H.B. No. 572         AN ACT   relating to the inclusion of students enrolled in a dropout   recovery school as students at risk of dropping out of school for   purposes of compensatory, intensive, and accelerated instruction   and to a study by the Texas Education Agency on competency-based   educational programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.081(d), Education Code, as amended by   Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), Acts   of the 86th Legislature, Regular Session, 2019, is reenacted and   amended to read as follows:          (d)  For purposes of this section, "student at risk of   dropping out of school" includes each student who:                (1)  is under 26 years of age and who:                      (A)  was not advanced from one grade level to the   next for one or more school years;                      (B)  if the student is in grade 7, 8, 9, 10, 11, or   12, did not maintain an average equivalent to 70 on a scale of 100 in   two or more subjects in the foundation curriculum during a semester   in the preceding or current school year or is not maintaining such   an average in two or more subjects in the foundation curriculum in   the current semester;                      (C)  did not perform satisfactorily on an   assessment instrument administered to the student under Subchapter   B, Chapter 39, and who has not in the previous or current school   year subsequently performed on that instrument or another   appropriate instrument at a level equal to at least 110 percent of   the level of satisfactory performance on that instrument;                      (D)  if the student is in prekindergarten,   kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on   a readiness test or assessment instrument administered during the   current school year;                      (E)  is pregnant or is a parent;                      (F)  has been placed in an alternative education   program in accordance with Section 37.006 during the preceding or   current school year;                      (G)  has been expelled in accordance with Section   37.007 during the preceding or current school year;                      (H)  is currently on parole, probation, deferred   prosecution, or other conditional release;                      (I)  was previously reported through the Public   Education Information Management System (PEIMS) to have dropped out   of school;                      (J)  is a student of limited English proficiency,   as defined by Section 29.052;                      (K)  is in the custody or care of the Department of   Family and Protective Services or has, during the current school   year, been referred to the department by a school official, officer   of the juvenile court, or law enforcement official;                      (L)  is homeless;                      (M)  resided in the preceding school year or   resides in the current school year in a residential placement   facility in the district, including a detention facility, substance   abuse treatment facility, emergency shelter, psychiatric hospital,   halfway house, cottage home operation, specialized child-care   home, or general residential operation; [or]                      (N) [(14)]  has been incarcerated or has a parent   or guardian who has been incarcerated, within the lifetime of the   student, in a penal institution as defined by Section 1.07, Penal   Code; or                      (O)  is enrolled in a school district or   open-enrollment charter school, or a campus of a school district or   open-enrollment charter school, that is designated as a dropout   recovery school under Section 39.0548; or                (2)  regardless of the student's age, participates in   an adult education program provided under a high school diploma and   industry certification charter school program under Section   29.259.          SECTION 2.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Section 29.928 to read as follows:          Sec. 29.928.  STUDY ON COMPETENCY-BASED EDUCATIONAL   PROGRAMS. (a) The agency shall conduct a study on the   implementation of competency-based educational programs by public   schools in the state.          (b)  The study must analyze methods of:                (1)  providing funding for competency-based   educational programs that do not rely on average daily attendance;                (2)  assessing the performance of competency-based   educational programs under the public school accountability   system; and                (3)  providing competency-based educational programs   to nontraditional students, including adult students.          (c)  The agency may solicit and accept gifts, grants, and   donations from any public or private source to fund the study.          (d)  Not later than December 1, 2022, the agency shall   prepare and submit to the legislature a report on the results of the   study and any recommendations for legislative or other action.          (e)  This section expires September 1, 2023.          SECTION 3.  The Texas Education Agency is required to   implement Section 29.928, Education Code, as added by this Act,   only if the legislature appropriates money specifically for that   purpose. If the legislature does not appropriate money   specifically for that purpose, the agency may, but is not required   to, implement that section using other money available for that   purpose.          SECTION 4.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          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 certify that H.B. No. 572 was passed by the House on May 14,   2021, by the following vote:  Yeas 128, Nays 0, 1 present, not   voting; that the House refused to concur in Senate amendments to   H.B. No. 572 on May 28, 2021, and requested the appointment of a   conference committee to consider the differences between the two   houses; and that the House adopted the conference committee report   on H.B. No. 572 on May 30, 2021, by the following vote:  Yeas 138,   Nays 0, 2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 572 was passed by the Senate, with   amendments, on May 26, 2021, by the following vote:  Yeas 31, Nays   0; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.B. No.   572 on May 30, 2021, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor