S.B. No. 879
AN ACT
relating to the qualifications for designation as a dropout
recovery school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.1141(c), Education Code, is amended
to read as follows:
(c) At the end of the term of a charter for an
open-enrollment charter school, if a charter holder submits to the
commissioner a petition for renewal of the charter and the charter
does not meet the criteria for expedited renewal under Subsection
(b) or for expiration under Subsection (d), the commissioner shall
use the discretionary consideration process. The commissioner's
decision under the discretionary consideration process must take
into consideration the results of annual evaluations under the
performance frameworks established under Section 12.1181. The
renewal of the charter of an open-enrollment charter school that is
registered under the agency's alternative education accountability
procedures for evaluation under Chapter 39 shall be considered
under the discretionary consideration process regardless of the
performance ratings under Subchapter C, Chapter 39, of the
open-enrollment charter school or of any campus operating under the
charter, except that if the charter holder has been assigned a
financial accountability performance rating under Subchapter D,
Chapter 39, indicating financial performance that is lower than
satisfactory for any three of the five preceding school years, the
commissioner shall allow the charter to expire under Subsection
(d). In considering the renewal of the charter of an
open-enrollment charter school that is registered under the
agency's alternative education accountability procedures for
evaluation under Chapter 39, such as a dropout recovery school or a
school providing education within a residential treatment
facility, the commissioner shall use academic criteria established
by commissioner rule that are appropriate to measure the specific
goals of the school. The criteria established by the commissioner
shall recognize growth in student achievement as well as
educational attainment. For purposes of this subsection, the
commissioner shall designate as a dropout recovery school an
open-enrollment charter school or a campus of an open-enrollment
charter school:
(1) that serves students in grades 9 through 12 and has
an enrollment of which at least 60 [50] percent of the students are
16 [17] years of age or older as of September 1 of the school year as
reported for the fall semester Public Education Information
Management System (PEIMS) submission; and
(2) that meets the eligibility requirements for and is
registered under alternative education accountability procedures
adopted by the commissioner.
SECTION 2. 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 16 [17] years of
age and older; and
(2) an adult education program provided under a high
school diploma and industry certification charter school program
under Section 29.259.
SECTION 3. Section 39.0548(a), Education Code, is amended
to read as follows:
(a) For purposes of evaluating performance under Section
39.053(c), the commissioner shall designate as a dropout recovery
school a school district or an open-enrollment charter school or a
campus of a district or of an open-enrollment charter school:
(1) that:
(A) serves students in grades 9 through 12 and
has an enrollment of which at least 60 [50] percent of the students
are 16 [17] years of age or older as of September 1 of the school
year as reported for the fall semester Public Education Information
Management System (PEIMS) submission; or
(B) applies for and receives designation as a
dropout recovery school in accordance with commissioner rule; and
(2) that meets the eligibility requirements for and is
registered under alternative education accountability procedures
adopted by the commissioner.
SECTION 4. This Act applies beginning with the 2021-2022
school year.
SECTION 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 879 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 879 passed the House on
May 8, 2021, by the following vote: Yeas 127, Nays 12, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor