| 1 | 1 | | 86R14280 MP-F |
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| 2 | 2 | | By: Deshotel H.B. No. 3941 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to online adult high school diploma programs. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 29, Education Code, is |
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| 10 | 10 | | amended by adding Section 29.0871 to read as follows: |
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| 11 | 11 | | Sec. 29.0871. ONLINE ADULT HIGH SCHOOL DIPLOMA PROGRAMS. |
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| 12 | 12 | | (a) The agency shall develop a process by which an eligible |
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| 13 | 13 | | provider may apply to the commissioner for authority to operate an |
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| 14 | 14 | | online adult high school diploma program for eligible students to |
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| 15 | 15 | | obtain a high school diploma. An eligible provider must be |
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| 16 | 16 | | accredited by a research-based, nationally recognized, and |
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| 17 | 17 | | universally accessible accreditation system approved by the |
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| 18 | 18 | | commissioner. |
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| 19 | 19 | | (b) Any eligible provider may apply for authorization to |
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| 20 | 20 | | operate an online adult high school diploma program under this |
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| 21 | 21 | | section. As part of the application process, the commissioner shall |
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| 22 | 22 | | require an eligible provider to provide information regarding the |
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| 23 | 23 | | operation of any similar program during the preceding five years. |
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| 24 | 24 | | (c) A student is eligible to participate in an online adult |
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| 25 | 25 | | high school diploma program authorized under this section if the |
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| 26 | 26 | | student: |
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| 27 | 27 | | (1) resides in this state; |
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| 28 | 28 | | (2) is 19 years of age or older; |
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| 29 | 29 | | (3) was unable to satisfy the high school graduation |
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| 30 | 30 | | requirements in place at the time the student would have normally |
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| 31 | 31 | | graduated from high school; |
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| 32 | 32 | | (4) is unable to satisfy the high school graduation |
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| 33 | 33 | | requirements of any other program offered under this title; and |
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| 34 | 34 | | (5) meets any other requirements as determined by the |
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| 35 | 35 | | commissioner. |
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| 36 | 36 | | (d) A student participating in an online adult high school |
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| 37 | 37 | | diploma program authorized under this section must have taken the |
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| 38 | 38 | | appropriate end-of-course assessment instruments specified by |
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| 39 | 39 | | Section 39.023(c) before entering the program and must take each |
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| 40 | 40 | | appropriate end-of-course assessment instrument administered |
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| 41 | 41 | | during the period in which the student is enrolled in the program. |
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| 42 | 42 | | (e) A student enrolled in an online adult high school |
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| 43 | 43 | | diploma program authorized under this section may not participate |
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| 44 | 44 | | in a competition or other activity sanctioned or conducted by the |
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| 45 | 45 | | University Interscholastic League. |
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| 46 | 46 | | (f) A student who enrolls in an online adult high school |
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| 47 | 47 | | diploma program authorized under this section is entitled to the |
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| 48 | 48 | | benefits of the Foundation School Program under Section 42.003 in |
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| 49 | 49 | | the same manner as any other student who has not received a high |
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| 50 | 50 | | school diploma. |
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| 51 | 51 | | (g) For purposes of funding under Chapters 41, 42, and 46, a |
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| 52 | 52 | | student attending an online adult high school diploma program |
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| 53 | 53 | | authorized under this section may be counted in attendance only for |
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| 54 | 54 | | the actual number of hours each school day the student attends the |
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| 55 | 55 | | program, in accordance with Section 25.081. |
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| 56 | 56 | | (h) The commissioner may revoke a provider's authorization |
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| 57 | 57 | | to operate an online adult high school diploma program under this |
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| 58 | 58 | | section after consideration of relevant factors, including student |
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| 59 | 59 | | performance on assessment instruments required under Chapter 39, |
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| 60 | 60 | | the percentage of students who complete the program and earn a high |
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| 61 | 61 | | school diploma, and other criteria adopted by the commissioner. A |
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| 62 | 62 | | decision by the commissioner under this subsection is final and may |
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| 63 | 63 | | not be appealed. |
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| 64 | 64 | | (i) The commissioner may adopt rules to implement this |
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| 65 | 65 | | section. |
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| 66 | 66 | | SECTION 2. As soon as practicable after the effective date |
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| 67 | 67 | | of this Act, the commissioner of education shall adopt rules |
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| 68 | 68 | | necessary to implement Section 29.0871, Education Code, as added by |
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| 69 | 69 | | this Act. |
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| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2019. |
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