87R6374 KJE-F     By: VanDeaver H.B. No. 1942       A BILL TO BE ENTITLED   AN ACT   relating to the adult high school diploma and industry   certification charter school program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 12, Education Code, is amended by adding   Subchapter G, and a heading is added to that subchapter to read as   follows:   SUBCHAPTER G. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION   CHARTER SCHOOL PROGRAM          SECTION 2.  Section 29.259(a), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.251, Education Code, and   amended to read as follows:          Sec. 12.251.  DEFINITIONS. [(a)]  In this subchapter:                (1)  "Adult [section, "adult] education" means   services and instruction provided below the college level for   adults by a nonprofit entity granted a charter under this   subchapter [described by Subsection (e)].                (2)  "Program," unless the context indicates   otherwise, means the adult high school diploma and industry   certification charter school program established under this   subchapter.          SECTION 3.  Section 29.259(n), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.252, Education Code, and   amended to read as follows:          Sec. 12.252.  APPLICABILITY OF CERTAIN PROVISIONS. (a)  The   provisions of this chapter relating to charter schools do not apply   to an adult education program operated under a charter granted   under this subchapter except as otherwise provided by this   subchapter or by commissioner rule.          (b) [(n)]  An adult education program operated under a   charter granted under this subchapter [section] is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary as determined by the   commissioner to monitor compliance with this subchapter [section]   and, as applicable, Subchapter D[, Chapter 12];                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  high school graduation requirements under   Section 28.025, to the extent applicable to a program participant;                      (D)  special education programs under Subchapter   A, Chapter 29;                      (E)  bilingual education under Subchapter B,   Chapter 29;                      (F)  health and safety under Chapter 38;                      (G)  the requirement under Section 21.006 to   report an educator's misconduct; and                      (H)  the right of an employee to report a crime, as   provided by Section 37.148.          SECTION 4.  Section 29.259(b), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.253, Education Code, and   amended to read as follows:          Sec. 12.253.  ESTABLISHMENT OF PROGRAM. [(b)]  The   commissioner, in consultation with the advisory committee   established under Section 12.254, shall establish an adult high   school diploma and industry certification charter school program as   provided by this subchapter [section] as a strategy for meeting   industry needs for a sufficiently trained workforce within the   state.          SECTION 5.  Subchapter G, Chapter 12, Education Code, as   added by this Act, is amended by adding Section 12.254 to read as   follows:          Sec. 12.254.  ADVISORY COMMITTEE. (a)  An advisory   committee is established to make recommendations to the   commissioner regarding the implementation of the program,   including the issuance of charters to operate an adult education   program under this subchapter.          (b)  The advisory committee is composed of five members   appointed as follows:                (1)  one member appointed by the governor;                (2)  one member appointed by the lieutenant governor;                (3)  one member appointed by the speaker of the house of   representatives;                (4)  one member appointed by the executive director of   the Texas Workforce Commission; and                (5)  one member appointed by the commissioner of higher   education.          (c)  Each member appointed to the advisory committee must   have experience or expertise in adult or workforce education.          (d)  Members of the advisory committee serve at the pleasure   of the appointing official.          (e)  The governor shall designate a member of the advisory   committee as presiding officer to serve in that capacity at the   pleasure of the governor.          (f)  Members of the advisory committee are not entitled to   compensation but are entitled to reimbursement for actual and   necessary expenses incurred in fulfilling committee duties.          (g)  Staff members of the agency shall provide   administrative support for the advisory committee.          (h)  The agency shall provide funding for any administrative   and operational expenses of the advisory committee.          SECTION 6.  Section 29.259(d), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.255, Education Code, and   amended to read as follows:          Sec. 12.255.  AUTHORIZATION FOR CHARTER. (a) [(d)]     Notwithstanding any other law and in addition to the number of   charters allowed under Subchapter D, [Chapter 12,] the commissioner   may, subject to Subsection (b) and on the basis of an application   submitted, grant a charter under the program to a [single]   nonprofit entity described by Section 12.256 [Subsection (e)] to   provide an adult education program for individuals described by   Section 12.258 [Subsection (g)] 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)  The commissioner may not grant more than two charters   under this subchapter in a calendar year.          SECTION 7.  Section 29.259(e), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.256, Education Code, and   amended to read as follows:          Sec. 12.256.  CHARTER HOLDER QUALIFICATIONS. [(e)]  A   nonprofit entity may be granted a charter under this subchapter   [section] only if the entity[:                [(1)] 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 circumstances[; and                [(2) agrees to commit at least $1 million to the adult   education program offered].          