1 | 1 | | 87R6368 MM-F |
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2 | 2 | | By: Lucio S.B. No. 878 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to an Internet online dropout recovery education program |
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8 | 8 | | for students at risk of dropping out of school. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 29.081(d), Education Code, as amended by |
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11 | 11 | | Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), Acts |
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12 | 12 | | of the 86th Legislature, Regular Session, 2019, is reenacted and |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (d) For purposes of this section, "student at risk of |
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15 | 15 | | dropping out of school" includes each student who: |
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16 | 16 | | (1) is under 26 years of age and who: |
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17 | 17 | | (A) was not advanced from one grade level to the |
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18 | 18 | | next for one or more school years; |
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19 | 19 | | (B) if the student is in grade 7, 8, 9, 10, 11, or |
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20 | 20 | | 12, did not maintain an average equivalent to 70 on a scale of 100 in |
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21 | 21 | | two or more subjects in the foundation curriculum during a semester |
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22 | 22 | | in the preceding or current school year or is not maintaining such |
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23 | 23 | | an average in two or more subjects in the foundation curriculum in |
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24 | 24 | | the current semester; |
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25 | 25 | | (C) did not perform satisfactorily on an |
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26 | 26 | | assessment instrument administered to the student under Subchapter |
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27 | 27 | | B, Chapter 39, and who has not in the previous or current school |
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28 | 28 | | year subsequently performed on that instrument or another |
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29 | 29 | | appropriate instrument at a level equal to at least 110 percent of |
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30 | 30 | | the level of satisfactory performance on that instrument; |
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31 | 31 | | (D) if the student is in prekindergarten, |
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32 | 32 | | kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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33 | 33 | | a readiness test or assessment instrument administered during the |
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34 | 34 | | current school year; |
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35 | 35 | | (E) is pregnant or is a parent; |
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36 | 36 | | (F) has been placed in an alternative education |
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37 | 37 | | program in accordance with Section 37.006 during the preceding or |
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38 | 38 | | current school year; |
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39 | 39 | | (G) has been expelled in accordance with Section |
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40 | 40 | | 37.007 during the preceding or current school year; |
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41 | 41 | | (H) is currently on parole, probation, deferred |
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42 | 42 | | prosecution, or other conditional release; |
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43 | 43 | | (I) was previously reported through the Public |
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44 | 44 | | Education Information Management System (PEIMS) to have dropped out |
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45 | 45 | | of school; |
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46 | 46 | | (J) is a student of limited English proficiency, |
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47 | 47 | | as defined by Section 29.052; |
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48 | 48 | | (K) is in the custody or care of the Department of |
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49 | 49 | | Family and Protective Services or has, during the current school |
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50 | 50 | | year, been referred to the department by a school official, officer |
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51 | 51 | | of the juvenile court, or law enforcement official; |
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52 | 52 | | (L) is homeless; |
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53 | 53 | | (M) resided in the preceding school year or |
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54 | 54 | | resides in the current school year in a residential placement |
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55 | 55 | | facility in the district, including a detention facility, substance |
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56 | 56 | | abuse treatment facility, emergency shelter, psychiatric hospital, |
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57 | 57 | | halfway house, cottage home operation, specialized child-care |
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58 | 58 | | home, or general residential operation; [or] |
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59 | 59 | | (N) [(14)] has been incarcerated or has a parent |
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60 | 60 | | or guardian who has been incarcerated, within the lifetime of the |
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61 | 61 | | student, in a penal institution as defined by Section 1.07, Penal |
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62 | 62 | | Code; or |
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63 | 63 | | (O) is enrolled in a school district or |
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64 | 64 | | open-enrollment charter school, or a campus of a school district or |
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65 | 65 | | open-enrollment charter school, that is designated as a dropout |
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66 | 66 | | recovery school under Section 39.0548; or |
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67 | 67 | | (2) regardless of the student's age, participates in |
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68 | 68 | | an adult education program provided under a high school diploma and |
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69 | 69 | | industry certification charter school program under Section |
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70 | 70 | | 29.259. |
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71 | 71 | | SECTION 2. Section 29.081, Education Code, is amended by |
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72 | 72 | | amending Subsection (e-2) and adding Subsection (f-1) to read as |
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73 | 73 | | follows: |
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74 | 74 | | (e-2) An Internet online dropout recovery education program |
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75 | 75 | | must: |
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76 | 76 | | (1) include as a part of its curriculum credentials, |
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77 | 77 | | certifications, or other course offerings that relate directly to |
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78 | 78 | | employment opportunities in the state; |
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79 | 79 | | (2) employ as faculty and administrators persons with |
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80 | 80 | | baccalaureate or advanced degrees; |
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81 | 81 | | (3) provide an academic coach and local advocate for |
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82 | 82 | | each student; |
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83 | 83 | | (4) use an individual learning plan to monitor each |
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84 | 84 | | student's progress; |
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85 | 85 | | (5) [establish satisfactory requirements for the |
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86 | 86 | | monthly progress of students according to standards set by the |
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87 | 87 | | commissioner; |
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88 | 88 | | [(6)] provide a monthly report to the student's school |
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89 | 89 | | district regarding the student's progress; |
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90 | 90 | | (6) [(7)] perform satisfactorily according to |
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91 | 91 | | performance indicators and accountability standards adopted for |
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92 | 92 | | alternative education programs by the commissioner; and |
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93 | 93 | | (7) [(8)] comply with this title and rules adopted |
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94 | 94 | | under this title except as otherwise provided by this subsection. |
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95 | 95 | | (f-1) An Internet online dropout recovery education program |
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96 | 96 | | is not subject to commissioner rules applicable to an optional |
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97 | 97 | | flexible school day program under Section 29.0822 regarding minutes |
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98 | 98 | | of instruction and calculation of average daily attendance. For |
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99 | 99 | | the purposes of calculating attendance for an Internet online |
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100 | 100 | | dropout recovery education program, the commissioner shall: |
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101 | 101 | | (1) consider a student to be scheduled for and |
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102 | 102 | | receiving instruction for 55 minutes per day for each course taken |
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103 | 103 | | for purposes of determining whether the student satisfies the |
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104 | 104 | | requirements of half-day or full-day enrollment; |
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105 | 105 | | (2) consider a student who is enrolled for five |
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106 | 106 | | semester courses to be in attendance for each day of instruction in |
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107 | 107 | | the reporting period for purposes of establishing the student's |
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108 | 108 | | daily attendance; |
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109 | 109 | | (3) calculate the final average daily attendance of |
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110 | 110 | | the program based on successful student completion of semester |
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111 | 111 | | courses in which students were enrolled using course completion |
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112 | 112 | | data reported by the district; |
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113 | 113 | | (4) adjust the average daily attendance based on |
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114 | 114 | | students' failure to complete semester courses; and |
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115 | 115 | | (5) adjust the amount of funding provided under the |
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116 | 116 | | Foundation School Program during the following school year based on |
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117 | 117 | | any adjustment made under Subdivision (4). |
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118 | 118 | | SECTION 3. To the extent of any conflict, this Act prevails |
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119 | 119 | | over another Act of the 87th Legislature, Regular Session, 2021, |
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120 | 120 | | relating to nonsubstantive additions to and corrections in enacted |
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121 | 121 | | codes. |
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122 | 122 | | SECTION 4. This Act takes effect September 1, 2021. |
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