Texas 2023 - 88th Regular

Texas Senate Bill SB2032 Compare Versions

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1	1	S.B. No. 2032
2	2
3	3
4	4	AN ACT
5	5	relating to adult high school charter school programs.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 12.251, Education Code, is amended by
8	8	amending Subdivision (1) and adding Subdivision (1-a) to read as
9	9	follows:
10	10	(1) "Adult education" means services and instruction
11	11	provided below the college level for adults by an eligible [a
12	12	nonprofit] entity granted a charter under this subchapter.
13	13	(1-a) "Eligible entity" means an entity described by
14	14	Section 12.256.
15	15	SECTION 2. Sections 12.255(a), (b), and (c), Education
16	16	Code, are amended to read as follows:
17	17	(a) Notwithstanding any other law and in addition to the
18	18	number of charters allowed under Subchapter D, the commissioner
19	19	may, subject to Subsection (c) and on the basis of an application
20	20	submitted, grant a charter under the program to an eligible entity
21	21	[a nonprofit entity described by Section 12.256] to provide an
22	22	adult education program for individuals described by Section 12.258
23	23	to successfully complete:
24	24	(1) a high school program that can lead to a diploma;
25	25	and
26	26	(2) career and technology education courses that can
27	27	lead to industry certification.
28	28	(b) An eligible [A nonprofit] entity, other than the
29	29	nonprofit entity granted a charter under former Section 29.259, is
30	30	not entitled to an automatic grant of a charter under this
31	31	subchapter on the basis that the entity holds a charter or operates
32	32	a charter school under another provision of this chapter.
33	33	(c) Subject to Subsection (d), the commissioner may not
34	34	grant more than 10 [two charters in a calendar year or more than
35	35	six] charters [total] under this subchapter. [In granting
36	36	charters, the commissioner may not grant:
37	37	[(1) a charter before September 1, 2023; or
38	38	[(2) a total of more than:
39	39	[(A) two charters before September 1, 2024; or
40	40	[(B) four charters before September 1, 2026.]
41	41	SECTION 3. Section 12.256, Education Code, is amended to
42	42	read as follows:
43	43	Sec. 12.256. ELIGIBLE ENTITIES [CHARTER HOLDER
44	44	QUALIFICATIONS]. An [A nonprofit] entity is eligible for [may be
45	45	granted] a charter to operate an adult education program under this
46	46	subchapter [only] if:
47	47	(1) the entity is:
48	48	(A) a nonprofit entity;
49	49	(B) a school district;
50	50	(C) an entity granted a charter under Subchapter
51	51	D; or
52	52	(D) a general academic teaching institution,
53	53	public junior college, or public technical institute, as those
54	54	terms are defined by Section 61.003; and
55	55	(2) the entity, or a member of the entity's executive
56	56	leadership, has a successful history of providing education
57	57	services, including industry certifications and job placement
58	58	services, to adults 18 years of age and older whose educational and
59	59	training opportunities have been limited by educational
60	60	disadvantages, disabilities, homelessness, criminal history, or
61	61	similar marginalizing circumstances.
62	62	SECTION 4. Subchapter G, Chapter 12, Education Code, is
63	63	amended by adding Section 12.2565 to read as follows:
64	64	Sec. 12.2565. APPLICATION PROCESS. (a) The commissioner
65	65	shall accept applications for a charter to operate an adult
66	66	education program under this subchapter during the 60-day period
67	67	beginning on September 1 of each year.
68	68	(b) The commissioner shall provide each applicant with:
69	69	(1) not later than the 60th day following the last day
70	70	of the period described by Subsection (a):
71	71	(A) written notice of the commissioner's
72	72	preliminary decision to grant or deny the charter; and
73	73	(B) a written explanation of the reasons for
74	74	denying the charter, if applicable; and
75	75	(2) an opportunity to cure any defects in the
76	76	application, if applicable.
77	77	SECTION 5. Section 12.257(a), Education Code, is amended to
78	78	read as follows:
79	79	(a) An eligible [A nonprofit] entity must include in its
80	80	charter application the information required by Subsection (b).
81	81	SECTION 6. Section 12.258(b), Education Code, is amended to
82	82	read as follows:
83	83	(b) In admitting students to an adult education program
84	84	operated under a charter granted under this subchapter, an eligible
85	85	[a nonprofit] entity shall give priority to a person who has not
86	86	earned a high school equivalency certificate.
87	87	SECTION 7. Section 12.259, Education Code, is amended by
88	88	amending Subsection (b) and adding Subsection (c) to read as
89	89	follows:
90	90	(b) An eligible [A nonprofit] entity granted a charter under
91	91	this subchapter may partner with a public junior college or a
92	92	provider or organization approved by the Texas Workforce Commission
93	93	to provide career and technology courses that lead to industry
94	94	certification through an adult education program described by
95	95	Subsection (a).
