87R3419 MLH-F     By: Dutton H.B. No. 572       A BILL TO BE ENTITLED   AN ACT   relating to authorizing a dropout recovery competency-based   educational pilot program provided through a campus or campus   program charter or open-enrollment charter school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 12, Education Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. DROPOUT RECOVERY COMPETENCY-BASED EDUCATIONAL   PILOT PROGRAM          Sec. 12.201.  DEFINITION. In this subchapter, "program"   means a dropout recovery competency-based educational pilot   program authorized under this subchapter.          Sec. 12.202.  PROGRAM AUTHORIZATION. (a) For the purpose of   offering during the 2022-2023 school year a dropout recovery   competency-based educational pilot program to serve eligible   students described by Section 12.203, the commissioner, subject to   Subsection (b), may:                (1)  on the basis of an application submitted, grant a   charter to an eligible entity for an open-enrollment charter school   under Subchapter D to provide the program;                (2)  authorize an open-enrollment charter school to   provide the program; or                (3)  authorize a campus or campus program that has been   granted a charter under Subchapter C to provide the program.          (b)  To qualify for authorization under this subchapter, a   program must:                (1)  serve students in grades 9 through 12 and have an   enrollment of which at least 50 percent of the students are 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)  meet the eligibility requirements for and register   under alternative education accountability procedures adopted by   the commissioner.          Sec. 12.203.  ELIGIBLE STUDENT. A student is eligible to   enroll in a program offered under this subchapter if the student is   at least 14 years of age and under 26 years of age on September 1 of   the school year and meets one or more of the following criteria:                (1)  the student was reported through the Public   Education Information Management System (PEIMS) or in another state   to have dropped out of school, including a student who has   previously dropped out of school;                (2)  the student is a student at risk of dropping out of   school under the circumstances described by Section   29.081(d)(1)(A), (B), (C), (E), or (J);                (3)  the student has been placed in a disciplinary   alternative education program under Section 37.006 during the   previous or current school year based on the Public Education   Information Management System (PEIMS) submissions or other   supporting documentation;                (4)  the student has been expelled under Section 37.007   during the previous four school years or the current school year;                (5)  the student is currently on parole, probation,   deferred prosecution, deferred adjudication, or other conditional   release;                (6)  the student is currently in the custody or care of   the Department of Family and Protective Services or has been   referred to the department during the previous or current school   year by a school official, officer of a juvenile court, or law   enforcement official;                (7)  the student has been previously or is currently   homeless as defined by 42 U.S.C. Section 11302 or within the meaning   of the term "homeless children and youths" under 42 U.S.C. Section   11434a, as applicable;                (8)  the student resided at any time or currently   resides in a residential care facility, 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;                (9)  the student is employed and working for pay at   least 15 hours or more each week to provide individual support or to   support the student's family;                (10)  the student is ordered by a court to attend a high   school equivalency certificate program but has not yet earned the   certificate or a high school diploma;                (11)  the student has previously been placed on a   personal graduation plan under Section 28.0212 or an intensive   program of instruction under Section 28.0213; or                (12)  the student or the parent of or person standing in   parental relation to the student certifies to the school that the   student would benefit from the program to otherwise avoid dropping   out of school due to extenuating family circumstances or   responsibilities, including to provide medical or caregiving   services to a family member or to provide individual support or to   support the student's family.          Sec. 12.204.  ELIGIBILITY FOR DIPLOMA. (a) A student   enrolled in a program under this subchapter may earn high school   course credits and receive a high school diploma if the student   successfully completes the curriculum requirements described under   Section 28.025.          (b)  The commissioner by rule shall establish the   requirements to demonstrate satisfactory completion of the   program, including:                (1)  successful completion of coursework to satisfy   curriculum requirements under the program; and                (2)  successful performance on an examination under   Section 28.023 to demonstrate mastery of the curriculum.          Sec. 12.205.  OPERATION OF PROGRAM. (a) An entity   authorized to operate a program under this subchapter shall create   an educational calendar and class schedule for the program's   operation that provides for flexibility in class scheduling and   student attendance. The commissioner shall approve reasonable   exceptions to accommodate program scheduling and achieve the   program's purpose.          (b)  An entity authorized to operate a program under this   subchapter shall have an audit of the operations of the program,   including the financial operations, conducted at the entity's   expense. The audit must be conducted by an independent certified   public accountant.          (c)  For purposes of conducting an audit under this section,   the commissioner by rule shall establish requirements for verifying   course credits earned by program students.          Sec. 12.206.  ACCOUNTABILITY. A program under this   subchapter shall be evaluated under Section 39.0548 and as provided   by commissioner rule.          Sec. 12.207.  FUNDING. (a) An entity authorized to operate   a program under this subchapter is entitled to receive full state   funding as provided by Section 12.106, provided that, for purposes   of this subchapter, the commissioner shall by rule determine a   method to calculate average daily attendance based on:                (1)  a student's successful completion of a number of   courses as determined by commissioner rule; and                (2)  a student's hours of contact time with the school.          (b)  The method under Subsection (a) must provide for a   proportionate reduction in funding if a student fails to   successfully complete the number of courses determined under   Subsection (a)(1).          (c)  An entity authorized to operate a program under this   subchapter may receive additional funds appropriated by the   legislature for:                (1)  an intensive program of instruction to the same   extent as a program under Section 28.0213; or                (2)  accelerated instruction to the same extent as a   program under Section 28.0217.          Sec. 12.208.  PROGRAM REPORTING SYSTEM. (a) The   commissioner by rule shall develop:                (1)  a system for each entity authorized to operate a   program under this subchapter to report information relating to the   program as directed by the commissioner; and                (2)  to the extent practicable, a monthly funding   schedule.          (b)  Before developing the system and schedule under   Subsection (a) and in an effort to best serve the interests and   needs of eligible students under this subchapter, the commissioner   shall solicit input from approved charter schools that currently   operate dropout recovery programs.          Sec. 12.209.  RULES; WAIVERS. (a) The commissioner shall   adopt rules necessary to implement and administer this subchapter.          (b)  The commissioner may waive any requirement under this   code to facilitate the purposes of this subchapter.          Sec. 12.210.  REPORT. Not later than December 1, 2023, the   commissioner shall submit to the legislature a report that:                (1)  evaluates the implementation of this subchapter;   and                (2)  makes recommendations regarding any legislative   or other action.          Sec. 12.211.  EXPIRATION. This subchapter expires December   1, 2023.          SECTION 2.  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                (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 3.  This Act applies beginning with the 2022-2023   school year.          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 September 1, 2021.