S.B. No. 2032
AN ACT
relating to adult high school charter school programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.251, Education Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Adult education" means services and instruction
provided below the college level for adults by an eligible [a
nonprofit] entity granted a charter under this subchapter.
(1-a) "Eligible entity" means an entity described by
Section 12.256.
SECTION 2. Sections 12.255(a), (b), and (c), Education
Code, are amended to read as follows:
(a) Notwithstanding any other law and in addition to the
number of charters allowed under Subchapter D, the commissioner
may, subject to Subsection (c) and on the basis of an application
submitted, grant a charter under the program to an eligible entity
[a nonprofit entity described by Section 12.256] to provide an
adult education program for individuals described by Section 12.258
to successfully complete:
(1) a high school program that can lead to a diploma;
and
(2) career and technology education courses that can
lead to industry certification.
(b) An eligible [A nonprofit] entity, other than the
nonprofit entity granted a charter under former Section 29.259, is
not entitled to an automatic grant of a charter under this
subchapter on the basis that the entity holds a charter or operates
a charter school under another provision of this chapter.
(c) Subject to Subsection (d), the commissioner may not
grant more than 10 [two charters in a calendar year or more than
six] charters [total] under this subchapter. [In granting
charters, the commissioner may not grant:
[(1) a charter before September 1, 2023; or
[(2) a total of more than:
[(A) two charters before September 1, 2024; or
[(B) four charters before September 1, 2026.]
SECTION 3. Section 12.256, Education Code, is amended to
read as follows:
Sec. 12.256. ELIGIBLE ENTITIES [CHARTER HOLDER
QUALIFICATIONS]. An [A nonprofit] entity is eligible for [may be
granted] a charter to operate an adult education program under this
subchapter [only] if:
(1) the entity is:
(A) a nonprofit entity;
(B) a school district;
(C) an entity granted a charter under Subchapter
D; or
(D) a general academic teaching institution,
public junior college, or public technical institute, as those
terms are defined by Section 61.003; and
(2) the entity, or a member of the entity's executive
leadership, has a successful history of providing education
services, including industry certifications and job placement
services, to adults 18 years of age and older whose educational and
training opportunities have been limited by educational
disadvantages, disabilities, homelessness, criminal history, or
similar marginalizing circumstances.
SECTION 4. Subchapter G, Chapter 12, Education Code, is
amended by adding Section 12.2565 to read as follows:
Sec. 12.2565. APPLICATION PROCESS. (a) The commissioner
shall accept applications for a charter to operate an adult
education program under this subchapter during the 60-day period
beginning on September 1 of each year.
(b) The commissioner shall provide each applicant with:
(1) not later than the 60th day following the last day
of the period described by Subsection (a):
(A) written notice of the commissioner's
preliminary decision to grant or deny the charter; and
(B) a written explanation of the reasons for
denying the charter, if applicable; and
(2) an opportunity to cure any defects in the
application, if applicable.
SECTION 5. Section 12.257(a), Education Code, is amended to
read as follows:
(a) An eligible [A nonprofit] entity must include in its
charter application the information required by Subsection (b).
SECTION 6. Section 12.258(b), Education Code, is amended to
read as follows:
(b) In admitting students to an adult education program
operated under a charter granted under this subchapter, an eligible
[a nonprofit] entity shall give priority to a person who has not
earned a high school equivalency certificate.
SECTION 7. Section 12.259, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An eligible [A nonprofit] entity granted a charter under
this subchapter may partner with a public junior college or a
provider or organization approved by the Texas Workforce Commission
to provide career and technology courses that lead to industry
certification through an adult education program described by
Subsection (a).
(c) An entity described by Section 12.256(1)(B), (C), or (D)
to whom a charter is granted under this subchapter may contract with
a nonprofit entity that is an eligible entity to operate an adult
education program described by Subsection (a).
SECTION 8. Section 12.261, Education Code, is amended to
read as follows:
Sec. 12.261. EXPANSION AMENDMENT. (a) Not later than June
30 of each year, an eligible [a nonprofit] entity granted a charter
under this subchapter must submit any request for approval of an
expansion amendment intended to take effect the next school year.
(b) An expansion amendment submitted under Subsection (a)
is considered approved if the commissioner does not provide written
notice to the eligible [nonprofit] entity of the disapproval of the
expansion amendment on or before August 1.
SECTION 9. Section 12.262(e), Education Code, is amended to
read as follows:
(e) The commissioner may revoke a charter to operate an
adult education program granted under this subchapter if the
charter's adult education program fails to meet the minimum
performance standards established by commissioner rule on the
applicable accountability framework adopted under this section for
three consecutive school years after the second [first] year of
operation.
SECTION 10. Section 12.263(f), Education Code, as effective
September 1, 2023, is amended to read as follows:
(f) In addition to funding provided under Subsection (a), an
eligible [a nonprofit] entity granted a charter under this
subchapter is entitled to receive for the adult education program
an annual allotment, provided in accordance with a schedule
established by commissioner rule, equal to the maximum basic
allotment under Section 48.051(a) or (b) multiplied by:
(1) for each credit earned by a student enrolled in the
adult education program during the preceding school year:
(A) 0.01 for a course other than a career and
technology education course; and
(B) 0.02 for a career and technology education
course; and
(2) 0.1 for each student who successfully completed
the adult education program and earned a high school diploma during
the preceding school year.
SECTION 11. Section 12.264, Education Code, is amended to
read as follows:
Sec. 12.264. GIFTS, GRANTS, AND DONATIONS. (a) The
commissioner or an adult education program operated under a charter
granted under this subchapter may accept gifts, grants, or
donations from any public or private source to be used for purposes
of this subchapter.
(b) From any gifts, grants, or donations appropriated or
otherwise available to the commissioner for the purpose, the
commissioner shall provide to an eligible entity granted a charter
under this subchapter funding for costs associated with
implementing an adult education program operated under the charter
not later than the 45th day after the date the charter is granted.
SECTION 12. Section 12.265, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The commissioner shall adopt rules necessary to
administer the program under this subchapter, including rules to
implement and administer:
(1) the reporting requirements under Section
12.252(b)(2)(A);
(2) the application process under Section 12.2565; and
(3) [(2)] the evaluation provisions under Section
12.262.
(c) In adopting rules, the commissioner may establish a
maximum number of students who may be enrolled in an adult education
program operated under a charter granted under this subchapter.
SECTION 13. Section 12.255(e), Education Code, is repealed.
SECTION 14. This Act applies beginning with the 2023-2024
school year.
SECTION 15. Not later than August 31, 2023, the
commissioner of education shall adopt rules under Section 12.265,
Education Code, as amended by this Act.
SECTION 16. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2032 passed the Senate on
April 24, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2032 passed the House on
May 16, 2023, by the following vote: Yeas 139, Nays 0,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor