Texas 2021 - 87th Regular

Texas House Bill HB998 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R17150~~ MWC-D
	1	+	87R2797 MWC-D
2	2		By: Dutton H.B. No. 998
3		-	Substitute the following for H.B. No. 998:
4		-	By: Dutton C.S.H.B. No. 998
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the qualifications for designation as a dropout
10		-	recovery school.
	8	+	recovery school and evaluating the performance of dropout recovery
	9	+	schools for purposes of the public school accountability system.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Section 12.1141(c), Education Code, is amended
13	12		to read as follows:
14	13		(c) At the end of the term of a charter for an
15	14		open-enrollment charter school, if a charter holder submits to the
16	15		commissioner a petition for renewal of the charter and the charter
17	16		does not meet the criteria for expedited renewal under Subsection
18	17		(b) or for expiration under Subsection (d), the commissioner shall
19	18		use the discretionary consideration process. The commissioner's
20	19		decision under the discretionary consideration process must take
21	20		into consideration the results of annual evaluations under the
22	21		performance frameworks established under Section 12.1181. The
23	22		renewal of the charter of an open-enrollment charter school that is
24	23		registered under the agency's alternative education accountability
25	24		procedures for evaluation under Chapter 39 shall be considered
26	25		under the discretionary consideration process regardless of the
27	26		performance ratings under Subchapter C, Chapter 39, of the
28	27		open-enrollment charter school or of any campus operating under the
29	28		charter, except that if the charter holder has been assigned a
30	29		financial accountability performance rating under Subchapter D,
31	30		Chapter 39, indicating financial performance that is lower than
32	31		satisfactory for any three of the five preceding school years, the
33	32		commissioner shall allow the charter to expire under Subsection
34	33		(d). In considering the renewal of the charter of an
35	34		open-enrollment charter school that is registered under the
36	35		agency's alternative education accountability procedures for
37	36		evaluation under Chapter 39, such as a dropout recovery school or a
38	37		school providing education within a residential treatment
39	38		facility, the commissioner shall use academic criteria established
40	39		by commissioner rule that are appropriate to measure the specific
41	40		goals of the school. The criteria established by the commissioner
42	41		shall recognize growth in student achievement as well as
43	42		educational attainment. For purposes of this subsection, the
44	43		commissioner shall designate as a dropout recovery school an
45	44		open-enrollment charter school or a campus of an open-enrollment
46	45		charter school:
47	46		(1) that serves students in grades 9 through 12 and has
48		-	an enrollment of which at least ~~60 [~~50] percent of the students are
49		-	16 [17] years of age or older as of September 1 of the school year as
	47	+	an enrollment of which at least 50 percent of the students are 16
	48	+	[17] years of age or older as of September 1 of the school year as
50	49		reported for the fall semester Public Education Information
51	50		Management System (PEIMS) submission; and
52	51		(2) that meets the eligibility requirements for and is
53	52		registered under alternative education accountability procedures
54	53		adopted by the commissioner.
55	54		SECTION 2. Section 12.137(a), Education Code, is amended to
56	55		read as follows:
57	56		(a) This section applies only to:
58	57		(1) an open-enrollment charter school designated as a
59	58		dropout recovery school as described by Section 12.1141(c) if the
60	59		enrollment of the school consists only of students 16 [17] years of
61	60		age and older; and
62	61		(2) an adult education program provided under a high
63	62		school diploma and industry certification charter school program
64	63		under Section 29.259.
65		-	SECTION 3. Section 39.0548(a), Education Code, is ~~amended~~
66		-	to read as follows:
	64	+	SECTION 3. (a) Section 39.0548(a), Education Code, is
	65	+	amended to read as follows:
67	66		(a) For purposes of evaluating performance under Section
68	67		39.053(c), the commissioner shall designate as a dropout recovery
69	68		school a school district or an open-enrollment charter school or a
70	69		campus of a district or of an open-enrollment charter school:
71		-	(1) that:
72		-	(A) serves students in grades 9 through 12 and
73		-	has an enrollment of which at least 60 [50] percent of the students
74		-	are 16 [17] years of age or older as of September 1 of the school
75		-	year as reported for the fall semester Public Education Information
76		-	Management System (PEIMS) submission; or
77		-	(B) applies for and receives designation as a
78		-	dropout recovery school in accordance with commissioner rule; and
	70	+	(1) that serves students in grades 9 through 12 and has
	71	+	an enrollment of which at least 50 percent of the students are 16
	72	+	[17] years of age or older as of September 1 of the school year as
	73	+	reported for the fall semester Public Education Information
	74	+	Management System (PEIMS) submission; and
79	75		(2) that meets the eligibility requirements for and is
80	76		registered under alternative education accountability procedures
81	77		adopted by the commissioner.
