Texas 2019 - 86th Regular

Texas Senate Bill SB2196 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13092 SRS-F
2	2	By: Lucio S.B. No. 2196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a dropout recovery competency-based
8	8	educational program provided through a campus or campus program
9	9	charter or open-enrollment charter school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 12, Education Code, is amended by adding
12	12	Subchapter F to read as follows:
13	13	SUBCHAPTER F. DROPOUT RECOVERY COMPETENCY-BASED EDUCATIONAL
14	14	PROGRAM
15	15	Sec. 12.201. DEFINITION. In this section, "program" means
16	16	a dropout recovery competency-based educational program authorized
17	17	under this subchapter.
18	18	Sec. 12.202. PROGRAM AUTHORIZATION. (a) For the purpose of
19	19	offering a dropout recovery competency-based educational program
20	20	to serve eligible students described by Section 12.203, the
21	21	commissioner, subject to Subsection (b), may:
22	22	(1) on the basis of an application submitted, grant a
23	23	charter to an eligible entity for an open-enrollment charter school
24	24	under Subchapter D to provide the program;
25	25	(2) authorize an open-enrollment charter school that
26	26	has been granted a charter under Subchapter D to provide the
27	27	program; or
28	28	(3) authorize a campus or campus program that has been
29	29	granted a charter under Subchapter C to provide the program.
30	30	(b) To qualify for authorization under this subchapter, a
31	31	program must:
32	32	(1) serve students in grades 9 through 12 and have an
33	33	enrollment of which at least 50 percent of the students are 17 years
34	34	of age or older as of September 1 of the school year as reported for
35	35	the fall semester Public Education Information Management System
36	36	(PEIMS) submission; and
37	37	(2) meet the eligibility requirements for and register
38	38	under alternative education accountability procedures adopted by
39	39	the commissioner.
40	40	Sec. 12.203. ELIGIBLE STUDENT. A student is eligible to
41	41	enroll in a program offered under this subchapter if the student is
42	42	at least 14 years of age and under 26 years of age on September 1 of
43	43	each school year and meets one or more of the following criteria:
44	44	(1) the student was reported through the Public
45	45	Education Information Management System (PEIMS) or another state to
46	46	have dropped out of school, including a student who has previously
47	47	dropped out of school;
48	48	(2) the student is a student at risk of dropping out of
49	49	school under the circumstances described by Section 29.081(d)(1),
50	50	(2), (3), (5), or (10);
51	51	(3) the student has been previously placed in a
52	52	disciplinary alternative education program under Section 37.006
53	53	during the previous or current school year based on the Public
54	54	Education Information Management System (PEIMS) submissions or
55	55	other supporting documentation;
56	56	(4) the student has been expelled under Section 37.007
57	57	during the previous four school years or the current school year;
58	58	(5) the student is currently on parole, probation,
59	59	deferred prosecution, deferred adjudication, or other conditional
60	60	release;
61	61	(6) the student is currently in the custody or care of
62	62	the Department of Family and Protective Services or has been
63	63	referred to the department during the previous or current school
64	64	year by a school official, officer of a juvenile court, or law
65	65	enforcement official;
66	66	(7) the student has been previously or is currently
67	67	homeless as defined by 42 U.S.C. Section 11302 or within the meaning
68	68	of the term "homeless children and youths" under 42 U.S.C. Section
69	69	11434a, as applicable;
70	70	(8) the student resided at any time or currently
71	71	resides in a residential care facility, including a detention
72	72	facility, substance abuse treatment facility, emergency shelter,
73	73	psychiatric hospital, halfway house, cottage home operation,
74	74	specialized child-care home, or general residential operation;
75	75	(9) the student is employed and working for pay at
76	76	least 15 hours or more each week to provide individual support or to
77	77	support the student's family;
78	78	(10) the student is ordered by a court to attend a high
79	79	school equivalency certificate program but has not yet earned the
80	80	certificate or a high school diploma;
81	81	(11) the student entered the United States as an
82	82	asylee as defined by 45 C.F.R. Section 400.41 or a refugee as
83	83	defined by 8 U.S.C. Section 1101(a)(42);
84	84	(12) the student has previously been placed on a
85	85	personal graduation plan under Section 28.0212 or an intensive
86	86	program of instruction under Section 28.0213; or
87	87	(13) the student or the parent of or person standing in
88	88	parental relation to the student certifies to the school that the
89	89	student would benefit from the program to otherwise avoid dropping
90	90	out of school due to extenuating family circumstances or
91	91	responsibilities, including to provide medical or caregiving
92	92	services to a family member or to provide individual support or to
93	93	support the student's family.
