87R9764 KJE-F
By: Bettencourt S.B. No. 1615
A BILL TO BE ENTITLED
AN ACT
relating to the adult high school charter school program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Education Code, is amended by adding
Subchapter G, and a heading is added to that subchapter to read as
follows:
SUBCHAPTER G. ADULT HIGH SCHOOL CHARTER SCHOOL PROGRAM
SECTION 2. Section 29.259(a), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.251, Education Code, and
amended to read as follows:
Sec. 12.251. DEFINITIONS. [(a)] In this subchapter:
(1) "Adult [section, "adult] education" means
services and instruction provided below the college level for
adults by a nonprofit entity granted a charter under this
subchapter [described by Subsection (e)].
(2) "Program," unless the context indicates
otherwise, means the adult high school charter school program
established under this subchapter.
SECTION 3. Section 29.259(n), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.252, Education Code, and
amended to read as follows:
Sec. 12.252. APPLICABILITY OF CERTAIN PROVISIONS. (a) The
provisions of this chapter relating to charter schools do not apply
to an adult education program operated under a charter granted
under this subchapter except as otherwise provided by this
subchapter or by commissioner rule.
(b) [(n)] An adult education program operated under a
charter granted under this subchapter [section] is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary as determined by the
commissioner to monitor compliance with this subchapter [section]
and, as applicable, Subchapter D[, Chapter 12];
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation requirements under
Section 28.025, to the extent applicable to a program participant;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) health and safety under Chapter 38;
(G) the requirement under Section 21.006 to
report an educator's misconduct; and
(H) the right of an employee to report a crime, as
provided by Section 37.148.
SECTION 4. Section 29.259(b), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.253, Education Code, and
amended to read as follows:
Sec. 12.253. ESTABLISHMENT OF PROGRAM. [(b)] The
commissioner, in consultation with the advisory committee
established under Section 12.254, shall establish an adult high
school [diploma and industry certification] charter school program
as provided by this subchapter [section] as a strategy for meeting
industry needs for a sufficiently trained workforce within the
state and adding to the economic and educational prosperity of the
state.
SECTION 5. Subchapter G, Chapter 12, Education Code, as
added by this Act, is amended by adding Section 12.254 to read as
follows:
Sec. 12.254. ADVISORY COMMITTEE. (a) An advisory
committee is established to make recommendations to the
commissioner regarding:
(1) the secondary exit-level assessment tool adopted
or developed under Section 12.260 and the satisfactory performance
level for that tool; and
(2) the accountability frameworks adopted under
Section 12.262.
(b) The advisory committee is composed of seven members
appointed as follows:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) one member appointed by the commissioner;
(5) one member appointed by the executive director of
the Texas Workforce Commission;
(6) one member appointed by the commissioner of higher
education; and
(7) the superintendent of the charter school operating
under the charter granted under former Section 29.259.
(c) Each member appointed to the advisory committee must
have experience or expertise in adult or workforce education.
(d) Members of the advisory committee serve at the pleasure
of the appointing official.
(e) The governor shall designate a member of the advisory
committee as presiding officer to serve in that capacity at the
pleasure of the governor.
(f) Members of the advisory committee are not entitled to
compensation but are entitled to reimbursement for actual and
necessary expenses incurred in fulfilling committee duties.
(g) Staff members of the agency shall provide
administrative support for the advisory committee.
(h) The agency shall provide funding for any administrative
and operational expenses of the advisory committee.
SECTION 6. Section 29.259(d), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.255, Education Code, and
amended to read as follows:
Sec. 12.255. AUTHORIZATION FOR CHARTER. (a) [(d)]
Notwithstanding any other law and in addition to the number of
charters allowed under Subchapter D, [Chapter 12,] the commissioner
may, subject to Subsection (b) and on the basis of an application
submitted, grant a charter under the program to a [single]
nonprofit entity described by Section 12.256 [Subsection (e)] to
provide an adult education program for individuals described by
Section 12.258 [Subsection (g)] to successfully complete:
(1) a high school program that can lead to a diploma;
and
(2) career and technology education courses that can
lead to industry certification.
(b) Subject to Subsection (c), the commissioner may not
grant more than two charters in a calendar year or more than six
charters total under this subchapter. In granting charters, the
commissioner may not grant a total of more than:
(1) two charters before September 1, 2024; or
(2) four charters before September 1, 2026.
