Texas 2021 - 87th Regular

Texas House Bill HB1942 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R17890 KJE-F
2		-	By: VanDeaver, Bernal H.B. No. 1942
3		-	Substitute the following for H.B. No. 1942:
4		-	By: Dutton C.S.H.B. No. 1942
	1	+	87R6374 KJE-F
	2	+	By: VanDeaver H.B. No. 1942
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the adult high school charter school program.
	7	+	relating to the adult high school diploma and industry
	8	+	certification charter school program.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Chapter 12, Education Code, is amended by adding
12	11		Subchapter G, and a heading is added to that subchapter to read as
13	12		follows:
14		-	SUBCHAPTER G. ADULT HIGH SCHOOL CHARTER SCHOOL PROGRAM
	13	+	SUBCHAPTER G. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION
	14	+	CHARTER SCHOOL PROGRAM
15	15		SECTION 2. Section 29.259(a), Education Code, is
16	16		transferred to Subchapter G, Chapter 12, Education Code, as added
17	17		by this Act, redesignated as Section 12.251, Education Code, and
18	18		amended to read as follows:
19	19		Sec. 12.251. DEFINITIONS. [(a)] In this subchapter:
20	20		(1) "Adult [section, "adult] education" means
21	21		services and instruction provided below the college level for
22	22		adults by a nonprofit entity granted a charter under this
23	23		subchapter [described by Subsection (e)].
24	24		(2) "Program," unless the context indicates
25		-	otherwise, means the adult high school charter school program under
26		-	this subchapter.
	25	+	otherwise, means the adult high school diploma and industry
	26	+	certification charter school program established under this
	27	+	subchapter.
27	28		SECTION 3. Section 29.259(n), Education Code, is
28	29		transferred to Subchapter G, Chapter 12, Education Code, as added
29	30		by this Act, redesignated as Section 12.252, Education Code, and
30	31		amended to read as follows:
31	32		Sec. 12.252. APPLICABILITY OF CERTAIN PROVISIONS. (a) The
32	33		provisions of this chapter relating to charter schools do not apply
33	34		to an adult education program operated under a charter granted
34	35		under this subchapter except as otherwise provided by this
35	36		subchapter or by commissioner rule.
36	37		(b) [(n)] An adult education program operated under a
37	38		charter granted under this subchapter [section] is subject to:
38	39		(1) a provision of this title establishing a criminal
39	40		offense; and
40	41		(2) a prohibition, restriction, or requirement, as
41	42		applicable, imposed by this title or a rule adopted under this
42	43		title, relating to:
43	44		(A) the Public Education Information Management
44	45		System (PEIMS) to the extent necessary as determined by the
45	46		commissioner to monitor compliance with this subchapter [section]
46	47		and, as applicable, Subchapter D[, Chapter 12];
47	48		(B) criminal history records under Subchapter C,
48	49		Chapter 22;
49	50		(C) high school graduation requirements under
50	51		Section 28.025, to the extent applicable to a program participant;
51	52		(D) special education programs under Subchapter
52	53		A, Chapter 29;
53	54		(E) bilingual education under Subchapter B,
54	55		Chapter 29;
55	56		(F) health and safety under Chapter 38;
56	57		(G) the requirement under Section 21.006 to
57	58		report an educator's misconduct; and
58	59		(H) the right of an employee to report a crime, as
59	60		provided by Section 37.148.
60	61		SECTION 4. Section 29.259(b), Education Code, is
61	62		transferred to Subchapter G, Chapter 12, Education Code, as added
62	63		by this Act, redesignated as Section 12.253, Education Code, and
63	64		amended to read as follows:
64		-	Sec. 12.253. ~~PURPOSE~~. [(b)] The ~~purpose of the~~
65		-	[commissioner ~~shall establish an]~~ ~~adult high school [diploma and~~
66		-	~~industry certification]~~ ~~charter school program~~, ~~as established~~
67		-	~~under former Section 29.259~~ and ~~provided by this subchapter,~~ ~~is to~~
68		-	~~meet~~ [section as a strategy for meeting~~] industry needs for a~~
69		-	sufficiently trained workforce within the ~~state and strengthen the~~
70		-	~~economic and educational prosperity of the~~ state.
	65	+	Sec. 12.253. ESTABLISHMENT OF PROGRAM. [(b)] The
	66	+	commissioner, in consultation with the advisory committee
	67	+	established under Section 12.254, shall establish an adult high
	68	+	school diploma and industry certification charter school program as
	69	+	provided by this subchapter [section] as a strategy for meeting
	70	+	industry needs for a sufficiently trained workforce within the
	71	+	state.
