Texas 2021 - 87th Regular

Texas Senate Bill SB1615 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1615
	1	+	By: Bettencourt, et al. S.B. No. 1615
	2	+	(VanDeaver, Bernal)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the adult high school charter school program.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Chapter 12, Education Code, is amended by adding
8	10		Subchapter G, and a heading is added to that subchapter to read as
9	11		follows:
10	12		SUBCHAPTER G. ADULT HIGH SCHOOL CHARTER SCHOOL PROGRAM
11	13		SECTION 2. Section 29.259(a), Education Code, is
12	14		transferred to Subchapter G, Chapter 12, Education Code, as added
13	15		by this Act, redesignated as Section 12.251, Education Code, and
14	16		amended to read as follows:
15	17		Sec. 12.251. DEFINITIONS. [(a)] In this subchapter:
16	18		(1) "Adult [section, "adult] education" means
17	19		services and instruction provided below the college level for
18	20		adults by a nonprofit entity granted a charter under this
19	21		subchapter [described by Subsection (e)].
20	22		(2) "Program," unless the context indicates
21	23		otherwise, means the adult high school charter school program under
22	24		this subchapter.
23	25		SECTION 3. Section 29.259(n), Education Code, is
24	26		transferred to Subchapter G, Chapter 12, Education Code, as added
25	27		by this Act, redesignated as Section 12.252, Education Code, and
26	28		amended to read as follows:
27	29		Sec. 12.252. APPLICABILITY OF CERTAIN PROVISIONS. (a) The
28	30		provisions of this chapter relating to charter schools do not apply
29	31		to an adult education program operated under a charter granted
30	32		under this subchapter except as otherwise provided by this
31	33		subchapter or by commissioner rule.
32	34		(b) [(n)] An adult education program operated under a
33	35		charter granted under this subchapter [section] is subject to:
34	36		(1) a provision of this title establishing a criminal
35	37		offense; and
36	38		(2) a prohibition, restriction, or requirement, as
37	39		applicable, imposed by this title or a rule adopted under this
38	40		title, relating to:
39	41		(A) the Public Education Information Management
40	42		System (PEIMS) to the extent necessary as determined by the
41	43		commissioner to monitor compliance with this subchapter [section]
42	44		and, as applicable, Subchapter D[, Chapter 12];
43	45		(B) criminal history records under Subchapter C,
44	46		Chapter 22;
45	47		(C) high school graduation requirements under
46	48		Section 28.025, to the extent applicable to a program participant;
47	49		(D) special education programs under Subchapter
48	50		A, Chapter 29;
49	51		(E) bilingual education under Subchapter B,
50	52		Chapter 29;
51	53		(F) health and safety under Chapter 38;
52	54		(G) the requirement under Section 21.006 to
53	55		report an educator's misconduct; and
54	56		(H) the right of an employee to report a crime, as
55	57		provided by Section 37.148.
56	58		SECTION 4. Section 29.259(b), Education Code, is
57	59		transferred to Subchapter G, Chapter 12, Education Code, as added
58	60		by this Act, redesignated as Section 12.253, Education Code, and
59	61		amended to read as follows:
60	62		Sec. 12.253. PURPOSE. [(b)] The purpose of the
61	63		[commissioner shall establish an] adult high school [diploma and
62	64		industry certification] charter school program, as established
63	65		under former Section 29.259 and provided by this subchapter, is to
64	66		meet [section as a strategy for meeting] industry needs for a
65	67		sufficiently trained workforce within the state and strengthen the
66	68		economic and educational prosperity of the state.
67	69		SECTION 5. Subchapter G, Chapter 12, Education Code, as
68	70		added by this Act, is amended by adding Section 12.254 to read as
69	71		follows:
70	72		Sec. 12.254. ADVISORY COMMITTEE. (a) An advisory
71	73		committee is established to make recommendations to the
72	74		commissioner regarding:
73	75		(1) the secondary exit-level assessment tool adopted
74	76		or developed under Section 12.260 and the satisfactory performance
75	77		level for that tool; and
76	78		(2) the accountability frameworks adopted under
77	79		Section 12.262, including the performance domains and measures in
78	80		each framework.
79	81		(b) The advisory committee is composed of seven members
80	82		appointed as follows:
81	83		(1) one member appointed by the governor;
82	84		(2) one member appointed by the lieutenant governor;
83	85		(3) one member appointed by the speaker of the house of
84	86		representatives;
85	87		(4) one member appointed by the commissioner;
86	88		(5) one member appointed by the executive director of
87	89		the Texas Workforce Commission;
88	90		(6) one member appointed by the commissioner of higher
89	91		education; and
90	92		(7) the superintendent of the charter school operating
91	93		under the charter granted under former Section 29.259.
92	94		(c) Each member appointed to the advisory committee must
93	95		have experience or expertise in adult or workforce education.
94	96		(d) Members of the advisory committee serve at the pleasure
95	97		of the appointing official.
96	98		(e) The governor shall designate a member of the advisory
97	99		committee as presiding officer to serve in that capacity at the
98	100		pleasure of the governor.
99	101		(f) Members of the advisory committee are not entitled to
100	102		compensation but are entitled to reimbursement for actual and
101	103		necessary expenses incurred in fulfilling committee duties.
102	104		(g) Staff members of the agency shall provide
103	105		administrative support for the advisory committee.
104	106		(h) The agency shall provide funding for any administrative
105	107		and operational expenses of the advisory committee.
106	108		SECTION 6. Section 29.259(d), Education Code, is
107	109		transferred to Subchapter G, Chapter 12, Education Code, as added
108	110		by this Act, redesignated as Section 12.255, Education Code, and
109	111		amended to read as follows:
110	112		Sec. 12.255. AUTHORIZATION FOR CHARTER. (a) [(d)]
111	113		Notwithstanding any other law and in addition to the number of
112	114		charters allowed under Subchapter D, [Chapter 12,] the commissioner
113	115		may, subject to Subsection (c) and on the basis of an application
114	116		submitted, grant a charter under the program to a [single]
115	117		nonprofit entity described by Section 12.256 [Subsection (e)] to
116	118		provide an adult education program for individuals described by
117	119		Section 12.258 [Subsection (g)] to successfully complete:
118	120		(1) a high school program that can lead to a diploma;
119	121		and
120	122		(2) career and technology education courses that can
121	123		lead to industry certification.
122	124		(b) A nonprofit entity, other than the nonprofit entity
123	125		granted a charter under former Section 29.259, is not entitled to an
124	126		automatic grant of a charter under this subchapter on the basis that
125	127		the entity holds a charter or operates a charter school under
126	128		another provision of this chapter.
127	129		(c) Subject to Subsection (d), the commissioner may not
128	130		grant more than two charters in a calendar year or more than six
129	131		charters total under this subchapter. In granting charters, the
130	132		commissioner may not grant:
131	133		(1) a charter before September 1, 2023; or
132	134		(2) a total of more than:
133	135		(A) two charters before September 1, 2024; or
134	136		(B) four charters before September 1, 2026.
135	137		(d) A charter granted under former Section 29.259 may not be
136	138		counted toward the limit under Subsection (c).
137	139		(e) A nonprofit entity granted a charter under the program
138	140		may not enroll more than 350 students in an adult education program
139	141		operated under that charter during the first two years after the
140	142		charter is granted. This subsection does not apply to a charter
141	143		granted under former Section 29.259, regardless of whether that
142	144		charter is transferred to another nonprofit entity as provided by
143	145		law.
144	146		SECTION 7. Section 29.259(e), Education Code, is
145	147		transferred to Subchapter G, Chapter 12, Education Code, as added
146	148		by this Act, redesignated as Section 12.256, Education Code, and
147	149		amended to read as follows:
148	150		Sec. 12.256. CHARTER HOLDER QUALIFICATIONS. [(e)] A
149	151		nonprofit entity may be granted a charter under this subchapter
150	152		[section] only if the entity[:
151	153		[(1)] has a successful history of providing education
152	154		services, including industry certifications and job placement
153	155		services, to adults 18 years of age and older whose educational and
154	156		training opportunities have been limited by educational
155	157		disadvantages, disabilities, homelessness, criminal history, or
156	158		similar marginalizing circumstances[; and
157	159		[(2) agrees to commit at least $1 million to the adult
158	160		education program offered].