(c) A charter granted under former Section 29.259 may not be
counted toward the limit under Subsection (b).
(d) A nonprofit entity granted a charter under the program
may not operate more than five campuses under that charter during
the first two years after the charter is granted.
SECTION 7. Section 29.259(e), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.256, Education Code, and
amended to read as follows:
Sec. 12.256. CHARTER HOLDER QUALIFICATIONS. [(e)] A
nonprofit entity may be granted a charter under this subchapter
[section] only if the entity[:
[(1)] has a successful history of providing education
services, including industry certifications and job placement
services, to adults 18 years of age and older whose educational and
training opportunities have been limited by educational
disadvantages, disabilities, homelessness, criminal history, or
similar marginalizing circumstances[; and
[(2) agrees to commit at least $1 million to the adult
education program offered].
SECTION 8. Sections 29.259(h) and (i), Education Code, are
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.257, Education Code, and
amended to read as follows:
Sec. 12.257. APPLICATION; CHARTER CONTENT. (a) A [(h) The]
nonprofit entity must include in its charter application the
information required by Subsection (b) [(i)].
(b) [(i)] A charter granted under this subchapter [section]
must:
(1) include a description of the adult education
program to be offered under this subchapter [section]; and
(2) establish specific, objective standards for
receiving a high school diploma, including:
(A) successful completion of:
(i) if applicable to the program
participant, the curriculum requirements under Section 28.025; or
(ii) the appropriate curriculum
requirements applicable to the program participant; and
(B) satisfactory performance on the standardized
secondary exit-level assessment instrument described by Section
12.260 [Subsection (c)].
SECTION 9. Sections 29.259(g) and (g-1), Education Code,
are transferred to Subchapter G, Chapter 12, Education Code, as
added by this Act, redesignated as Section 12.258, Education Code,
and amended to read as follows:
Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION. (a) [(g)] A
person who is at least 18 years of age and not more than 50 years of
age is eligible to enroll in an [the] adult education program
operated under a charter granted under this subchapter [section] if
the person:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument required for high school graduation.
(b) [(g-1)] In admitting students to an [the] adult
education program operated under a charter granted under this
subchapter [section], a [the] nonprofit entity shall give priority
to a person who has not earned a high school equivalency
certificate.
SECTION 10. Section 29.259(i-1), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.259, Education Code, and
amended to read as follows:
Sec. 12.259. ADULT EDUCATION PROGRAM. (a) An [(i-1) The]
adult education program operated under a charter granted [offered]
under this subchapter [section] must:
(1) use an instructional model in which a significant
portion [at least 75 percent] of instruction, as approved by the
commissioner, is delivered [by a teacher] in a teacher-led [an
in-person], interactive classroom environment [setting]; [and]
(2) provide access to:
(A) career and technical education courses that
lead to an industry certification;
(B) career readiness training;
(C) postsecondary counseling; and
(D) job-placement services; and
(3) provide support services to students, including:
(A) child care at no cost to students;
(B) life coaching services, at a ratio not to
exceed one life coach for every 100 students, that use strategic and
holistic interventions designed to facilitate graduation planning
and assist students in overcoming life obstacles to achieve
academic and career goals;
(C) mental health counseling; [and]
(D) for students with identified disabilities or
impairments, instructional support services; and
(E) transportation assistance.
SECTION 11. Section 29.259(f), Education Code, is
transferred to Section 12.259, Education Code, as added by this
Act, redesignated as Subsection (b) of that section, and amended to
read as follows:
(b) [(f)] A nonprofit entity granted a charter under this
subchapter [section] may partner with a public junior college or a
provider or organization approved by the Texas Workforce Commission
to provide career and technology courses that lead to industry
certification through an adult education program described by
Subsection (a).
SECTION 12. Section 29.259(c), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.260, Education Code, and
amended to read as follows:
Sec. 12.260. ASSESSMENT INSTRUMENT. (a) [(c)] The agency,
in cooperation with the advisory committee established under
Section 12.254, shall adopt or develop and administer a
standardized secondary exit-level assessment instrument
appropriate for assessing [adult education] program participants
who successfully complete high school curriculum requirements
under an adult education [a] program operated under a charter
granted [provided] under this subchapter [section].