94	94	Sec. 12.204. ELIGIBILITY FOR DIPLOMA. (a) A student
95	95	enrolled in a program under this subchapter may earn high school
96	96	course credits and receive a high school diploma if the student
97	97	successfully completes the curriculum requirements described under
98	98	Section 28.025.
99	99	(b) The commissioner by rule shall establish the
100	100	requirements to demonstrate satisfactory completion of the
101	101	program, including:
102	102	(1) successful completion of coursework to satisfy
103	103	curriculum requirements under the program; and
104	104	(2) successful performance on an examination under
105	105	Section 28.023 to demonstrate mastery of the curriculum.
106	106	Sec. 12.205. OPERATION OF PROGRAM. (a) An open-enrollment
107	107	charter school or campus or campus program authorized to operate a
108	108	program under this subchapter shall create an educational calendar
109	109	and class schedule for the program's operation that provides for
110	110	flexibility in class scheduling and student attendance. The
111	111	commissioner shall approve reasonable exceptions to accommodate
112	112	program scheduling and achieve the program's purpose.
113	113	(b) An open-enrollment charter school or a campus or campus
114	114	program authorized to operate a program under this subchapter shall
115	115	annually have an audit of the operations of the program, including
116	116	the financial operations, conducted at the authorized entity's
117	117	expense. The audit must be conducted by an independent certified
118	118	public accountant.
119	119	(c) For purposes of conducting an audit under this section,
120	120	the commissioner by rule shall establish requirements for verifying
121	121	course credits earned by program students.
122	122	Sec. 12.206. ACCOUNTABILITY. (a) A program under this
123	123	subchapter shall be evaluated under Section 39.0548 and as provided
124	124	by commissioner rule.
125	125	(b) An open-enrollment charter school granted a charter to
126	126	operate a program is not subject to non-renewal under the
127	127	conditions prescribed by Section 12.1141(d) or revocation under the
128	128	conditions prescribed by Sections 12.115(c)(1) or (2) until the
129	129	program has received an unacceptable performance rating under
130	130	evaluations conducted by the commissioner under Subsection (a) for
131	131	four consecutive school years.
132	132	Sec. 12.207. FUNDING. (a) An open-enrollment charter
133	133	school or campus or campus program authorized to operate a program
134	134	under this subchapter is entitled to receive state funding as
135	135	provided by Section 12.106, provided that, for purposes of this
136	136	subchapter, the commissioner shall by rule determine a method to
137	137	calculate average daily attendance based on:
138	138	(1) a student's successful completion of a number of
139	139	courses as determined by commissioner rule; and
140	140	(2) a student's hours of contact time with the school.
141	141	(b) The method under Subsection (a) must provide for a
142	142	proportionate reduction in funding if a student fails to
143	143	successfully complete the number of courses determined under
144	144	Subsection (a)(1).
145	145	(c) An open-enrollment charter school or a campus or campus
146	146	program authorized to operate a program under this subchapter may
147	147	receive additional funds appropriated by the legislature for:
148	148	(1) an intensive program of instruction to the same
149	149	extent as a program under Section 28.0213; or
150	150	(2) accelerated instruction to the same extent as a
151	151	program under Section 28.0217.
152	152	Sec. 12.208. PROGRAM REPORTING SYSTEM. (a) The
153	153	commissioner by rule shall develop:
154	154	(1) a system for each open-enrollment charter school
155	155	and a campus or campus program authorized to operate a program under
156	156	this subchapter to report information relating to the program as
157	157	directed by the commissioner; and
158	158	(2) to the extent practicable, a monthly funding
159	159	schedule.
160	160	(b) Before developing the system and schedule under
161	161	Subsection (a) and in an effort to best serve the interests and
162	162	needs of eligible students under this subchapter, the commissioner
163	163	shall solicit input from charter schools that currently operate
164	164	dropout recovery programs.
165	165	Sec. 12.209. RULES; WAIVERS. (a) The commissioner shall
166	166	adopt rules necessary to implement and administer this subchapter.
167	167	(b) The commissioner may waive any requirement under this
168	168	code to facilitate the purposes of this subchapter. This
169	169	subsection expires August 1, 2026.
170	170	Sec. 12.210. REPORT. Not later than December 1, 2027, the
171	171	commissioner shall submit a report to the legislature that:
172	172	(1) evaluates the implementation of this subchapter;
173	173	and
174	174	(2) makes recommendations regarding any legislative
175	175	or other action.
176	176	SECTION 2. This Act applies beginning with the 2020-2021
177	177	school year.
178	178	SECTION 3. This Act takes effect immediately if it receives
179	179	a vote of two-thirds of all the members elected to each house, as
180	180	provided by Section 39, Article III, Texas Constitution. If this
181	181	Act does not receive the vote necessary for immediate effect, this
182	182	Act takes effect September 1, 2019.