159	161		SECTION 8. Sections 29.259(h) and (i), Education Code, are
160	162		transferred to Subchapter G, Chapter 12, Education Code, as added
161	163		by this Act, redesignated as Section 12.257, Education Code, and
162	164		amended to read as follows:
163	165		Sec. 12.257. APPLICATION; CHARTER CONTENT. (a) A [(h) The]
164	166		nonprofit entity must include in its charter application the
165	167		information required by Subsection (b) [(i)].
166	168		(b) [(i)] A charter granted under this subchapter [section]
167	169		must:
168	170		(1) include a description of the adult education
169	171		program to be offered under this subchapter [section]; and
170	172		(2) establish specific, objective standards for
171	173		receiving a high school diploma, including:
172	174		(A) successful completion of:
173	175		(i) if applicable to the program
174	176		participant, the curriculum requirements under Section 28.025; or
175	177		(ii) the appropriate curriculum
176	178		requirements applicable to the program participant; and
177	179		(B) satisfactory performance on the standardized
178	180		secondary exit-level assessment instrument described by Section
179	181		12.260 [Subsection (c)].
180	182		SECTION 9. Sections 29.259(g) and (g-1), Education Code,
181	183		are transferred to Subchapter G, Chapter 12, Education Code, as
182	184		added by this Act, redesignated as Section 12.258, Education Code,
183	185		and amended to read as follows:
184	186		Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION. (a) [(g)] A
185	187		person who is at least 18 years of age and not more than 50 years of
186	188		age is eligible to enroll in an [the] adult education program
187	189		operated under a charter granted under this subchapter [section] if
188	190		the person:
189	191		(1) has failed to complete the curriculum requirements
190	192		for high school graduation; or
191	193		(2) has failed to perform satisfactorily on an
192	194		assessment instrument required for high school graduation.
193	195		(b) [(g-1)] In admitting students to an [the] adult
194	196		education program operated under a charter granted under this
195	197		subchapter [section], a [the] nonprofit entity shall give priority
196	198		to a person who has not earned a high school equivalency
197	199		certificate.
198	200		SECTION 10. Section 29.259(i-1), Education Code, is
199	201		transferred to Subchapter G, Chapter 12, Education Code, as added
200	202		by this Act, redesignated as Section 12.259, Education Code, and
201	203		amended to read as follows:
202	204		Sec. 12.259. ADULT EDUCATION PROGRAM. (a) An [(i-1) The]
203	205		adult education program operated under a charter granted [offered]
204	206		under this subchapter [section] must:
205	207		(1) use an instructional model in which a significant
206	208		portion [at least 75 percent] of instruction, as approved by the
207	209		commissioner, is delivered [by a teacher] in a teacher-led [an
208	210		in-person], interactive classroom environment [setting]; [and]
209	211		(2) provide access to:
210	212		(A) career and technical education courses that
211	213		lead to an industry certification;
212	214		(B) career readiness training;
213	215		(C) postsecondary counseling; and
214	216		(D) job-placement services; and
215	217		(3) provide support services to students, including:
216	218		(A) child care at no cost to students;
217	219		(B) life coaching services, at a ratio not to
218	220		exceed one life coach for every 100 students, that use strategic and
219	221		holistic interventions designed to facilitate graduation planning
220	222		and assist students in overcoming life obstacles to achieve
221	223		academic and career goals;
222	224		(C) mental health counseling; [and]
223	225		(D) for students with identified disabilities or
224	226		impairments, instructional support services; and
225	227		(E) transportation assistance.
226	228		SECTION 11. Section 29.259(f), Education Code, is
227	229		transferred to Section 12.259, Education Code, as added by this
228	230		Act, redesignated as Subsection (b) of that section, and amended to
229	231		read as follows:
230	232		(b) [(f)] A nonprofit entity granted a charter under this
231	233		subchapter [section] may partner with a public junior college or a
232	234		provider or organization approved by the Texas Workforce Commission
233	235		to provide career and technology courses that lead to industry
234	236		certification through an adult education program described by
235	237		Subsection (a).
236	238		SECTION 12. Section 29.259(c), Education Code, is
237	239		transferred to Subchapter G, Chapter 12, Education Code, as added
238	240		by this Act, redesignated as Section 12.260, Education Code, and
239	241		amended to read as follows:
240	242		Sec. 12.260. ASSESSMENT INSTRUMENT. (a) [(c)] The agency,
241	243		in cooperation with the advisory committee established under
242	244		Section 12.254, shall adopt or develop and administer a
243	245		standardized secondary exit-level assessment instrument
244	246		appropriate for assessing [adult education] program participants
245	247		who successfully complete high school curriculum requirements
246	248		under an adult education [a] program operated under a charter
247	249		granted [provided] under this subchapter [section].
248	250		(b) The commissioner, in cooperation with the advisory
249	251		committee established under Section 12.254, shall determine the
250	252		level of performance considered to be satisfactory on the secondary
251	253		exit-level assessment instrument adopted under Subsection (a) for
252	254		receipt of a high school diploma by a [an adult education] program
253	255		participant in an adult education [a] program operated under a
254	256		charter granted [provided] under this subchapter [section].
255	257		(c) For a school year before the 2025-2026 school year, the
256	258		agency shall adopt and administer the Algebra I, English II, and
257	259		biology end-of-course assessment instruments adopted under Section
258	260		39.023(c) as the secondary exit-level assessment instrument
259	261		required under this section. The level of performance considered
260	262		to be satisfactory on those assessment instruments for purposes of
261	263		this subsection is the level of performance adopted under 19 T.A.C.
262	264		Section 101.4003(a), as that rule existed on January 1, 2021. This
263	265		subsection expires September 1, 2025.
264	266		SECTION 13. Section 29.259(i-2), Education Code, is
265	267		transferred to Subchapter G, Chapter 12, Education Code, as added
266	268		by this Act, redesignated as Section 12.261, Education Code, and
267	269		amended to read as follows:
268	270		Sec. 12.261. EXPANSION AMENDMENT. (a) Not [(i-2) If money
269	271		is appropriated for a state fiscal year for expansion of the program
270	272		under this section, not] later than June 30 of each [the state
271	273		fiscal] year [in which the appropriation is made], a [the]
272	274		nonprofit entity granted a charter under this subchapter [section]
273	275		must submit any request for approval of an expansion amendment
274	276		intended to take effect the next school year.
275	277		(b) An [The] expansion amendment submitted under Subsection
276	278		(a) is considered approved if the commissioner does not provide
277	279		written notice to the nonprofit entity of the disapproval of the
278	280		expansion amendment on or before August 1.
279	281		SECTION 14. Sections 29.259(o) and (p), Education Code, are
280	282		transferred to Subchapter G, Chapter 12, Education Code, as added
281	283		by this Act, redesignated as Section 12.262, Education Code, and
282	284		amended to read as follows:
283	285		Sec. 12.262. ACCOUNTABILITY; REVOCATION OF CHARTER. (a)
284	286		[(o)] The commissioner, in cooperation with the advisory committee
285	287		established under Section 12.254, shall develop and adopt an
286	288		accountability framework [performance frameworks] that establishes
287	289		[establish] standards by which to measure the performance of an
288	290		adult education [high school] program operated under a charter
289	291		granted under this subchapter [section in a manner consistent with
290	292		the requirements provided for an open-enrollment charter school
291	293		under Sections 12.1181(a) and (b)].
292	294		(b) The commissioner shall include in the accountability
293	295		framework [performance frameworks] adopted under Subsection (a)
294	296		[this subsection the following] performance domains that measure:
295	297		(1) academic growth;
296	298		(2) career readiness;
297	299		(3) one-year post-graduation and longitudinal
298	300		postsecondary outcomes;
299	301		(4) longitudinal wage and career growth; and
300	302		(5) operational performance.