82		-	SECTION 4. This Act applies beginning with the 2021-2022
83		-	school year.
84		-	SECTION 5. This Act takes effect immediately if it receives
85		-	a vote of two-thirds of all the members elected to each house, as
86		-	provided by Section 39, Article III, Texas Constitution. If this
87		-	Act does not receive the vote necessary for immediate effect, this
88		-	Act takes effect September 1, 2021.
	78	+	(b) Effective September 1, 2023, Section 39.0548, Education
	79	+	Code, is amended by amending Subsections (a) and (d) and adding
	80	+	Subsections (a-1), (e), and (f) to read as follows:
	81	+	(a) For purposes of evaluating performance under Section
	82	+	39.053(c), the commissioner shall designate as a dropout recovery
	83	+	school a school district or an open-enrollment charter school or a
	84	+	campus of a district or of an open-enrollment charter school:
	85	+	(1) that serves students in grades 9 through 12 and has
	86	+	an enrollment of which at least 50 percent of the students are 16
	87	+	[17] years of age or older as of September 1 of the school year as
	88	+	reported for the fall semester Public Education Information
	89	+	Management System (PEIMS) submission; and
	90	+	(2) that [meets the eligibility requirements for and]
	91	+	is registered under alternative education accountability
	92	+	procedures adopted by the commissioner.
	93	+	(a-1) For purposes of assigning performance ratings under
	94	+	Section 39.054, the commissioner shall evaluate a dropout recovery
	95	+	school under alternative education accountability procedures
	96	+	adopted by the commissioner.
	97	+	(d) For [Notwithstanding Section 39.053(c), for] purposes
	98	+	of evaluating a dropout recovery school under the alternative
	99	+	education accountability procedures adopted by the commissioner
	100	+	[to determine the performance rating of the school under Section
	101	+	39.054], only the best result from the primary administration or
	102	+	any retake of an assessment instrument administered to a student in
	103	+	the school year evaluated may be considered in assigning
	104	+	performance ratings for the school under 39.054.
	105	+	(e) To the extent consistent with or permitted by an
	106	+	authorized waiver of federal law, the commissioner, for purposes of
	107	+	evaluating performance of a dropout recovery school under the
	108	+	alternative education accountability procedures adopted by the
	109	+	commissioner, shall adopt performance targets for the student
	110	+	achievement domain under Section 39.053(c)(1) and the school
	111	+	progress domain under Section 39.053(c)(2) that are based on the
	112	+	average performance of school districts and campuses registered
	113	+	under the alternative education accountability procedures for the
	114	+	preceding school year for those respective domains.
	115	+	(f) To the extent consistent with or permitted by an
	116	+	authorized waiver of federal law, the commissioner, for purposes of
	117	+	evaluating performance of a dropout recovery school under the
	118	+	alternative education accountability procedures adopted by the
	119	+	commissioner, shall attribute to a dropout recovery school not less
	120	+	than a minimum scaled score of 60 for the closing the gaps domain
	121	+	under Section 39.053(c)(3).
	122	+	SECTION 4. Sections 12.1141(c) and 12.137(a), Education
	123	+	Code, as amended by this Act, and Section 39.0548(a), Education
	124	+	Code, as amended by Section 3(a) of this Act, apply beginning with
	125	+	the 2021-2022 school year.
	126	+	SECTION 5. (a) Not later than September 1, 2023, the
	127	+	commissioner of education shall:
	128	+	(1) obtain any necessary waiver from the application
	129	+	of federal law or regulation conflicting with Section 39.0548,
	130	+	Education Code, as amended by this Act, effective September 1,
	131	+	2023; or
	132	+	(2) receive written notification from the United
	133	+	States Department of Education that a waiver is not required for
	134	+	Section 39.0548, Education Code, as amended by this Act, effective
	135	+	September 1, 2023, to take effect.
	136	+	(b) If the commissioner of education obtains any necessary
	137	+	waiver or receives written notification that a waiver is not needed
	138	+	as described by Subsection (a) of this section, the commissioner
	139	+	shall certify that the commissioner has obtained the waiver or
	140	+	received notification that a waiver is not required, as applicable,
	141	+	and shall publish notice of that fact in the Texas Register as soon
	142	+	as practicable after obtaining the waiver or receiving
	143	+	notification.
	144	+	SECTION 6. Except as otherwise provided by this Act, this
	145	+	Act takes effect immediately if it receives a vote of two-thirds of
	146	+	all the members elected to each house, as provided by Section 39,
	147	+	Article III, Texas Constitution. If this Act does not receive the
	148	+	vote necessary for immediate effect, this Act takes effect
	149	+	September 1, 2021.