Texas 2019 - 86th Regular

Texas House Bill HB3683 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R26863 SRS-F
1	2		By: Dutton H.B. No. 3683
	3	+	Substitute the following for H.B. No. 3683:
	4	+	By: Sanford C.S.H.B. No. 3683
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to authorizing a dropout recovery competency-based
7	10		educational pilot program provided through a campus or campus
8	11		program charter or open-enrollment charter school.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Chapter 12, Education Code, is amended by adding
11	14		Subchapter F to read as follows:
12	15		SUBCHAPTER F. DROPOUT RECOVERY COMPETENCY-BASED EDUCATIONAL
13	16		PILOT PROGRAM
14		-	Sec. 12.201. DEFINITION. In this subchapter
15		-	, "program"
16		-	means a dropout recovery competency-based educational pilot
17		-	program authorized under this subchapter.
	17	+	Sec. 12.201. DEFINITION. In this section, "program" means
	18	+	a dropout recovery competency-based educational pilot program
	19	+	authorized under this subchapter.
18	20		Sec. 12.202. PROGRAM AUTHORIZATION. (a) For the purpose of
19	21		offering during the 2020-2021 school year a dropout recovery
20	22		competency-based educational pilot program to serve eligible
21	23		students described by Section 12.203, the commissioner, subject to
22	24		Subsection (b), may:
23	25		(1) on the basis of an application submitted, grant a
24	26		charter to an eligible entity for an open-enrollment charter school
25	27		under Subchapter D to provide the program;
26	28		(2) authorize an open-enrollment charter school that
27	29		has been granted a charter under Subchapter D to provide the
28	30		program; or
29	31		(3) authorize a campus or campus program that has been
30	32		granted a charter under Subchapter C to provide the program.
31	33		(b) To qualify for authorization under this subchapter, a
32	34		program must:
33	35		(1) serve students in grades 9 through 12 and have an
34	36		enrollment of which at least 50 percent of the students are 17 years
35	37		of age or older as of September 1 of the school year as reported for
36	38		the fall semester Public Education Information Management System
37	39		(PEIMS) submission; and
38	40		(2) meet the eligibility requirements for and register
39	41		under alternative education accountability procedures adopted by
40	42		the commissioner.
41	43		Sec. 12.203. ELIGIBLE STUDENT. A student is eligible to
42	44		enroll in a program offered under this subchapter if the student is
43	45		at least 14 years of age and under 26 years of age on September 1 of
44	46		the school year and meets one or more of the following criteria:
45	47		(1) the student was reported through the Public
46	48		Education Information Management System (PEIMS) or another state to
47	49		have dropped out of school, including a student who has previously
48	50		dropped out of school;
49	51		(2) the student is a student at risk of dropping out of
50	52		school under the circumstances described by Section 29.081(d)(1),
51	53		(2), (3), (5), or (10);
52	54		(3) the student has been previously placed in a
53	55		disciplinary alternative education program under Section 37.006
54	56		during the previous or current school year based on the Public
55	57		Education Information Management System (PEIMS) submissions or
56	58		other supporting documentation;
57	59		(4) the student has been expelled under Section 37.007
58	60		during the previous four school years or the current school year;
59	61		(5) the student is currently on parole, probation,
60	62		deferred prosecution, deferred adjudication, or other conditional
61	63		release;
62	64		(6) the student is currently in the custody or care of
63	65		the Department of Family and Protective Services or has been
64	66		referred to the department during the previous or current school
65	67		year by a school official, officer of a juvenile court, or law
66	68		enforcement official;
67	69		(7) the student has been previously or is currently
68	70		homeless as defined by 42 U.S.C. Section 11302 or within the meaning
69	71		of the term "homeless children and youths" under 42 U.S.C. Section
70	72		11434a, as applicable;
71	73		(8) the student resided at any time or currently
72	74		resides in a residential care facility, including a detention
73	75		facility, substance abuse treatment facility, emergency shelter,
74	76		psychiatric hospital, halfway house, cottage home operation,
75	77		specialized child-care home, or general residential operation;
76	78		(9) the student is employed and working for pay at
77	79		least 15 hours or more each week to provide individual support or to
78	80		support the student's family;
79	81		(10) the student is ordered by a court to attend a high
80	82		school equivalency certificate program but has not yet earned the
81	83		certificate or a high school diploma;
82	84		(11) the student has previously been placed on a
83	85		personal graduation plan under Section 28.0212 or an intensive
84	86		program of instruction under Section 28.0213; or
85	87		(12) the student or the parent of or person standing in
86	88		parental relation to the student certifies to the school that the
87	89		student would benefit from the program to otherwise avoid dropping
88	90		out of school due to extenuating family circumstances or
89	91		responsibilities, including to provide medical or caregiving
90	92		services to a family member or to provide individual support or to
91	93		support the student's family.