301	303		(b-1) For a school year before the 2024-2025 school year,
302	304		the accountability framework adopted under Subsection (a) shall
303	305		include the following performance measures [indicators]:
304	306		(1) the percentage of program participants who
305	307		performed satisfactorily on the standardized secondary exit-level
306	308		assessment instrument described by Section 12.260(c) [Subsection
307	309		(c)];
308	310		(2) the percentage of program participants who
309	311		successfully completed the adult education [high school] program
310	312		and earned a high school diploma;
311	313		(3) the percentage of program participants who
312	314		successfully completed career and technology education courses and
313	315		obtained industry certification within six months after completing
314	316		the adult education program;
315	317		(4) the percentage of program participants who have
316	318		enrolled in an institution of higher education or private or
317	319		independent institution of higher education, as those terms are
318	320		defined under Section 61.003, within six months after completing
319	321		the adult education program; and
320	322		(5) operational performance as measured under the
321	323		performance frameworks adopted under Section 12.1181 [the
322	324		percentage of program participants who earned a wage, salary, or
323	325		other income increase that was significant as determined and
324	326		reported by the Texas Workforce Commission].
325	327		(c) The commissioner shall adopt a separate accountability
326	328		framework for an adult education program located in a correctional
327	329		facility, as that term is defined by Section 1.07, Penal Code.
328	330		(c-1) For a school year before the 2024-2025 school year,
329	331		the accountability framework adopted under Subsection (c) shall
330	332		include the following performance measures:
331	333		(1) the percentage of program participants who
332	334		performed satisfactorily on the standardized secondary exit-level
333	335		assessment instrument described by Section 12.260(c); and
334	336		(2) the percentage of program participants who
335	337		successfully completed the adult education program and earned a
336	338		high school diploma.
337	339		(c-2) Subsections (b-1) and (c-1) and this subsection
338	340		expire September 1, 2024.
339	341		(d) [(p)] Each year, the commissioner shall evaluate the
340	342		performance of an adult education [high school] program operated
341	343		under a charter granted under this subchapter [section] based on
342	344		the applicable accountability framework [performance frameworks]
343	345		adopted under this section [Subsection (o)].
344	346		(e) The commissioner may revoke a charter to operate an
345	347		adult education program granted under this subchapter if the
346	348		charter's adult education program fails to meet the minimum
347	349		performance standards established by commissioner rule on the
348	350		applicable accountability framework adopted under this section for
349	351		three consecutive school years after the first year of operation.
350	352		(f) The commissioner, in cooperation with the advisory
351	353		committee established under Section 12.254, shall review and, if
352	354		necessary, revise each accountability framework adopted under this
353	355		section at least once every three years.
354	356		SECTION 15. (a) Effective September 1, 2021, Sections
355	357		29.259(j) and (k), Education Code, are transferred to Subchapter G,
356	358		Chapter 12, Education Code, as added by this Act, redesignated as
357	359		Section 12.263, Education Code, and amended to read as follows:
358	360		Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) Except
359	361		as otherwise provided by this section, funding [(j) Funding] for an
360	362		adult education program operated under a charter granted under this
361	363		subchapter [section] is [provided based on the following:
362	364		[(1) for participants who are 26 years of age and
363	365		older, an amount per participant from available general revenue
364	366		funds appropriated for the program equal to the statewide average
365	367		amount of state funding per student in weighted average daily
366	368		attendance that would be allocated under the Foundation School
367	369		Program to an open-enrollment charter school under Section 12.106
368	370		were the student under 26 years of age; and
369	371		[(2) for participants who are at least 18 years of age
370	372		and under 26 years of age,] an amount per participant through the
371	373		Foundation School Program equal to the amount of state funding per
372	374		student in weighted average daily attendance that would be
373	375		allocated under the Foundation School Program for the student's
374	376		attendance at an open-enrollment charter school in accordance with
375	377		Section 12.106.
376	378		(a-1) Funding for an adult education program operated under
377	379		this subchapter shall be provided in accordance with the average
378	380		daily attendance hold harmless provisions and guidance regarding
379	381		remote instruction implemented by the agency for the 2020-2021
380	382		school year. This subsection expires September 1, 2023.
381	383		(b) [(k)] Sections 12.107 and 12.128 apply as though funds
382	384		under this section were funds under Subchapter D[, Chapter 12].
383	385		(b) Effective September 1, 2023, Sections 29.259(j) and
384	386		(k), Education Code, are transferred to Subchapter G, Chapter 12,
385	387		Education Code, as added by this Act, redesignated as Section
386	388		12.263, Education Code, and amended to read as follows:
387	389		Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) Except
388	390		as otherwise provided by this section, funding [(j) Funding] for an
389	391		adult education program operated under a charter granted under this
390	392		subchapter [section] is [provided based on the following:
391	393		[(1) for participants who are 26 years of age and
392	394		older, an amount per participant from available general revenue
393	395		funds appropriated for the program equal to the statewide average
394	396		amount of state funding per student in weighted average daily
395	397		attendance that would be allocated under the Foundation School
396	398		Program to an open-enrollment charter school under Section 12.106
397	399		were the student under 26 years of age; and
398	400		[(2) for participants who are at least 18 years of age
399	401		and under 26 years of age,] an amount per participant through the
400	402		Foundation School Program equal to the amount of state funding per
401	403		student in weighted average daily attendance that would be
402	404		allocated under the Foundation School Program for the student's
403	405		attendance at an open-enrollment charter school in accordance with
404	406		Section 12.106.
405	407		(b) For purposes of determining the average daily
406	408		attendance of an adult education program operated under a charter
407	409		granted under this subchapter, a student is considered to be in
408	410		average daily attendance, with a 100 percent attendance rate, for:
409	411		(1) all of the instructional days of the school year,
410	412		if the student is enrolled for at least 75 percent of the school
411	413		year;
412	414		(2) half of the instructional days of the school year,
413	415		if the student is enrolled for at least 50 percent but less than 75
414	416		percent of the school year;
415	417		(3) a quarter of the instructional days of the school
416	418		year, if the student is enrolled for at least 25 percent but less
417	419		than 50 percent of the school year; or
418	420		(4) one-tenth of the instructional days of the school
419	421		year, if the student is enrolled for at least 10 percent but less
420	422		than 25 percent of the school year.
421	423		(c) A student enrolled in an adult education program
422	424		operated under a charter granted under this subchapter for less
423	425		than 10 percent of a school year may not be counted toward the adult
424	426		education program's average daily attendance for that school year.
425	427		(d) For purposes of the compensatory education allotment
426	428		under Section 48.104, the commissioner shall:
427	429		(1) permit an adult education program operated under a
428	430		charter granted under this subchapter to give a final report at the
429	431		end of each school year of students who were enrolled in the adult
430	432		education program at any time during that school year and who
431	433		qualify for that allotment; and
432	434		(2) provide the allotment for each student reported
433	435		under Subdivision (1) in an amount proportional to the duration of
434	436		the student's enrollment in the adult education program.
435	437		(e) For purposes of the college, career, or military
436	438		readiness outcomes bonus under Section 48.110, notwithstanding
437	439		Subsection (f) of that section, an annual graduate of an adult
438	440		education program operated under a charter granted under this
439	441		subchapter demonstrates career readiness by earning an
440	442		industry-accepted certificate not later than six months after
441	443		completing the program.
442	444		(f) In addition to funding provided under Subsection (a), a
443	445		nonprofit entity granted a charter under this subchapter is
444	446		entitled to receive for the adult education program an annual
445	447		allotment, provided in accordance with a schedule established by
446	448		commissioner rule, equal to the maximum basic allotment under
447	449		Section 48.051(a) or (b) multiplied by:
448	450		(1) for each credit earned by a student enrolled in the
449	451		adult education program during the preceding school year:
450	452		(A) 0.01 for a course other than a career and
451	453		technology education course; and
452	454		(B) 0.02 for a career and technology education
453	455		course; and
454	456		(2) 0.1 for each student who successfully completed
455	457		the adult education program and earned a high school diploma during
456	458		the preceding school year.
457	459		(g) [(k)] Sections 12.107 and 12.128 apply as though funds
458	460		under this section were funds under Subchapter D[, Chapter 12].
459	461		SECTION 16. Section 29.259(r), Education Code, is
460	462		transferred to Subchapter G, Chapter 12, Education Code, as added
461	463		by this Act, redesignated as Section 12.264, Education Code, and
462	464		amended to read as follows:
463	465		Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. [(r)] The
464	466		commissioner or an adult education program operated under a charter
465	467		granted under this subchapter [section] may accept gifts, grants,
466	468		or donations from any public or private source to be used for
467	469		purposes of this subchapter [section].