96	96	(c) An entity described by Section 12.256(1)(B), (C), or (D)
97	97	to whom a charter is granted under this subchapter may contract with
98	98	a nonprofit entity that is an eligible entity to operate an adult
99	99	education program described by Subsection (a).
100	100	SECTION 8. Section 12.261, Education Code, is amended to
101	101	read as follows:
102	102	Sec. 12.261. EXPANSION AMENDMENT. (a) Not later than June
103	103	30 of each year, an eligible [a nonprofit] entity granted a charter
104	104	under this subchapter must submit any request for approval of an
105	105	expansion amendment intended to take effect the next school year.
106	106	(b) An expansion amendment submitted under Subsection (a)
107	107	is considered approved if the commissioner does not provide written
108	108	notice to the eligible [nonprofit] entity of the disapproval of the
109	109	expansion amendment on or before August 1.
110	110	SECTION 9. Section 12.262(e), Education Code, is amended to
111	111	read as follows:
112	112	(e) The commissioner may revoke a charter to operate an
113	113	adult education program granted under this subchapter if the
114	114	charter's adult education program fails to meet the minimum
115	115	performance standards established by commissioner rule on the
116	116	applicable accountability framework adopted under this section for
117	117	three consecutive school years after the second [first] year of
118	118	operation.
119	119	SECTION 10. Section 12.263(f), Education Code, as effective
120	120	September 1, 2023, is amended to read as follows:
121	121	(f) In addition to funding provided under Subsection (a), an
122	122	eligible [a nonprofit] entity granted a charter under this
123	123	subchapter is entitled to receive for the adult education program
124	124	an annual allotment, provided in accordance with a schedule
125	125	established by commissioner rule, equal to the maximum basic
126	126	allotment under Section 48.051(a) or (b) multiplied by:
127	127	(1) for each credit earned by a student enrolled in the
128	128	adult education program during the preceding school year:
129	129	(A) 0.01 for a course other than a career and
130	130	technology education course; and
131	131	(B) 0.02 for a career and technology education
132	132	course; and
133	133	(2) 0.1 for each student who successfully completed
134	134	the adult education program and earned a high school diploma during
135	135	the preceding school year.
136	136	SECTION 11. Section 12.264, Education Code, is amended to
137	137	read as follows:
138	138	Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. (a) The
139	139	commissioner or an adult education program operated under a charter
140	140	granted under this subchapter may accept gifts, grants, or
141	141	donations from any public or private source to be used for purposes
142	142	of this subchapter.
143	143	(b) From any gifts, grants, or donations appropriated or
144	144	otherwise available to the commissioner for the purpose, the
145	145	commissioner shall provide to an eligible entity granted a charter
146	146	under this subchapter funding for costs associated with
147	147	implementing an adult education program operated under the charter
148	148	not later than the 45th day after the date the charter is granted.
149	149	SECTION 12. Section 12.265, Education Code, is amended by
150	150	amending Subsection (a) and adding Subsection (c) to read as
151	151	follows:
152	152	(a) The commissioner shall adopt rules necessary to
153	153	administer the program under this subchapter, including rules to
154	154	implement and administer:
155	155	(1) the reporting requirements under Section
156	156	12.252(b)(2)(A);
157	157	(2) the application process under Section 12.2565; and
158	158	(3) [(2)] the evaluation provisions under Section
159	159	12.262.
160	160	(c) In adopting rules, the commissioner may establish a
161	161	maximum number of students who may be enrolled in an adult education
162	162	program operated under a charter granted under this subchapter.
163	163	SECTION 13. Section 12.255(e), Education Code, is repealed.
164	164	SECTION 14. This Act applies beginning with the 2023-2024
165	165	school year.
166	166	SECTION 15. Not later than August 31, 2023, the
167	167	commissioner of education shall adopt rules under Section 12.265,
168	168	Education Code, as amended by this Act.
169	169	SECTION 16. This Act takes effect immediately if it
170	170	receives a vote of two-thirds of all the members elected to each
171	171	house, as provided by Section 39, Article III, Texas Constitution.
172	172	If this Act does not receive the vote necessary for immediate
173	173	effect, this Act takes effect September 1, 2023.
174	174	______________________________ ______________________________
175	175	President of the Senate Speaker of the House
176	176	I hereby certify that S.B. No. 2032 passed the Senate on
177	177	April 24, 2023, by the following vote: Yeas 30, Nays 0.
178	178	______________________________
179	179	Secretary of the Senate
180	180	I hereby certify that S.B. No. 2032 passed the House on
181	181	May 16, 2023, by the following vote: Yeas 139, Nays 0,
182	182	one present not voting.
183	183	______________________________
184	184	Chief Clerk of the House
185	185	Approved:
186	186	______________________________
187	187	Date
188	188	______________________________
189	189	Governor