Texas 2019 - 86th Regular

Texas Senate Bill SB591 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Watson, Campbell S.B. No. 591
2		-	(In the Senate - Filed February 1, 2019; February 21, 2019,
3		-	read first time and referred to Committee on Education;
4		-	April 9, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 10, Nays 0; April 9, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 591 By: Watson
	1	+	By: Watson S.B. No. 591
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to an adult education program provided under an adult high
14	7		school diploma and industry certification charter school program,
15	8		eligibility of certain students for Foundation School Program
16		-	benefits, and reporting requirements regarding certain students.
	9	+	benefits, and reporting requirements regarding the dropout status
	10	+	of certain students.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Section 12.137(a), Education Code, is amended to
19	13		read as follows:
20	14		(a) This section applies only to:
21	15		(1) an open-enrollment charter school designated as a
22	16		dropout recovery school as described by Section 12.1141(c) if the
23	17		enrollment of the school consists only of students 17 years of age
24	18		and older; and
25	19		(2) an adult education program provided under a high
26	20		school diploma and industry certification charter school [pilot]
27	21		program under Section 29.259.
28	22		SECTION 2. Sections 29.081(d) and (d-1), Education Code,
29	23		are amended to read as follows:
30	24		(d) For purposes of this section, "student at risk of
31	25		dropping out of school" includes each student who:
32	26		(1) is under 26 years of age and who:
33	27		(A) [(1)] was not advanced from one grade level
34	28		to the next for one or more school years;
35	29		(B) [(2)] if the student is in grade 7, 8, 9, 10,
36	30		11, or 12, did not maintain an average equivalent to 70 on a scale of
37	31		100 in two or more subjects in the foundation curriculum during a
38	32		semester in the preceding or current school year or is not
39	33		maintaining such an average in two or more subjects in the
40	34		foundation curriculum in the current semester;
41	35		(C) [(3)] did not perform satisfactorily on an
42	36		assessment instrument administered to the student under Subchapter
43	37		B, Chapter 39, and who has not in the previous or current school
44	38		year subsequently performed on that instrument or another
45	39		appropriate instrument at a level equal to at least 110 percent of
46	40		the level of satisfactory performance on that instrument;
47	41		(D) [(4)] if the student is in prekindergarten,
48	42		kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
49	43		a readiness test or assessment instrument administered during the
50	44		current school year;
51	45		(E) [(5)] is pregnant or is a parent;
52	46		(F) [(6)] has been placed in an alternative
53	47		education program in accordance with Section 37.006 during the
54	48		preceding or current school year;
55	49		(G) [(7)] has been expelled in accordance with
56	50		Section 37.007 during the preceding or current school year;
57	51		(H) [(8)] is currently on parole, probation,
58	52		deferred prosecution, or other conditional release;
59	53		(I) [(9)] was previously reported through the
60	54		Public Education Information Management System (PEIMS) to have
61	55		dropped out of school;
62	56		(J) [(10)] is a student of limited English
63	57		proficiency, as defined by Section 29.052;
64	58		(K) [(11)] is in the custody or care of the
65	59		Department of Family and Protective Services or has, during the
66	60		current school year, been referred to the department by a school
67	61		official, officer of the juvenile court, or law enforcement
68	62		official;
69	63		(L) [(12)] is homeless, as defined by 42 U.S.C.
70	64		Section 11302, and its subsequent amendments; or
71	65		(M) [(13)] resided in the preceding school year
72	66		or resides in the current school year in a residential placement
73	67		facility in the district, including a detention facility, substance
74	68		abuse treatment facility, emergency shelter, psychiatric hospital,
75	69		halfway house, cottage home operation, specialized child-care
76	70		home, or general residential operation; or
77	71		(2) regardless of the student's age, participates in
78	72		an adult education program provided under a high school diploma and
79	73		industry certification charter school program under Section
80	74		29.259.
81	75		(d-1) Notwithstanding Subsection (d)(1)(A) [(d)(1)], a
82	76		student is not considered a student at risk of dropping out of
83	77		school if the student did not advance from prekindergarten or
84	78		kindergarten to the next grade level only as the result of the
85	79		request of the student's parent.
86		-	SECTION 3. The heading to Section 29.259, Education Code,
	80	+	SECTION 3. The heading for Section 29.259, Education Code,
87	81		is amended to read as follows:
88	82		Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
89	83		CERTIFICATION CHARTER SCHOOL [PILOT] PROGRAM.
90	84		SECTION 4. Section 29.259, Education Code, is amended by
91		-	amending Subsections (b), (g), (j), and (m) and adding ~~Subsections~~
92		-	(g-1) and (i-1) to read as follows:
	85	+	amending Subsections (b), (d), (g), (j), and (m) and adding
	86	+	Subsections (g-1) and (i-1) to read as follows:
93	87		(b) The commissioner shall establish an adult high school
94	88		diploma and industry certification charter school [pilot] program
95	89		as provided by this section as a strategy for meeting industry needs
96	90		for a sufficiently trained workforce within the state.
	91	+	(d) Notwithstanding any other law and in addition to the
	92	+	number of charters allowed under Subchapter D, Chapter 12, the
	93	+	commissioner may, on the basis of an application submitted, grant a
	94	+	charter under the [pilot] program to a single nonprofit entity
	95	+	described by Subsection (e) to provide an adult education program
	96	+	for individuals described by Subsection (g) to successfully
	97	+	complete:
	98	+	(1) a high school program that can lead to a diploma;
	99	+	and
	100	+	(2) career and technology education courses that can
	101	+	lead to industry certification.
97	102		(g) A person who is at least 18 [19] years of age and not
98	103		more than 50 years of age is eligible to enroll in the adult
99	104		education program under this section if the person [has not earned a
100	105		high school equivalency certificate and]:
101	106		(1) has failed to complete the curriculum requirements
102	107		for high school graduation; or
103	108		(2) has failed to perform satisfactorily on an
104	109		assessment instrument required for high school graduation.
105	110		(g-1) In admitting students to the adult education program
106	111		under this section, the nonprofit entity shall give priority to a
107	112		person who has not earned a high school equivalency certificate.
108		-	(i-1) The adult education program offered under this
109		-	section must:
110		-	(1) use an instructional model in which at least 75
111		-	percent of instruction is delivered by a teacher in an in-person,
112		-	interactive classroom setting; and
113		-	(2) provide support services to students, including:
114		-	(A) child care at no cost to students;
115		-	(B) life coaching services, at a ratio not to
116		-	exceed one life coach for every 100 students, that use strategic and
117		-	holistic interventions designed to facilitate graduation planning
118		-	and assist students in overcoming life obstacles to achieve
119		-	academic and career goals;
120		-	(C) mental health counseling; and
121		-	(D) for students with identified disabilities or
122		-	impairments, instructional support services.
	113	+	(i-1) If money is appropriated for a state fiscal year for
	114	+	expansion of the program under this section, not later than June 30
	115	+	of the state fiscal year in which the appropriation is made, the
	116	+	nonprofit entity granted a charter under this section must submit
	117	+	any request for approval of an expansion amendment. Not later than
	118	+	August 1, the commissioner shall provide written notice to the
	119	+	nonprofit entity of the approval or disapproval of the expansion
	120	+	amendment. If the commissioner does not provide such notice by
	121	+	August 1, the request is considered to be approved.
123	122		(j) Funding for an adult education program under this
124	123		section is [provided based on the following:
125	124		[(1) for participants who are 26 years of age and
126	125		older, an amount per participant from available general revenue
127	126		funds appropriated for the pilot program equal to the statewide
128	127		average amount of state funding per student in weighted average
129	128		daily attendance that would be allocated under the Foundation
130	129		School Program to an open-enrollment charter school under Section
131	130		12.106 were the student under 26 years of age; and
132	131		[(2) for participants who are at least 19 years of age
133	132		and under 26 years of age,] an amount per participant through the
134	133		Foundation School Program equal to the amount of state funding per
135	134		student in weighted average daily attendance that would be
136	135		allocated under the Foundation School Program for the student's
137	136		attendance at an open-enrollment charter school in accordance with
138	137		Section 12.106.
139	138		(m) The commissioner shall adopt rules necessary to
140	139		administer the [pilot] program under this section. In adopting
141	140		rules, the commissioner may modify charter school requirements only
142	141		to the extent necessary for the administration of a charter school
143	142		under this section that provides for adult education.
144		-	SECTION 5. Section 29.259(d), Education Code, as amended by
145		-	Chapter 98 (S.B. 276), Acts of the 85th Legislature, Regular
146		-	Session, 2017, is reenacted and amended to read as follows:
147		-	(d) Notwithstanding any other law and in addition to the
148		-	number of charters allowed under Subchapter D, Chapter 12, the
149		-	commissioner may, on the basis of an application submitted, grant a
150		-	charter under the [pilot] program to a single nonprofit entity
151		-	described by Subsection (e) to provide an adult education program
152		-	for individuals described by Subsection (g) to successfully
153		-	complete:
154		-	(1) a high school program that can lead to a diploma;
155		-	and
156		-	(2) career and technology education courses that can
157		-	lead to industry certification.
158		-	SECTION 6. Section 39.053, Education Code, is amended by
	143	+	SECTION 5. Section 39.053, Education Code, is amended by
159	144		adding Subsection (g-4) to read as follows:
160	145		(g-4) For purposes of the computation of dropout and
161	146		completion rates such as high school graduation rates under
162	147		Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
163	148		who was reported as having dropped out of school under Section
164	149		42.006(a-9), and the student may not be considered to have dropped
165	150		out from the school district or campus in which the student was last
166	151		enrolled.
167		-	SECTION 7. Section 42.003(a), Education Code, is amended to
	152	+	SECTION 6. Section 42.003(a), Education Code, is amended to
168	153		read as follows:
169	154		(a) A student is entitled to the benefits of the Foundation
170	155		School Program if, on September 1 of the school year, the student:
171	156		(1) is 5 years of age or older and under 21 years of age
172	157		and has not graduated from high school, or is at least 21 years of
173	158		age and under 26 years of age and has been admitted by a school
174	159		district to complete the requirements for a high school diploma; or
175	160		(2) is [at least 19 years of age and under 26 years of
176	161		age and is] enrolled in an adult high school diploma and industry
177	162		certification charter school [pilot] program under Section 29.259.
178		-	SECTION 8. Section 42.006, Education Code, is amended by
	163	+	SECTION 7. Section 42.006, Education Code, is amended by
179	164		adding Subsections (a-8) and (a-9) to read as follows:
180	165		(a-8) The commissioner by rule shall require each school
181	166		district and open-enrollment charter school to annually report
182	167		through the Public Education Information Management System
183	168		information regarding the number of students who are enrolled in a
184	169		high school equivalency program, a dropout recovery school, or an
185	170		adult education program provided under a high school diploma and
186	171		industry certification charter school program provided by the
187	172		district or school and who:
188	173		(1) are at least 18 years of age and under 26 years of
189	174		age;
190	175		(2) have not previously been reported to the agency as
191	176		dropouts; and
192	177		(3) enroll in the program at the district or school
193	178		after not attending school for a period of at least nine months.
194	179		(a-9) A student reported under Subsection (a-8) as having
195	180		enrolled in a high school equivalency program, a dropout recovery
196	181		school, or an adult education program provided under a high school
197	182		diploma and industry certification charter school program must be
198	183		reported through the Public Education Information Management
199	184		System as having previously dropped out of school.
200		-	SECTION 9. This Act applies beginning with the 2019-2020
	185	+	SECTION 8. This Act applies beginning with the 2019-2020
201	186		school year.
202		-	SECTION 10. To ensure accurate funding for students
203		-	enrolled in an adult high school diploma and industry certification
204		-	charter school program under Section 29.259, Education Code, as
205		-	amended by this Act, and the accurate collection, analysis, and
206		-	reporting of information regarding those students, as soon as
207		-	practicable after the effective date of this Act, the commissioner
208		-	of education shall update the Public Education Information
209		-	Management System as necessary to accommodate the reporting through
210		-	the system of information regarding students who are at least 26
211		-	years of age and not more than 50 years of age enrolled in such
212		-	programs.
213		-	SECTION 11. This Act takes effect immediately if it
214		-	receives a vote of two-thirds of all the members elected to each
215		-	house, as provided by Section 39, Article III, Texas Constitution.
216		-	If this Act does not receive the vote necessary for immediate
217		-	effect, this Act takes effect September 1, 2019.
218		-	* * * * *
	187	+	SECTION 9. This Act takes effect immediately if it receives
	188	+	a vote of two-thirds of all the members elected to each house, as
	189	+	provided by Section 39, Article III, Texas Constitution. If this
	190	+	Act does not receive the vote necessary for immediate effect, this
	191	+	Act takes effect September 1, 2019.