71	72		SECTION 5. Subchapter G, Chapter 12, Education Code, as
72	73		added by this Act, is amended by adding Section 12.254 to read as
73	74		follows:
74	75		Sec. 12.254. ADVISORY COMMITTEE. (a) An advisory
75	76		committee is established to make recommendations to the
76		-	commissioner regarding:
77		-	(1) the secondary exit-level assessment tool adopted
78		-	or developed under Section 12.260 and the satisfactory performance
79		-	level for that tool; and
80		-	(2) the accountability frameworks adopted under
81		-	Section 12.262, including the performance domains and measures in
82		-	each framework.
83		-	(b) The advisory committee is composed of seven members
	77	+	commissioner regarding the implementation of the program,
	78	+	including the issuance of charters to operate an adult education
	79	+	program under this subchapter.
	80	+	(b) The advisory committee is composed of five members
84	81		appointed as follows:
85	82		(1) one member appointed by the governor;
86	83		(2) one member appointed by the lieutenant governor;
87	84		(3) one member appointed by the speaker of the house of
88	85		representatives;
89		-	(4) one member appointed by the commissioner;
90		-	(5) one member appointed by the executive director of
91		-	the Texas Workforce Commission;
92		-	(6) one member appointed by the commissioner of higher
93		-	education; and
94		-	(7) the superintendent of the charter school operating
95		-	under the charter granted under former Section 29.259.
	86	+	(4) one member appointed by the executive director of
	87	+	the Texas Workforce Commission; and
	88	+	(5) one member appointed by the commissioner of higher
	89	+	education.
96	90		(c) Each member appointed to the advisory committee must
97	91		have experience or expertise in adult or workforce education.
98	92		(d) Members of the advisory committee serve at the pleasure
99	93		of the appointing official.
100	94		(e) The governor shall designate a member of the advisory
101	95		committee as presiding officer to serve in that capacity at the
102	96		pleasure of the governor.
103	97		(f) Members of the advisory committee are not entitled to
104	98		compensation but are entitled to reimbursement for actual and
105	99		necessary expenses incurred in fulfilling committee duties.
106	100		(g) Staff members of the agency shall provide
107	101		administrative support for the advisory committee.
108	102		(h) The agency shall provide funding for any administrative
109	103		and operational expenses of the advisory committee.
110	104		SECTION 6. Section 29.259(d), Education Code, is
111	105		transferred to Subchapter G, Chapter 12, Education Code, as added
112	106		by this Act, redesignated as Section 12.255, Education Code, and
113	107		amended to read as follows:
114	108		Sec. 12.255. AUTHORIZATION FOR CHARTER. (a) [(d)]
115	109		Notwithstanding any other law and in addition to the number of
116	110		charters allowed under Subchapter D, [Chapter 12,] the commissioner
117		-	may, subject to Subsection (c) and on the basis of an application
	111	+	may, subject to Subsection (b) and on the basis of an application
118	112		submitted, grant a charter under the program to a [single]
119	113		nonprofit entity described by Section 12.256 [Subsection (e)] to
120	114		provide an adult education program for individuals described by
121	115		Section 12.258 [Subsection (g)] to successfully complete:
122	116		(1) a high school program that can lead to a diploma;
123	117		and
124	118		(2) career and technology education courses that can
125	119		lead to industry certification.
126		-	(b) A nonprofit entity, other than the nonprofit entity
127		-	granted a charter under former Section 29.259, is not entitled to an
128		-	automatic grant of a charter under this subchapter on the basis that
129		-	the entity holds a charter or operates a charter school under
130		-	another provision of this chapter.
131		-	(c) Subject to Subsection (d), the commissioner may not
132		-	grant more than two charters in a calendar year or more than six
133		-	charters total under this subchapter. In granting charters, the
134		-	commissioner may not grant:
135		-	(1) a charter before September 1, 2023; or
136		-	(2) a total of more than:
137		-	(A) two charters before September 1, 2024; or
138		-	(B) four charters before September 1, 2026.
139		-	(d) A charter granted under former Section 29.259 may not be
140		-	counted toward the limit under Subsection (c).
141		-	(e) A nonprofit entity granted a charter under the program
142		-	may not enroll more than 350 students in an adult education program
143		-	operated under that charter during the first two years after the
144		-	charter is granted. This subsection does not apply to a charter
145		-	granted under former Section 29.259, regardless of whether that
146		-	charter is transferred to another nonprofit entity as provided by
147		-	law.
	120	+	(b) The commissioner may not grant more than two charters
	121	+	under this subchapter in a calendar year.
148	122		SECTION 7. Section 29.259(e), Education Code, is
149	123		transferred to Subchapter G, Chapter 12, Education Code, as added
150	124		by this Act, redesignated as Section 12.256, Education Code, and
151	125		amended to read as follows:
152	126		Sec. 12.256. CHARTER HOLDER QUALIFICATIONS. [(e)] A
153	127		nonprofit entity may be granted a charter under this subchapter
154	128		[section] only if the entity[:
155	129		[(1)] has a successful history of providing education
156	130		services, including industry certifications and job placement
157	131		services, to adults 18 years of age and older whose educational and
158	132		training opportunities have been limited by educational
159	133		disadvantages, disabilities, homelessness, criminal history, or
160		-	similar ~~marginalizing~~ circumstances[; and
	134	+	similar circumstances[; and
161	135		[(2) agrees to commit at least $1 million to the adult
162	136		education program offered].
163	137		SECTION 8. Sections 29.259(h) and (i), Education Code, are
164	138		transferred to Subchapter G, Chapter 12, Education Code, as added
165	139		by this Act, redesignated as Section 12.257, Education Code, and
166	140		amended to read as follows:
167	141		Sec. 12.257. APPLICATION; CHARTER CONTENT. (a) A [(h) The]
168	142		nonprofit entity must include in its charter application the
169	143		information required by Subsection (b) [(i)].
170	144		(b) [(i)] A charter granted under this subchapter [section]
171	145		must:
172	146		(1) include a description of the adult education
173	147		program to be offered under this subchapter [section]; and
174	148		(2) establish specific, objective standards for
175	149		receiving a high school diploma, including:
176	150		(A) successful completion of:
177	151		(i) if applicable to the program
178	152		participant, the curriculum requirements under Section 28.025; or
179	153		(ii) the appropriate curriculum
180	154		requirements applicable to the program participant; and
181	155		(B) satisfactory performance on the standardized
182	156		secondary exit-level assessment instrument described by Section
183	157		12.260 [Subsection (c)].
184	158		SECTION 9. Sections 29.259(g) and (g-1), Education Code,
185	159		are transferred to Subchapter G, Chapter 12, Education Code, as
186	160		added by this Act, redesignated as Section 12.258, Education Code,
187	161		and amended to read as follows:
188	162		Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION. (a) [(g)] A
189	163		person who is at least 18 years of age and not more than 50 years of
190	164		age is eligible to enroll in an [the] adult education program
191	165		operated under a charter granted under this subchapter [section] if
192	166		the person:
193	167		(1) has failed to complete the curriculum requirements
194	168		for high school graduation; or
195	169		(2) has failed to perform satisfactorily on an
196	170		assessment instrument required for high school graduation.
197	171		(b) [(g-1)] In admitting students to an [the] adult
198	172		education program operated under a charter granted under this
199	173		subchapter [section], a [the] nonprofit entity shall give priority
200	174		to a person who has not earned a high school equivalency
201	175		certificate.
202	176		SECTION 10. Section 29.259(i-1), Education Code, is
203	177		transferred to Subchapter G, Chapter 12, Education Code, as added
204	178		by this Act, redesignated as Section 12.259, Education Code, and
205	179		amended to read as follows:
206	180		Sec. 12.259. ADULT EDUCATION PROGRAM. (a) An [(i-1) The]
207	181		adult education program operated under a charter granted [offered]
208	182		under this subchapter [section] must:
209	183		(1) use an instructional model in which a significant
210	184		portion [at least 75 percent] of instruction, as approved by the
211		-	commissioner, is delivered [by a teacher] in a teacher-led [an
212		-	in-person], interactive classroom environment [setting]; [and]
213		-	(2) provide access to:
214		-	(A) career and technical education courses that
215		-	lead to an industry certification;
216		-	(B) career readiness training;
217		-	(C) postsecondary counseling; and
218		-	(D) job-placement services; and
219		-	(3) provide support services to students, including:
	185	+	commissioner, is delivered by a teacher in an in-person,
	186	+	interactive classroom setting; and
	187	+	(2) provide support services to students, including:
220	188		(A) child care at no cost to students;
221	189		(B) life coaching services, at a ratio not to
222	190		exceed one life coach for every 100 students, that use strategic and
223	191		holistic interventions designed to facilitate graduation planning
224	192		and assist students in overcoming life obstacles to achieve
225	193		academic and career goals;
226		-	(C) mental health counseling; [and]
	194	+	(C) mental health counseling; and
227	195		(D) for students with identified disabilities or
228		-	impairments, instructional support services; and
229		-	(E) transportation assistance.
	196	+	impairments, instructional support services.