92	94		Sec. 12.204. ELIGIBILITY FOR DIPLOMA. (a) A student
93	95		enrolled in a program under this subchapter may earn high school
94	96		course credits and receive a high school diploma if the student
95	97		successfully completes the curriculum requirements described under
96	98		Section 28.025.
97	99		(b) The commissioner by rule shall establish the
98	100		requirements to demonstrate satisfactory completion of the
99	101		program, including:
100	102		(1) successful completion of coursework to satisfy
101	103		curriculum requirements under the program; and
102	104		(2) successful performance on an examination under
103	105		Section 28.023 to demonstrate mastery of the curriculum.
104	106		Sec. 12.205. OPERATION OF PROGRAM. (a) An open-enrollment
105	107		charter school or campus or campus program authorized to operate a
106	108		program under this subchapter shall create an educational calendar
107	109		and class schedule for the program's operation that provides for
108	110		flexibility in class scheduling and student attendance. The
109	111		commissioner shall approve reasonable exceptions to accommodate
110	112		program scheduling and achieve the program's purpose.
111	113		(b) An open-enrollment charter school or a campus or campus
112	114		program authorized to operate a program under this subchapter shall
113	115		have an audit of the operations of the program, including the
114	116		financial operations, conducted at the authorized entity's
115	117		expense. The audit must be conducted by an independent certified
116	118		public accountant.
117	119		(c) For purposes of conducting an audit under this section,
118	120		the commissioner by rule shall establish requirements for verifying
119	121		course credits earned by program students.
120	122		Sec. 12.206. ACCOUNTABILITY. A program under this
121	123		subchapter shall be evaluated under Section 39.0548 and as provided
122	124		by commissioner rule.
123	125		Sec. 12.207. FUNDING. (a) An open-enrollment charter
124	126		school or campus or campus program authorized to operate a program
125	127		under this subchapter is entitled to receive full state funding as
126	128		provided by Section 12.106, provided that, for purposes of this
127	129		subchapter, the commissioner shall by rule determine a method to
128	130		calculate average daily attendance based on:
129	131		(1) a student's successful completion of a number of
130	132		courses as determined by commissioner rule; and
131	133		(2) a student's hours of contact time with the school.
132	134		(b) The method under Subsection (a) must provide for a
133	135		proportionate reduction in funding if a student fails to
134	136		successfully complete the number of courses determined under
135	137		Subsection (a)(1).
136	138		(c) An open-enrollment charter school or a campus or campus
137	139		program authorized to operate a program under this subchapter may
138	140		receive additional funds appropriated by the legislature for:
139	141		(1) an intensive program of instruction to the same
140	142		extent as a program under Section 28.0213; or
141	143		(2) accelerated instruction to the same extent as a
142	144		program under Section 28.0217.
143	145		Sec. 12.208. PROGRAM REPORTING SYSTEM. (a) The
144	146		commissioner by rule shall develop:
145	147		(1) a system for each open-enrollment charter school
146	148		and a campus or campus program authorized to operate a program under
147	149		this subchapter to report information relating to the program as
148	150		directed by the commissioner; and
149	151		(2) to the extent practicable, a monthly funding
150	152		schedule.
151	153		(b) Before developing the system and schedule under
152	154		Subsection (a) and in an effort to best serve the interests and
153	155		needs of eligible students under this subchapter, the commissioner
154	156		shall solicit input from approved charter schools that currently
155	157		operate dropout recovery programs.
156	158		Sec. 12.209. RULES; WAIVERS. (a) The commissioner shall
157	159		adopt rules necessary to implement and administer this subchapter.
158	160		(b) The commissioner may waive any requirement under this
159	161		code to facilitate the purposes of this subchapter.
160	162		Sec. 12.210. REPORT. Not later than December 1, 2021, the
161	163		commissioner shall submit a report to the legislature that:
162	164		(1) evaluates the implementation of this subchapter;
163	165		and
164	166		(2) makes recommendations regarding any legislative
165	167		or other action.
166	168		Sec. 12.211. EXPIRATION. This subchapter expires December
167	169		1, 2021.
168	170		SECTION 2. This Act applies beginning with the 2020-2021
169	171		school year.
170	172		SECTION 3. This Act takes effect immediately if it receives
171	173		a vote of two-thirds of all the members elected to each house, as
172	174		provided by Section 39, Article III, Texas Constitution. If this
173	175		Act does not receive the vote necessary for immediate effect, this
174	176		Act takes effect September 1, 2019.