87R6368 MM-F     By: Lucio S.B. No. 878       A BILL TO BE ENTITLED   AN ACT   relating to an Internet online dropout recovery education program   for students at risk of dropping out of school.          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.  Section 29.081, Education Code, is amended by   amending Subsection (e-2) and adding Subsection (f-1) to read as   follows:          (e-2)  An Internet online dropout recovery education program   must:                (1)  include as a part of its curriculum credentials,   certifications, or other course offerings that relate directly to   employment opportunities in the state;                (2)  employ as faculty and administrators persons with   baccalaureate or advanced degrees;                (3)  provide an academic coach and local advocate for   each student;                (4)  use an individual learning plan to monitor each   student's progress;                (5)  [establish satisfactory requirements for the   monthly progress of students according to standards set by the   commissioner;                [(6)]  provide a monthly report to the student's school   district regarding the student's progress;                (6) [(7)]  perform satisfactorily according to   performance indicators and accountability standards adopted for   alternative education programs by the commissioner; and                (7) [(8)]  comply with this title and rules adopted   under this title except as otherwise provided by this subsection.          (f-1)  An Internet online dropout recovery education program   is not subject to commissioner rules applicable to an optional   flexible school day program under Section 29.0822 regarding minutes   of instruction and calculation of average daily attendance.  For   the purposes of calculating attendance for an Internet online   dropout recovery education program, the commissioner shall:                (1)  consider a student to be scheduled for and   receiving instruction for 55 minutes per day for each course taken   for purposes of determining whether the student satisfies the   requirements of half-day or full-day enrollment;                (2)  consider a student who is enrolled for five   semester courses to be in attendance for each day of instruction in   the reporting period for purposes of establishing the student's   daily attendance;                (3)  calculate the final average daily attendance of   the program based on successful student completion of semester   courses in which students were enrolled using course completion   data reported by the district;                (4)  adjust the average daily attendance based on   students' failure to complete semester courses; and                (5)  adjust the amount of funding provided under the   Foundation School Program during the following school year based on   any adjustment made under Subdivision (4).          SECTION 3.  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 4.  This Act takes effect September 1, 2021.