230	197		SECTION 11. Section 29.259(f), Education Code, is
231	198		transferred to Section 12.259, Education Code, as added by this
232	199		Act, redesignated as Subsection (b) of that section, and amended to
233	200		read as follows:
234	201		(b) [(f)] A nonprofit entity granted a charter under this
235		-	subchapter [section] may partner with a public junior college or a
236		-	provider or organization approved by the Texas Workforce Commission
237		-	to provide career and technology courses that lead to industry
	202	+	subchapter [section] may partner with a public junior college to
	203	+	provide career and technology courses that lead to industry
238	204		certification through an adult education program described by
239	205		Subsection (a).
240	206		SECTION 12. Section 29.259(c), Education Code, is
241	207		transferred to Subchapter G, Chapter 12, Education Code, as added
242	208		by this Act, redesignated as Section 12.260, Education Code, and
243	209		amended to read as follows:
244		-	Sec. 12.260. ASSESSMENT INSTRUMENT. (a) [(c)] The agency,
245		-	in cooperation with the advisory committee established under
246		-	Section 12.254, shall adopt or develop and administer a
247		-	standardized secondary exit-level assessment instrument
248		-	appropriate for assessing [adult education] program participants
249		-	who successfully complete high school curriculum requirements
250		-	under an adult education [a] program operated under a charter
251		-	granted [provided] under this subchapter [section].
252		-	(b) The commissioner, in cooperation with the advisory
253		-	committee established under Section 12.254, shall determine the
254		-	level of performance considered to be satisfactory on the secondary
	210	+	Sec. 12.260. ASSESSMENT INSTRUMENT. (a) [(c)] The agency
	211	+	shall adopt and administer a standardized secondary exit-level
	212	+	assessment instrument appropriate for assessing [adult education]
	213	+	program participants who successfully complete high school
	214	+	curriculum requirements under an adult education [a] program
	215	+	operated under a charter granted [provided] under this subchapter
	216	+	[section].
	217	+	(b) The commissioner shall determine the level of
	218	+	performance considered to be satisfactory on the secondary
255	219		exit-level assessment instrument adopted under Subsection (a) for
256	220		receipt of a high school diploma by a [an adult education] program
257	221		participant in an adult education [a] program operated under a
258	222		charter granted [provided] under this subchapter [section].
259		-	(c) For a school year before the 2025-2026 school year, the
260		-	agency shall adopt and administer the Algebra I, English II, and
261		-	biology end-of-course assessment instruments adopted under Section
262		-	39.023(c) as the secondary exit-level assessment instrument
263		-	required under this section. The level of performance considered to
264		-	be satisfactory on those assessment instruments for purposes of
265		-	this subsection is the level of performance adopted under 19 T.A.C.
266		-	Section 101.4003(a), as that rule existed on January 1, 2021. This
267		-	subsection expires September 1, 2025.
268	223		SECTION 13. Section 29.259(i-2), Education Code, is
269	224		transferred to Subchapter G, Chapter 12, Education Code, as added
270	225		by this Act, redesignated as Section 12.261, Education Code, and
271	226		amended to read as follows:
272	227		Sec. 12.261. EXPANSION AMENDMENT. (a) Not [(i-2) If money
273	228		is appropriated for a state fiscal year for expansion of the program
274	229		under this section, not] later than June 30 of each [the state
275	230		fiscal] year [in which the appropriation is made], a [the]
276	231		nonprofit entity granted a charter under this subchapter [section]
277	232		must submit any request for approval of an expansion amendment
278	233		intended to take effect the next school year.
279	234		(b) An [The] expansion amendment submitted under Subsection
280	235		(a) is considered approved if the commissioner does not provide
281	236		written notice to the nonprofit entity of the disapproval of the
282	237		expansion amendment on or before August 1.
283	238		SECTION 14. Sections 29.259(o) and (p), Education Code, are
284	239		transferred to Subchapter G, Chapter 12, Education Code, as added
285	240		by this Act, redesignated as Section 12.262, Education Code, and
286	241		amended to read as follows:
287		-	Sec. 12.262. ACCOUNTABILITY; REVOCATION OF CHARTER. (a)
288		-	[(o)] The commissioner, in cooperation with the advisory committee
289		-	established under Section 12.254, shall develop and adopt an
290		-	accountability framework [performance frameworks] that establishes
291		-	[establish] standards by which to measure the performance of an
292		-	adult education [high school] program operated under a charter
293		-	granted under this subchapter [section in a manner consistent with
294		-	the requirements provided for an open-enrollment charter school
295		-	under Sections 12.1181(a) and (b)].
296		-	(b) The commissioner shall include in the accountability
297		-	framework [performance frameworks] adopted under Subsection (a)
298		-	[this subsection the following] performance domains that measure:
299		-	(1) academic growth;
300		-	(2) career readiness;
301		-	(3) one-year post-graduation and longitudinal
302		-	postsecondary outcomes;
303		-	(4) longitudinal wage and career growth; and
304		-	(5) operational performance.
305		-	(b-1) For a school year before the 2024-2025 school year,
306		-	the accountability framework adopted under Subsection (a) shall
307		-	include the following performance measures [indicators]:
	242	+	Sec. 12.262. PERFORMANCE STANDARDS; REVOCATION OF CHARTER.
	243	+	(a) [(o)] The commissioner shall develop and adopt performance
	244	+	frameworks that establish standards by which to measure the
	245	+	performance of an adult education [high school] program operated
	246	+	under a charter granted under this subchapter [section] in a manner
	247	+	consistent with the requirements provided for an open-enrollment
	248	+	charter school under Sections 12.1181(a) and (b).
	249	+	(b) The commissioner shall include in the performance
	250	+	frameworks adopted under Subsection (a) [this subsection] the
	251	+	following performance indicators:
308	252		(1) the percentage of program participants who
309	253		performed satisfactorily on the standardized secondary exit-level
310		-	assessment instrument described by Section 12.260~~(c)~~ [Subsection
	254	+	assessment instrument described by Section 12.260 [Subsection
311	255		(c)];
312	256		(2) the percentage of program participants who
313	257		successfully completed the adult education [high school] program
314	258		and earned a high school diploma;
315	259		(3) the percentage of program participants who
316	260		successfully completed career and technology education courses and
317		-	obtained industry certification within six months after completing
318		-	the adult education program;
	261	+	obtained industry certification;
319	262		(4) the percentage of program participants who have
320	263		enrolled in an institution of higher education or private or
321	264		independent institution of higher education, as those terms are
322		-	defined under Section 61.003, within six months after completing
323		-	the adult education program; and
324		-	(5) operational performance as measured under the
325		-	performance frameworks adopted under Section 12.1181 [the
326		-	percentage of program participants who earned a wage, salary, or
327		-	other income increase that was significant as determined and
328		-	reported by the Texas Workforce Commission].
329		-	(c) The commissioner shall adopt a separate accountability
330		-	framework for an adult education program located in a correctional
331		-	facility, as that term is defined by Section 1.07, Penal Code.
332		-	(c-1) For a school year before the 2024-2025 school year,
333		-	the accountability framework adopted under Subsection (c) shall
334		-	include the following performance measures:
335		-	(1) the percentage of program participants who
336		-	performed satisfactorily on the standardized secondary exit-level
337		-	assessment instrument described by Section 12.260(c); and
338		-	(2) the percentage of program participants who
339		-	successfully completed the adult education program and earned a
340		-	high school diploma.
341		-	(c-2) Subsections (b-1) and (c-1) and this subsection
342		-	expire September 1, 2024.
343		-	(d) [(p)] Each year, the commissioner shall evaluate the
	265	+	defined under Section 61.003; and
	266	+	(5) the percentage of program participants who earned
	267	+	a wage, salary, or other income increase that was significant as
	268	+	determined and reported by the Texas Workforce Commission.
	269	+	(c) [(p)] Each year, the commissioner shall evaluate the
344	270		performance of an adult education [high school] program operated
345	271		under a charter granted under this subchapter [section] based on
346		-	the applicable ~~accountability framework [~~performance frameworks]
347		-	~~adopted under this section~~ [~~Subsection~~ (o)].
348		-	(e) The commissioner ~~may~~ revoke a charter to operate an
	272	+	the applicable performance frameworks adopted under Subsection (a)
	273	+	[(o)].
	274	+	(d) The commissioner shall revoke a charter to operate an
349	275		adult education program granted under this subchapter if the
350	276		charter's adult education program fails to meet the minimum
351	277		performance standards established by commissioner rule on the
352		-	applicable accountability framework adopted under this section for
353		-	three consecutive school years after the first year of operation.
354		-	(f) The commissioner, in cooperation with the advisory
355		-	committee established under Section 12.254, shall review and, if
356		-	necessary, revise each accountability framework adopted under this
357		-	section at least once every three years.
	278	+	applicable performance frameworks adopted under Subsection (a) for
	279	+	three consecutive school years.
358	280		SECTION 15. Sections 29.259(j) and (k), Education Code, are
359	281		transferred to Subchapter G, Chapter 12, Education Code, as added
360	282		by this Act, redesignated as Section 12.263, Education Code, and
361	283		amended to read as follows:
362		-	Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) ~~Except~~
363		-	~~as otherwise provided by this section,~~ funding ~~[(j) Funding]~~ for an
364		-	~~adult education program operated under a charter~~ granted under this
365		-	~~subchapter [section] is [provided based on the~~ following:
366		-	[(1) for participants who are 26 years of age and
367		-	~~older,~~ an amount per participant from available general revenue
368		-	~~funds~~ appropriated for the program equal to the statewide ~~average~~
369		-	amount of state funding per student in weighted average ~~daily~~
370		-	attendance that would be allocated under the Foundation ~~School~~
371		-	Program to an open-enrollment charter school under Section ~~12.106~~
372		-	were the student under 26 years of age; and
373		-	[(2) for participants who are at least 18 years of age
374		-	and under 26 years of age,] an amount per participant through the
	284	+	Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) [(j)]
	285	+	Funding for an adult education program operated under a charter
	286	+	granted under this subchapter [section] is provided based on the
	287	+	following:
	288	+	(1) for participants who are 26 years of age and older,
	289	+	an amount per participant from available general revenue funds
	290	+	appropriated for the adult education program equal to the statewide
	291	+	average amount of state funding per student in weighted average
	292	+	daily attendance that would be allocated under the Foundation
	293	+	School Program to an open-enrollment charter school under Section
	294	+	12.106 were the student under 26 years of age; and
	295	+	(2) for participants who are at least 18 years of age
	296	+	and under 26 years of age, an amount per participant through the
375	297		Foundation School Program equal to the amount of state funding per
376	298		student in weighted average daily attendance that would be
377	299		allocated under the Foundation School Program for the student's
378	300		attendance at an open-enrollment charter school in accordance with
379	301		Section 12.106.
380		-	(a-1) Notwithstanding any other provision of this section,
381		-	for a school year before the 2023-2024 school year, funding for an
382		-	adult education program operated under this subchapter shall be
383		-	provided in the manner in which funding was provided for the adult
384		-	education program operated under former Section 29.259 for the
385		-	2020-2021 school year in accordance with the average daily
386		-	attendance hold harmless provisions and guidance regarding remote
387		-	instruction implemented by the agency for that school year. This
388		-	subsection expires September 1, 2023.
389		-	(b) For purposes of determining the average daily
390		-	attendance of an adult education program operated under a charter
391		-	granted under this subchapter, a student is considered to be in
392		-	average daily attendance, with a 100 percent attendance rate, for:
393		-	(1) all of the instructional days of the school year,
394		-	if the student is enrolled for at least 75 percent of the school
395		-	year;
396		-	(2) half of the instructional days of the school year,
397		-	if the student is enrolled for at least 50 percent but less than 75
398		-	percent of the school year;
399		-	(3) a quarter of the instructional days of the school
400		-	year, if the student is enrolled for at least 25 percent but less
401		-	than 50 percent of the school year; or
402		-	(4) one-tenth of the instructional days of the school
403		-	year, if the student is enrolled for at least 10 percent but less
404		-	than 25 percent of the school year.
405		-	(c) A student enrolled in an adult education program
406		-	operated under a charter granted under this subchapter for less
407		-	than 10 percent of a school year may not be counted toward the adult
408		-	education program's average daily attendance for that school year.
409		-	(d) For purposes of the compensatory education allotment
410		-	under Section 48.104, the commissioner shall:
411		-	(1) permit an adult education program operated under a
412		-	charter granted under this subchapter to give a final report at the
413		-	end of each school year of students who were enrolled in the adult
414		-	education program at any time during that school year and who
415		-	qualify for that allotment; and
416		-	(2) provide the allotment for each student reported
417		-	under Subdivision (1) in an amount proportional to the duration of
418		-	the student's enrollment in the adult education program.
419		-	(e) For purposes of the college, career, or military
420		-	readiness outcomes bonus under Section 48.110, notwithstanding
421		-	Subsection (f) of that section, an annual graduate of an adult
422		-	education program operated under a charter granted under this
423		-	subchapter demonstrates career readiness by earning an
424		-	industry-accepted certificate not later than six months after
425		-	completing the program.
426		-	(f) In addition to funding provided under Subsection (a), a
427		-	nonprofit entity granted a charter under this subchapter is
428		-	entitled to receive for the adult education program an annual
429		-	allotment, provided in accordance with a schedule established by
430		-	commissioner rule, equal to the maximum basic allotment under
431		-	Section 48.051(a) or (b) multiplied by:
432		-	(1) for each credit earned by a student enrolled in the
433		-	adult education program during the preceding school year:
434		-	(A) 0.01 for a course other than a career and
435		-	technology education course; and
436		-	(B) 0.02 for a career and technology education
437		-	course; and
438		-	(2) 0.1 for each student who successfully completed
439		-	the adult education program and earned a high school diploma during
440		-	the preceding school year.
441		-	(g) [(k)] Sections 12.107 and 12.128 apply as though funds
	302	+	(b) [(k)] Sections 12.107 and 12.128 apply as though funds
442	303		under this section were funds under Subchapter D[, Chapter 12].
443	304		SECTION 16. Section 29.259(r), Education Code, is
444	305		transferred to Subchapter G, Chapter 12, Education Code, as added
445	306		by this Act, redesignated as Section 12.264, Education Code, and
446	307		amended to read as follows:
447	308		Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. [(r)] The
448	309		commissioner or an adult education program operated under a charter
449	310		granted under this subchapter [section] may accept gifts, grants,
450	311		or donations from any public or private source to be used for
451	312		purposes of this subchapter [section].
452	313		SECTION 17. Section 29.259(m), Education Code, is
453	314		transferred to Subchapter G, Chapter 12, Education Code, as added
454	315		by this Act, redesignated as Section 12.265, Education Code, and
455	316		amended to read as follows:
456	317		Sec. 12.265. RULES. (a) [(m)] The commissioner shall adopt
457	318		rules necessary to administer the program under this subchapter,
458	319		including rules to implement and administer:
459	320		(1) the reporting requirements under Section
460	321		12.252(b)(2)(A); and
461	322		(2) the evaluation provisions under Section 12.262
462	323		[section].
463	324		(b) In adopting rules, the commissioner may modify charter
464	325		school requirements only to the extent necessary for the
465	326		administration of a charter school under this subchapter [section]
466	327		that provides for adult education.
467	328		SECTION 18. Section 12.137(a), Education Code, is amended
468	329		to read as follows:
469	330		(a) This section applies only to:
470	331		(1) an open-enrollment charter school designated as a
471	332		dropout recovery school as described by Section 12.1141(c) if the
472	333		enrollment of the school consists only of students 17 years of age
473	334		and older; and
474	335		(2) an adult education program provided under the
475		-	adult [a] high school [diploma and industry certification] charter
	336	+	adult [a] high school diploma and industry certification charter
476	337		school program under Subchapter G [Section 29.259].
477	338		SECTION 19. Section 29.081(d), Education Code, as amended
478	339		by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051),
479	340		Acts of the 86th Legislature, Regular Session, 2019, is reenacted
480	341		and amended to read as follows:
481	342		(d) For purposes of this section, "student at risk of
482	343		dropping out of school" includes each student who:
483	344		(1) is under 26 years of age and who:
484	345		(A) was not advanced from one grade level to the
485	346		next for one or more school years;
486	347		(B) if the student is in grade 7, 8, 9, 10, 11, or
487	348		12, did not maintain an average equivalent to 70 on a scale of 100 in
488	349		two or more subjects in the foundation curriculum during a semester
489	350		in the preceding or current school year or is not maintaining such
490	351		an average in two or more subjects in the foundation curriculum in
491	352		the current semester;
492	353		(C) did not perform satisfactorily on an
493	354		assessment instrument administered to the student under Subchapter
494	355		B, Chapter 39, and who has not in the previous or current school
495	356		year subsequently performed on that instrument or another
496	357		appropriate instrument at a level equal to at least 110 percent of
497	358		the level of satisfactory performance on that instrument;
498	359		(D) if the student is in prekindergarten,
499	360		kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
500	361		a readiness test or assessment instrument administered during the
501	362		current school year;
502	363		(E) is pregnant or is a parent;
503	364		(F) has been placed in an alternative education
504	365		program in accordance with Section 37.006 during the preceding or
505	366		current school year;
506	367		(G) has been expelled in accordance with Section
507	368		37.007 during the preceding or current school year;
508	369		(H) is currently on parole, probation, deferred
509	370		prosecution, or other conditional release;
510	371		(I) was previously reported through the Public
511	372		Education Information Management System (PEIMS) to have dropped out
512	373		of school;
513	374		(J) is a student of limited English proficiency,
514	375		as defined by Section 29.052;
515	376		(K) is in the custody or care of the Department of
516	377		Family and Protective Services or has, during the current school
517	378		year, been referred to the department by a school official, officer
518	379		of the juvenile court, or law enforcement official;
519	380		(L) is homeless;
520	381		(M) resided in the preceding school year or
521	382		resides in the current school year in a residential placement
522	383		facility in the district, including a detention facility, substance
523	384		abuse treatment facility, emergency shelter, psychiatric hospital,
524	385		halfway house, cottage home operation, specialized child-care
525	386		home, or general residential operation; or
526	387		(N) [(14)] has been incarcerated or has a parent
527	388		or guardian who has been incarcerated, within the lifetime of the
528	389		student, in a penal institution as defined by Section 1.07, Penal
529	390		Code; or
530	391		(2) regardless of the student's age, participates in
531	392		an adult education program provided under the adult [a] high school
532		-	[diploma and industry certification] charter school program under
	393	+	diploma and industry certification charter school program under
533	394		Subchapter G, Chapter 12 [Section 29.259].
534		-	SECTION 20. (a) ~~Effective September 1~~, ~~2021~~, ~~Section~~
535		-	~~48.003(a), Education Code, is amended~~ to read as follows:
	395	+	SECTION 20. Section 48.003(a), Education Code, is amended
	396	+	to read as follows:
536	397		(a) A student is entitled to the benefits of the Foundation
537	398		School Program if, on September 1 of the school year, the student:
538	399		(1) is 5 years of age or older and under 21 years of age
539	400		and has not graduated from high school, or is at least 21 years of
540	401		age and under 26 years of age and has been admitted by a school
541	402		district to complete the requirements for a high school diploma; or
542	403		(2) is at least 18 years of age and under 26 years of
543	404		age and is enrolled in an adult education program provided under the
544		-	adult high school [diploma and industry certification] charter
545		-	school program under Subchapter G, Chapter 12 [Section 29.259].
546		-	(b) Effective September 1, 2023, Section 48.003(a),
547		-	Education Code, is amended to read as follows:
548		-	(a) A student is entitled to the benefits of the Foundation
549		-	School Program if, on September 1 of the school year, the student:
550		-	(1) is 5 years of age or older and under 21 years of age
551		-	and has not graduated from high school, or is at least 21 years of
552		-	age and under 26 years of age and has been admitted by a school
553		-	district to complete the requirements for a high school diploma; or
554		-	(2) is at least 18 years of age and under 50 [26] years
555		-	of age and is enrolled in an adult education program provided under
556		-	the adult high school [diploma and industry certification] charter
557		-	school program under Subchapter G, Chapter 12 [Section 29.259].
	405	+	adult high school diploma and industry certification charter school
	406	+	program under Subchapter G, Chapter 12 [Section 29.259].
558	407		SECTION 21. Section 48.005(j), Education Code, is amended
559	408		to read as follows:
560	409		(j) A district or charter school is eligible to earn full
561	410		average daily attendance under Subsection (a) if the district or
562	411		school provides at least 43,200 minutes of instructional time to
563	412		students enrolled in:
564	413		(1) a dropout recovery school or program operating
565	414		under Section 12.1141(c) or Section 39.0548;
566	415		(2) an alternative education program operating under
567	416		Section 37.008;
568	417		(3) a school program located at a day treatment
569	418		facility, residential treatment facility, psychiatric hospital, or
570	419		medical hospital;
571	420		(4) a school program offered at a correctional
572	421		facility; or
573	422		(5) a school operating under Subchapter G, Chapter 12
574	423		[Section 29.259].
575	424		SECTION 22. The following provisions of the Education Code
576	425		are repealed:
577	426		(1) the section heading to Section 29.259; and
578	427		(2) Section 29.259(q).
579		-	SECTION 23. This Act applies beginning with the ~~2021-2022~~
	428	+	SECTION 23. This Act applies beginning with the 2022-2023
580	429		school year.
581		-	SECTION 24. Not later than November 1, 2022, the advisory
582		-	committee established under Section 12.254, Education Code, as
583		-	added by this Act, shall submit its initial recommendations to the
584		-	commissioner of education.
585		-	SECTION 25. (a) A charter granted to a nonprofit entity
586		-	under former Section 29.259, Education Code, before the effective
587		-	date of this Act continues to be valid after the transfer,
588		-	redesignation, and amendment of that section as provided by this
589		-	Act, until September 1, 2025. The entity must apply for a renewal
590		-	of the charter under Subchapter G, Chapter 12, Education Code, as
591		-	added by this Act, to continue operating the charter on or after
592		-	September 1, 2025.
593		-	(b) A nonprofit entity granted a charter under former
594		-	Section 29.259, Education Code, may transfer the charter to another
595		-	nonprofit entity subject to the approval of the commissioner of
596		-	education. Subchapter G, Chapter 12, Education Code, as added by
597		-	this Act, applies to a charter transferred under this subsection on
598		-	the date of the transfer.
599		-	SECTION 26. To the extent of any conflict, this Act prevails
	430	+	SECTION 24. To the extent of any conflict, this Act prevails
600	431		over another Act of the 87th Legislature, Regular Session, 2021,
601	432		relating to nonsubstantive additions to and corrections in enacted
602	433		codes.
603		-	SECTION 27. Except as otherwise provided by this Act, this
604		-	Act takes effect immediately if it receives a vote of two-thirds of
605		-	all the members elected to each house, as provided by Section 39,
606		-	Article III, Texas Constitution. If this Act does not receive the
607		-	vote necessary for immediate effect, this Act takes effect
608		-	September 1, 2021.
	434	+	SECTION 25. This Act takes effect September 1, 2021.