(b) The commissioner, in cooperation with the advisory
committee established under Section 12.254, shall determine the
level of performance considered to be satisfactory on the secondary
exit-level assessment instrument adopted under Subsection (a) for
receipt of a high school diploma by a [an adult education] program
participant in an adult education [a] program operated under a
charter granted [provided] under this subchapter [section].
(c) For a school year before the 2025-2026 school year, the
agency shall adopt and administer the Algebra I, English II, and
biology end-of-course assessment instruments adopted under Section
39.023(c) as the secondary exit-level assessment instrument
required under this section. The level of performance considered to
be satisfactory on those assessment instruments for purposes of
this subsection is the level of performance adopted under 19 T.A.C.
Section 101.4003(a), as that rule existed on January 1, 2021. This
subsection expires September 1, 2025.
SECTION 13. Section 29.259(i-2), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.261, Education Code, and
amended to read as follows:
Sec. 12.261. EXPANSION AMENDMENT. (a) Not [(i-2) If money
is appropriated for a state fiscal year for expansion of the program
under this section, not] later than June 30 of each [the state
fiscal] year [in which the appropriation is made], a [the]
nonprofit entity granted a charter under this subchapter [section]
must submit any request for approval of an expansion amendment
intended to take effect the next school year.
(b) An [The] expansion amendment submitted under Subsection
(a) is considered approved if the commissioner does not provide
written notice to the nonprofit entity of the disapproval of the
expansion amendment on or before August 1.
SECTION 14. Sections 29.259(o) and (p), Education Code, are
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.262, Education Code, and
amended to read as follows:
Sec. 12.262. ACCOUNTABILITY; REVOCATION OF CHARTER. (a)
[(o)] The commissioner, in cooperation with the advisory committee
established under Section 12.254, shall develop and adopt an
accountability framework [performance frameworks] that establishes
[establish] standards by which to measure the performance of an
adult education [high school] program operated under a charter
granted under this subchapter [section in a manner consistent with
the requirements provided for an open-enrollment charter school
under Sections 12.1181(a) and (b)].
(b) The commissioner shall include in the accountability
framework [performance frameworks] adopted under Subsection (a)
[this subsection the following] performance domains that measure:
(1) academic growth;
(2) career readiness;
(3) one-year post-graduation and longitudinal
postsecondary outcomes;
(4) longitudinal wage and career growth; and
(5) operational performance.
(b-1) For a school year before the 2024-2025 school year,
the accountability framework adopted under Subsection (a) shall
include the following performance measures [indicators]:
(1) the percentage of program participants who
performed satisfactorily on the standardized secondary exit-level
assessment instrument described by Section 12.260(c) [Subsection
(c)];
(2) the percentage of program participants who
successfully completed the adult education [high school] program
and earned a high school diploma;
(3) the percentage of program participants who
successfully completed career and technology education courses and
obtained industry certification within six months after completing
the adult education program;
(4) the percentage of program participants who have
enrolled in an institution of higher education or private or
independent institution of higher education, as those terms are
defined under Section 61.003, within six months after completing
the adult education program; and
(5) operational performance as measured under the
performance frameworks adopted under Section 12.1181 [the
percentage of program participants who earned a wage, salary, or
other income increase that was significant as determined and
reported by the Texas Workforce Commission].
(c) The commissioner shall adopt a separate accountability
framework for an adult education program located in a correctional
facility, as that term is defined by Section 1.07, Penal Code.
(c-1) For a school year before the 2024-2025 school year,
the accountability framework adopted under Subsection (c) shall
include the following performance measures:
(1) the percentage of program participants who
performed satisfactorily on the standardized secondary exit-level
assessment instrument described by Section 12.260(c); and
(2) the percentage of program participants who
successfully completed the adult education program and earned a
high school diploma.
(c-2) Subsections (b-1) and (c-1) and this subsection
expire September 1, 2024.
(d) [(p)] Each year, the commissioner shall evaluate the
performance of an adult education [high school] program operated
under a charter granted under this subchapter [section] based on
the applicable accountability framework [performance frameworks]
adopted under this section [Subsection (o)].
(e) The commissioner may revoke a charter to operate an
adult education program granted under this subchapter if the
charter's adult education program fails to meet the minimum
performance standards established by commissioner rule on the
applicable accountability framework adopted under this section for
three consecutive school years after the first year of operation.
