4 | 6 | | AN ACT |
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5 | 7 | | relating to the qualifications for designation as a dropout |
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6 | 8 | | recovery school. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 12.1141(c), Education Code, is amended |
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9 | 11 | | to read as follows: |
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10 | 12 | | (c) At the end of the term of a charter for an |
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11 | 13 | | open-enrollment charter school, if a charter holder submits to the |
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12 | 14 | | commissioner a petition for renewal of the charter and the charter |
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13 | 15 | | does not meet the criteria for expedited renewal under Subsection |
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14 | 16 | | (b) or for expiration under Subsection (d), the commissioner shall |
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15 | 17 | | use the discretionary consideration process. The commissioner's |
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16 | 18 | | decision under the discretionary consideration process must take |
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17 | 19 | | into consideration the results of annual evaluations under the |
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18 | 20 | | performance frameworks established under Section 12.1181. The |
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19 | 21 | | renewal of the charter of an open-enrollment charter school that is |
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20 | 22 | | registered under the agency's alternative education accountability |
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21 | 23 | | procedures for evaluation under Chapter 39 shall be considered |
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22 | 24 | | under the discretionary consideration process regardless of the |
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23 | 25 | | performance ratings under Subchapter C, Chapter 39, of the |
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24 | 26 | | open-enrollment charter school or of any campus operating under the |
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25 | 27 | | charter, except that if the charter holder has been assigned a |
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26 | 28 | | financial accountability performance rating under Subchapter D, |
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27 | 29 | | Chapter 39, indicating financial performance that is lower than |
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28 | 30 | | satisfactory for any three of the five preceding school years, the |
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29 | 31 | | commissioner shall allow the charter to expire under Subsection |
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30 | 32 | | (d). In considering the renewal of the charter of an |
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31 | 33 | | open-enrollment charter school that is registered under the |
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32 | 34 | | agency's alternative education accountability procedures for |
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33 | 35 | | evaluation under Chapter 39, such as a dropout recovery school or a |
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34 | 36 | | school providing education within a residential treatment |
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35 | 37 | | facility, the commissioner shall use academic criteria established |
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36 | 38 | | by commissioner rule that are appropriate to measure the specific |
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37 | 39 | | goals of the school. The criteria established by the commissioner |
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38 | 40 | | shall recognize growth in student achievement as well as |
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39 | 41 | | educational attainment. For purposes of this subsection, the |
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40 | 42 | | commissioner shall designate as a dropout recovery school an |
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41 | 43 | | open-enrollment charter school or a campus of an open-enrollment |
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42 | 44 | | charter school: |
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43 | 45 | | (1) that serves students in grades 9 through 12 and has |
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44 | 46 | | an enrollment of which at least 60 [50] percent of the students are |
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45 | 47 | | 16 [17] years of age or older as of September 1 of the school year as |
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46 | 48 | | reported for the fall semester Public Education Information |
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47 | 49 | | Management System (PEIMS) submission; and |
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48 | 50 | | (2) that meets the eligibility requirements for and is |
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49 | 51 | | registered under alternative education accountability procedures |
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50 | 52 | | adopted by the commissioner. |
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51 | 53 | | SECTION 2. Section 12.137(a), Education Code, is amended to |
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52 | 54 | | read as follows: |
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53 | 55 | | (a) This section applies only to: |
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54 | 56 | | (1) an open-enrollment charter school designated as a |
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55 | 57 | | dropout recovery school as described by Section 12.1141(c) if the |
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56 | 58 | | enrollment of the school consists only of students 16 [17] years of |
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57 | 59 | | age and older; and |
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58 | 60 | | (2) an adult education program provided under a high |
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59 | 61 | | school diploma and industry certification charter school program |
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60 | 62 | | under Section 29.259. |
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61 | 63 | | SECTION 3. Section 39.0548(a), Education Code, is amended |
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62 | 64 | | to read as follows: |
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63 | 65 | | (a) For purposes of evaluating performance under Section |
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64 | 66 | | 39.053(c), the commissioner shall designate as a dropout recovery |
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65 | 67 | | school a school district or an open-enrollment charter school or a |
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66 | 68 | | campus of a district or of an open-enrollment charter school: |
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67 | 69 | | (1) that: |
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68 | 70 | | (A) serves students in grades 9 through 12 and |
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69 | 71 | | has an enrollment of which at least 60 [50] percent of the students |
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70 | 72 | | are 16 [17] years of age or older as of September 1 of the school |
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71 | 73 | | year as reported for the fall semester Public Education Information |
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72 | 74 | | Management System (PEIMS) submission; or |
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73 | 75 | | (B) applies for and receives designation as a |
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74 | 76 | | dropout recovery school in accordance with commissioner rule; and |
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75 | 77 | | (2) that meets the eligibility requirements for and is |
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76 | 78 | | registered under alternative education accountability procedures |
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77 | 79 | | adopted by the commissioner. |
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78 | 80 | | SECTION 4. This Act applies beginning with the 2021-2022 |
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79 | 81 | | school year. |
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80 | 82 | | SECTION 5. This Act takes effect immediately if it receives |
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81 | 83 | | a vote of two-thirds of all the members elected to each house, as |
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82 | 84 | | provided by Section 39, Article III, Texas Constitution. If this |
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83 | 85 | | Act does not receive the vote necessary for immediate effect, this |
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84 | 86 | | Act takes effect September 1, 2021. |
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