9) to read as follows:
179	187		(a-8) The commissioner by rule shall require each school
180	188		district and open-enrollment charter school to annually report
181	189		through the Public Education Information Management System
182	190		information regarding the number of students who are enrolled in a
183	191		high school equivalency program, a dropout recovery school, or an
184	192		adult education program provided under a high school diploma and
185	193		industry certification charter school program provided by the
186	194		district or school and who:
187	195		(1) are at least 18 years of age and under 26 years of
188	196		age;
189	197		(2) have not previously been reported to the agency as
190	198		dropouts; and
191	199		(3) enroll in the program at the district or school
192	200		after not attending school for a period of at least nine months.
193	201		(a-9) A student reported under Subsection (a-8) as having
194	202		enrolled in a high school equivalency program, a dropout recovery
195	203		school, or an adult education program provided under a high school
196	204		diploma and industry certification charter school program must be
197	205		reported through the Public Education Information Management
198	206		System as having previously dropped out of school.
199	207		SECTION 9. This Act applies beginning with the 2019-2020
200	208		school year.
201	209		SECTION 10. To ensure accurate funding for students
202	210		enrolled in an adult high school diploma and industry certification
203	211		charter school program under Section 29.259, Education Code, as
204	212		amended by this Act, and the accurate collection, analysis, and
205	213		reporting of information regarding those students, as soon as
206	214		practicable after the effective date of this Act, the commissioner
207	215		of education shall update the Public Education Information
208	216		Management System as necessary to accommodate the reporting through
209	217		the system of information regarding students who are at least 26
210	218		years of age and not more than 50 years of age enrolled in such
211	219		programs.
212	220		SECTION 11. This Act takes effect immediately if it
213	221		receives a vote of two-thirds of all the members elected to each
214	222		house, as provided by Section 39, Article III, Texas Constitution.
215	223		If this Act does not receive the vote necessary for immediate
216	224		effect, this Act takes effect September 1, 2019.
217		-	______________________________ ______________________________
218		-	President of the Senate Speaker of the House
219		-	I certify that H.B. No. 1051 was passed by the House on April
220		-	17, 2019, by the following vote: Yeas 129, Nays 13, 2 present, not
221		-	voting; and that the House concurred in Senate amendments to H.B.
222		-	No. 1051 on May 24, 2019, by the following vote: Yeas 135, Nays 6,
223		-	2 present, not voting.
224		-	______________________________
225		-	Chief Clerk of the House
226		-	I certify that H.B. No. 1051 was passed by the Senate, with
227		-	amendments, on May 21, 2019, by the following vote: Yeas 30, Nays
228		-	1.
229		-	______________________________
230		-	Secretary of the Senate
231		-	APPROVED: __________________
232		-	Date
233		-	__________________
234		-	Governor
	225	+	* * * * *