468	470		SECTION 17. Section 29.259(m), Education Code, is
469	471		transferred to Subchapter G, Chapter 12, Education Code, as added
470	472		by this Act, redesignated as Section 12.265, Education Code, and
471	473		amended to read as follows:
472	474		Sec. 12.265. RULES. (a) [(m)] The commissioner shall adopt
473	475		rules necessary to administer the program under this subchapter,
474	476		including rules to implement and administer:
475	477		(1) the reporting requirements under Section
476	478		12.252(b)(2)(A); and
477	479		(2) the evaluation provisions under Section 12.262
478	480		[section].
479	481		(b) In adopting rules, the commissioner may modify charter
480	482		school requirements only to the extent necessary for the
481	483		administration of a charter school under this subchapter [section]
482	484		that provides for adult education.
483	485		SECTION 18. Section 12.137(a), Education Code, is amended
484	486		to read as follows:
485	487		(a) This section applies only to:
486	488		(1) an open-enrollment charter school designated as a
487	489		dropout recovery school as described by Section 12.1141(c) if the
488	490		enrollment of the school consists only of students 17 years of age
489	491		and older; and
490	492		(2) an adult education program provided under the
491	493		adult [a] high school [diploma and industry certification] charter
492	494		school program under Subchapter G [Section 29.259].
493	495		SECTION 19. Section 29.081(d), Education Code, as amended
494	496		by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051),
495	497		Acts of the 86th Legislature, Regular Session, 2019, is reenacted
496	498		and amended to read as follows:
497	499		(d) For purposes of this section, "student at risk of
498	500		dropping out of school" includes each student who:
499	501		(1) is under 26 years of age and who:
500	502		(A) was not advanced from one grade level to the
501	503		next for one or more school years;
502	504		(B) if the student is in grade 7, 8, 9, 10, 11, or
503	505		12, did not maintain an average equivalent to 70 on a scale of 100 in
504	506		two or more subjects in the foundation curriculum during a semester
505	507		in the preceding or current school year or is not maintaining such
506	508		an average in two or more subjects in the foundation curriculum in
507	509		the current semester;
508	510		(C) did not perform satisfactorily on an
509	511		assessment instrument administered to the student under Subchapter
510	512		B, Chapter 39, and who has not in the previous or current school
511	513		year subsequently performed on that instrument or another
512	514		appropriate instrument at a level equal to at least 110 percent of
513	515		the level of satisfactory performance on that instrument;
514	516		(D) if the student is in prekindergarten,
515	517		kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
516	518		a readiness test or assessment instrument administered during the
517	519		current school year;
518	520		(E) is pregnant or is a parent;
519	521		(F) has been placed in an alternative education
520	522		program in accordance with Section 37.006 during the preceding or
521	523		current school year;
522	524		(G) has been expelled in accordance with Section
523	525		37.007 during the preceding or current school year;
524	526		(H) is currently on parole, probation, deferred
525	527		prosecution, or other conditional release;
526	528		(I) was previously reported through the Public
527	529		Education Information Management System (PEIMS) to have dropped out
528	530		of school;
529	531		(J) is a student of limited English proficiency,
530	532		as defined by Section 29.052;
531	533		(K) is in the custody or care of the Department of
532	534		Family and Protective Services or has, during the current school
533	535		year, been referred to the department by a school official, officer
534	536		of the juvenile court, or law enforcement official;
535	537		(L) is homeless;
536	538		(M) resided in the preceding school year or
537	539		resides in the current school year in a residential placement
538	540		facility in the district, including a detention facility, substance
539	541		abuse treatment facility, emergency shelter, psychiatric hospital,
540	542		halfway house, cottage home operation, specialized child-care
541	543		home, or general residential operation; or
542	544		(N) [(14)] has been incarcerated or has a parent
543	545		or guardian who has been incarcerated, within the lifetime of the
544	546		student, in a penal institution as defined by Section 1.07, Penal
545	547		Code; or
546	548		(2) regardless of the student's age, participates in
547	549		an adult education program provided under the adult [a] high school
548	550		[diploma and industry certification] charter school program under
549	551		Subchapter G, Chapter 12 [Section 29.259].
550	552		SECTION 20. Section 48.003(a), Education Code, is amended
551	553		to read as follows:
552	554		(a) A student is entitled to the benefits of the Foundation
553	555		School Program if, on September 1 of the school year, the student:
554	556		(1) is 5 years of age or older and under 21 years of age
555	557		and has not graduated from high school, or is at least 21 years of
556	558		age and under 26 years of age and has been admitted by a school
557	559		district to complete the requirements for a high school diploma; or
558	560		(2) is at least 18 years of age and under 50 [26] years
559	561		of age and is enrolled in an adult education program provided under
560	562		the adult high school [diploma and industry certification] charter
561	563		school program under Subchapter G, Chapter 12 [Section 29.259].
562	564		SECTION 21. Section 48.005(j), Education Code, is amended
563	565		to read as follows:
564	566		(j) A district or charter school is eligible to earn full
565	567		average daily attendance under Subsection (a) if the district or
566	568		school provides at least 43,200 minutes of instructional time to
567	569		students enrolled in:
568	570		(1) a dropout recovery school or program operating
569	571		under Section 12.1141(c) or Section 39.0548;
570	572		(2) an alternative education program operating under
571	573		Section 37.008;
572	574		(3) a school program located at a day treatment
573	575		facility, residential treatment facility, psychiatric hospital, or
574	576		medical hospital;
575	577		(4) a school program offered at a correctional
576	578		facility; or
577	579		(5) a school operating under Subchapter G, Chapter 12
578	580		[Section 29.259].
579	581		SECTION 22. The following provisions of the Education Code
580	582		are repealed:
581	583		(1) the section heading to Section 29.259; and
582	584		(2) Section 29.259(q).
583	585		SECTION 23. This Act applies beginning with the 2021-2022
584	586		school year.
585	587		SECTION 24. Not later than November 1, 2022, the advisory
586	588		committee established under Section 12.254, Education Code, as
587	589		added by this Act, shall submit its initial recommendations to the
588	590		commissioner of education.
589	591		SECTION 25. (a) A charter granted to a nonprofit entity
590	592		under former Section 29.259, Education Code, before the effective
591	593		date of this Act continues to be valid after the transfer,
592	594		redesignation, and amendment of that section as provided by this
593	595		Act, until September 1, 2025. The entity must apply for a renewal
594	596		of the charter under Subchapter G, Chapter 12, Education Code, as
595	597		added by this Act, to continue operating the charter on or after
596	598		September 1, 2025.
597	599		(b) A nonprofit entity granted a charter under former
598	600		Section 29.259, Education Code, may transfer the charter to another
599	601		nonprofit entity subject to the approval of the commissioner of
600	602		education. Subchapter G, Chapter 12, Education Code, as added by
601	603		this Act, applies to a charter transferred under this subsection on
602	604		the date of the transfer.
603	605		SECTION 26. The Texas Education Agency is required to
604	606		implement a provision of this Act only if the legislature
605	607		appropriates money specifically for that purpose. If the
606	608		legislature does not appropriate money specifically for that
607	609		purpose, the Texas Education Agency may, but is not required to,
608	610		implement a provision of this Act using other appropriations
609	611		available for that purpose.
610	612		SECTION 27. To the extent of any conflict, this Act prevails
611	613		over another Act of the 87th Legislature, Regular Session, 2021,
612	614		relating to nonsubstantive additions to and corrections in enacted
613	615		codes.
614	616		SECTION 28. Except as otherwise provided by this Act, this
615	617		Act takes effect immediately if it receives a vote of two-thirds of
616	618		all the members elected to each house, as provided by Section 39,
617	619		Article III, Texas Constitution. If this Act does not receive the
618	620		vote necessary for immediate effect, this Act takes effect
619	621		September 1, 2021.
620		-	______________________________ ______________________________
621		-	President of the Senate Speaker of the House
622		-	I hereby certify that S.B. No. 1615 passed the Senate on
623		-	April 22, 2021, by the following vote: Yeas 28, Nays 3.
624		-	______________________________
625		-	Secretary of the Senate
626		-	I hereby certify that S.B. No. 1615 passed the House on
627		-	May 11, 2021, by the following vote: Yeas 124, Nays 19, two
628		-	present not voting.
629		-	______________________________
630		-	Chief Clerk of the House
631		-	Approved:
632		-	______________________________
633		-	Date
634		-	______________________________
635		-	Governor