(f) The commissioner, in cooperation with the advisory
committee established under Section 12.254, shall review and, if
necessary, revise each accountability framework adopted under this
section at least once every three years.
SECTION 15. Sections 29.259(j) and (k), Education Code, are
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.263, Education Code, and
amended to read as follows:
Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) Except
as otherwise provided by this section, funding [(j) Funding] for an
adult education program operated under a charter granted under this
subchapter [section] is [provided based on the following:
[(1) for participants who are 26 years of age and
older, an amount per participant from available general revenue
funds appropriated for the program equal to the statewide average
amount of state funding per student in weighted average daily
attendance that would be allocated under the Foundation School
Program to an open-enrollment charter school under Section 12.106
were the student under 26 years of age; and
[(2) for participants who are at least 18 years of age
and under 26 years of age,] an amount per participant through the
Foundation School Program equal to the amount of state funding per
student in weighted average daily attendance that would be
allocated under the Foundation School Program for the student's
attendance at an open-enrollment charter school in accordance with
Section 12.106.
(b) For purposes of determining the average daily
attendance of an adult education program operated under a charter
granted under this subchapter, a student is considered to be in
average daily attendance, with a 100 percent attendance rate, for:
(1) all of the instructional days of the school year,
if the student is enrolled for at least 75 percent of the school
year;
(2) half of the instructional days of the school year,
if the student is enrolled for at least 50 percent but less than 75
percent of the school year;
(3) a quarter of the instructional days of the school
year, if the student is enrolled for at least 25 percent but less
than 50 percent of the school year; or
(4) one-tenth of the instructional days of the school
year, if the student is enrolled for at least 10 percent but less
than 25 percent of the school year.
(c) A student enrolled in an adult education program
operated under a charter granted under this subchapter for less
than 10 percent of a school year may not be counted toward the adult
education program's average daily attendance for that school year.
(d) For purposes of the compensatory education allotment
under Section 48.104, the commissioner shall:
(1) permit an adult education program operated under a
charter granted under this subchapter to give a final report at the
end of each school year of students who were enrolled in the adult
education program at any time during that school year and who
qualify for that allotment; and
(2) provide the allotment for each student reported
under Subdivision (1) in an amount proportional to the duration of
the student's enrollment in the adult education program.
(e) For purposes of the college, career, or military
readiness outcomes bonus under Section 48.110, notwithstanding
Subsection (f) of that section, an annual graduate of an adult
education program operated under a charter granted under this
subchapter demonstrates career readiness by earning an
industry-accepted certificate not later than six months after
completing the program.
(f) In addition to funding provided under Subsection (a), a
nonprofit entity granted a charter under this subchapter is
entitled to receive for the adult education program an annual
allotment, provided in accordance with a schedule established by
commissioner rule, equal to the maximum basic allotment under
Section 48.051(a) or (b) multiplied by:
(1) for each credit earned by a student enrolled in the
adult education program during the preceding school year:
(A) 0.01 for a course other than a career and
technology education course; and
(B) 0.02 for a career and technology education
course; and
(2) 0.1 for each student who successfully completed
the adult education program and earned a high school diploma during
the preceding school year.
(g) [(k)] Sections 12.107 and 12.128 apply as though funds
under this section were funds under Subchapter D[, Chapter 12].
SECTION 16. Section 29.259(r), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.264, Education Code, and
amended to read as follows:
Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. [(r)] The
commissioner or an adult education program operated under a charter
granted under this subchapter [section] may accept gifts, grants,
or donations from any public or private source to be used for
purposes of this subchapter [section].
SECTION 17. Section 29.259(m), Education Code, is
transferred to Subchapter G, Chapter 12, Education Code, as added
by this Act, redesignated as Section 12.265, Education Code, and
amended to read as follows:
Sec. 12.265. RULES. (a) [(m)] The commissioner shall adopt
rules necessary to administer the program under this subchapter,
including rules to implement and administer:
(1) the reporting requirements under Section
12.252(b)(2)(A); and
(2) the evaluation provisions under Section 12.262
[section].
(b) In adopting rules, the commissioner may modify charter
school requirements only to the extent necessary for the
administration of a charter school under this subchapter [section]
that provides for adult education.
SECTION 18. Section 12.137(a), Education Code, is amended
to read as follows:
(a) This section applies only to:
(1) an open-enrollment charter school designated as a
dropout recovery school as described by Section 12.1141(c) if the
enrollment of the school consists only of students 17 years of age
and older; and
(2) an adult education program provided under the
adult [a] high school [diploma and industry certification] charter
school program under Subchapter G [Section 29.259].
SECTION 19. Section 29.081(d), Education Code, as amended
by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
and amended to read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who:
(1) is under 26 years of age and who:
(A) was not advanced from one grade level to the
next for one or more school years;
(B) if the student is in grade 7, 8, 9, 10, 11, or
12, did not maintain an average equivalent to 70 on a scale of 100 in
two or more subjects in the foundation curriculum during a semester
in the preceding or current school year or is not maintaining such
an average in two or more subjects in the foundation curriculum in
the current semester;
(C) did not perform satisfactorily on an
assessment instrument administered to the student under Subchapter
B, Chapter 39, and who has not in the previous or current school
year subsequently performed on that instrument or another
appropriate instrument at a level equal to at least 110 percent of
the level of satisfactory performance on that instrument;
(D) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(E) is pregnant or is a parent;
(F) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(G) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(H) is currently on parole, probation, deferred
prosecution, or other conditional release;
(I) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(J) is a student of limited English proficiency,
as defined by Section 29.052;
(K) is in the custody or care of the Department of
Family and Protective Services or has, during the current school
year, been referred to the department by a school official, officer
of the juvenile court, or law enforcement official;
(L) is homeless;
(M) resided in the preceding school year or
resides in the current school year in a residential placement
facility in the district, including a detention facility, substance
abuse treatment facility, emergency shelter, psychiatric hospital,
halfway house, cottage home operation, specialized child-care
home, or general residential operation; or
(N) [(14)] has been incarcerated or has a parent
or guardian who has been incarcerated, within the lifetime of the
student, in a penal institution as defined by Section 1.07, Penal
Code; or
(2) regardless of the student's age, participates in
an adult education program provided under the adult [a] high school
[diploma and industry certification] charter school program under
Subchapter G, Chapter 12 [Section 29.259].
SECTION 20. Section 48.003(a), Education Code, is amended
to read as follows:
(a) A student is entitled to the benefits of the Foundation
School Program if, on September 1 of the school year, the student:
(1) is 5 years of age or older and under 21 years of age
and has not graduated from high school, or is at least 21 years of
age and under 26 years of age and has been admitted by a school
district to complete the requirements for a high school diploma; or
(2) is at least 18 years of age and under 50 [26] years
of age and is enrolled in an adult education program provided under
the adult high school [diploma and industry certification] charter
school program under Subchapter G, Chapter 12 [Section 29.259].
SECTION 21. Section 48.005(j), Education Code, is amended
to read as follows:
(j) A district or charter school is eligible to earn full
average daily attendance under Subsection (a) if the district or
school provides at least 43,200 minutes of instructional time to
students enrolled in:
(1) a dropout recovery school or program operating
under Section 12.1141(c) or Section 39.0548;
(2) an alternative education program operating under
Section 37.008;
(3) a school program located at a day treatment
facility, residential treatment facility, psychiatric hospital, or
medical hospital;
(4) a school program offered at a correctional
facility; or
(5) a school operating under Subchapter G, Chapter 12
[Section 29.259].
SECTION 22. The following provisions of the Education Code
are repealed:
(1) the section heading to Section 29.259; and
(2) Section 29.259(q).
SECTION 23. This Act applies beginning with the 2021-2022
school year.
SECTION 24. Not later than November 1, 2022, the advisory
committee established under Section 12.254, Education Code, as
added by this Act, shall submit its initial recommendations to the
commissioner of education.
SECTION 25. (a) A charter granted to a nonprofit entity
under former Section 29.259, Education Code, before the effective
date of this Act continues to be valid after the transfer,
redesignation, and amendment of that section as provided by this
Act, until September 1, 2025. The entity must apply for a renewal
of the charter under Subchapter G, Chapter 12, Education Code, as
added by this Act, to continue operating the charter on or after
September 1, 2025.
(b) A nonprofit entity granted a charter under former
Section 29.259, Education Code, may transfer the charter to another
nonprofit entity subject to the approval of the commissioner of
education. Subchapter G, Chapter 12, Education Code, as added by
this Act, applies to a charter transferred under this subsection on
the date of the transfer.
SECTION 26. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 27. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.