SECTION 8.  Sections 29.259(h) and (i), Education Code, are   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.257, Education Code, and   amended to read as follows:          Sec. 12.257.  APPLICATION; CHARTER CONTENT.  (a)  A [(h) The]   nonprofit entity must include in its charter application the   information required by Subsection (b) [(i)].          (b) [(i)]  A charter granted under this subchapter [section]   must:                (1)  include a description of the adult education   program to be offered under this subchapter [section]; and                (2)  establish specific, objective standards for   receiving a high school diploma, including:                      (A)  successful completion of:                            (i)  if applicable to the program   participant, the curriculum requirements under Section 28.025; or                            (ii)  the appropriate curriculum   requirements applicable to the program participant; and                      (B)  satisfactory performance on the standardized   secondary exit-level assessment instrument described by Section   12.260 [Subsection (c)].          SECTION 9.  Sections 29.259(g) and (g-1), Education Code,   are transferred to Subchapter G, Chapter 12, Education Code, as   added by this Act, redesignated as Section 12.258, Education Code,   and amended to read as follows:          Sec. 12.258.  STUDENT ELIGIBILITY; ADMISSION.  (a) [(g)]  A   person who is at least 18 years of age and not more than 50 years of   age is eligible to enroll in an [the] adult education program   operated under a charter granted under this subchapter [section] if   the person:                (1)  has failed to complete the curriculum requirements   for high school graduation; or                (2)  has failed to perform satisfactorily on an   assessment instrument required for high school graduation.          (b) [(g-1)]  In admitting students to an [the] adult   education program operated under a charter granted under this   subchapter [section], a [the] nonprofit entity shall give priority   to a person who has not earned a high school equivalency   certificate.          SECTION 10.  Section 29.259(i-1), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.259, Education Code, and   amended to read as follows:          Sec. 12.259.  ADULT EDUCATION PROGRAM. (a)  An [(i-1) The]   adult education program operated under a charter granted [offered]   under this subchapter [section] must:                (1)  use an instructional model in which a significant   portion [at least 75 percent] of instruction, as approved by the   commissioner, is delivered by a teacher in an in-person,   interactive classroom setting; and                (2)  provide support services to students, including:                      (A)  child care at no cost to students;                      (B)  life coaching services, at a ratio not to   exceed one life coach for every 100 students, that use strategic and   holistic interventions designed to facilitate graduation planning   and assist students in overcoming life obstacles to achieve   academic and career goals;                      (C)  mental health counseling; and                      (D)  for students with identified disabilities or   impairments, instructional support services.          SECTION 11.  Section 29.259(f), Education Code, is   transferred to Section 12.259, Education Code, as added by this   Act, redesignated as Subsection (b) of that section, and amended to   read as follows:          (b) [(f)]  A nonprofit entity granted a charter under this   subchapter [section] may partner with a public junior college to   provide career and technology courses that lead to industry   certification through an adult education program described by   Subsection (a).          SECTION 12.  Section 29.259(c), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.260, Education Code, and   amended to read as follows:          Sec. 12.260.  ASSESSMENT INSTRUMENT. (a) [(c)]  The agency   shall adopt and administer a standardized secondary exit-level   assessment instrument appropriate for assessing [adult education]   program participants who successfully complete high school   curriculum requirements under an adult education [a] program   operated under a charter granted [provided] under this subchapter   [section].          (b)  The commissioner shall determine the level of   performance considered to be satisfactory on the secondary   exit-level assessment instrument adopted under Subsection (a) for   receipt of a high school diploma by a [an adult education] program   participant in an adult education [a] program operated under a   charter granted [provided] under this subchapter [section].          SECTION 13.  Section 29.259(i-2), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.261, Education Code, and   amended to read as follows:          Sec. 12.261.  EXPANSION AMENDMENT. (a)  Not [(i-2) If money   is appropriated for a state fiscal year for expansion of the program   under this section, not] later than June 30 of each [the state   fiscal] year [in which the appropriation is made], a [the]   nonprofit entity granted a charter under this subchapter [section]   must submit any request for approval of an expansion amendment   intended to take effect the next school year.          (b)  An [The] expansion amendment submitted under Subsection   (a) is considered approved if the commissioner does not provide   written notice to the nonprofit entity of the disapproval of the   expansion amendment on or before August 1.          SECTION 14.  Sections 29.259(o) and (p), Education Code, are   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.262, Education Code, and   amended to read as follows:          Sec. 12.262.  PERFORMANCE STANDARDS; REVOCATION OF CHARTER.     (a)  [(o)]  The commissioner shall develop and adopt performance   frameworks that establish standards by which to measure the   performance of an adult education [high school] program operated   under a charter granted under this subchapter [section] in a manner   consistent with the requirements provided for an open-enrollment   charter school under Sections 12.1181(a) and (b).          (b)  The commissioner shall include in the performance   frameworks adopted under Subsection (a) [this subsection] the   following performance indicators:                (1)  the percentage of program participants who   performed satisfactorily on the standardized secondary exit-level   assessment instrument described by Section 12.260 [Subsection   (c)];                (2)  the percentage of program participants who   successfully completed the adult education [high school] program   and earned a high school diploma;                (3)  the percentage of program participants who   successfully completed career and technology education courses and   obtained industry certification;                (4)  the percentage of program participants who have   enrolled in an institution of higher education or private or   independent institution of higher education, as those terms are   defined under Section 61.003; and                (5)  the percentage of program participants who earned   a wage, salary, or other income increase that was significant as   determined and reported by the Texas Workforce Commission.          (c) [(p)]  Each year, the commissioner shall evaluate the   performance of an adult education [high school] program operated   under a charter granted under this subchapter [section] based on   the applicable performance frameworks adopted under Subsection (a)   [(o)].          (d)  The commissioner shall 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 performance frameworks adopted under Subsection (a) for   three consecutive school years.          SECTION 15.  Sections 29.259(j) and (k), Education Code, are   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.263, Education Code, and   amended to read as follows:          Sec. 12.263.  ADULT EDUCATION PROGRAM FUNDING. (a) [(j)]   Funding for an adult education program operated under a charter   granted under this subchapter [section] is provided based on the   following:                (1)  for participants who are 26 years of age and older,   an amount per participant from available general revenue funds   appropriated for the adult education program equal to the statewide   average amount of state funding per student in weighted average   daily attendance that would be allocated under the Foundation   School Program to an open-enrollment charter school under Section   12.106 were the student under 26 years of age; and                (2)  for participants who are at least 18 years of age   and under 26 years of age, an amount per participant through the   Foundation School Program equal to the amount of state funding per   student in weighted average daily attendance that would be   allocated under the Foundation School Program for the student's   attendance at an open-enrollment charter school in accordance with   Section 12.106.          (b) [(k)]  Sections 12.107 and 12.128 apply as though funds   under this section were funds under Subchapter D[, Chapter 12].          SECTION 16.  Section 29.259(r), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.264, Education Code, and   amended to read as follows:          Sec. 12.264.  GIFTS, GRANTS, AND DONATIONS. [(r)] The   commissioner or an adult education program operated under a charter   granted under this subchapter [section] may accept gifts, grants,   or donations from any public or private source to be used for   purposes of this subchapter [section].          SECTION 17.  Section 29.259(m), Education Code, is   transferred to Subchapter G, Chapter 12, Education Code, as added   by this Act, redesignated as Section 12.265, Education Code, and   amended to read as follows:          Sec. 12.265.  RULES. (a) [(m)] 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); and                (2)  the evaluation provisions under Section 12.262   [section].          (b)  In adopting rules, the commissioner may modify charter   school requirements only to the extent necessary for the   administration of a charter school under this subchapter [section]   that provides for adult education.          SECTION 18.  Section 12.137(a), Education Code, is amended   to read as follows:          (a)  This section applies only to:                (1)  an open-enrollment charter school designated as a   dropout recovery school as described by Section 12.1141(c) if the   enrollment of the school consists only of students 17 years of age   and older; and                (2)  an adult education program provided under the   adult [a] high school diploma and industry certification charter   school program under Subchapter G [Section 29.259].          SECTION 19.  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 the adult [a] high school   diploma and industry certification charter school program under   Subchapter G, Chapter 12 [Section 29.259].          SECTION 20.  Section 48.003(a), Education Code, is amended   to read as follows:          (a)  A student is entitled to the benefits of the Foundation   School Program if, on September 1 of the school year, the student:                (1)  is 5 years of age or older and under 21 years of age   and has not graduated from high school, or is at least 21 years of   age and under 26 years of age and has been admitted by a school   district to complete the requirements for a high school diploma; or                (2)  is at least 18 years of age and under 26 years of   age and is enrolled in an adult education program provided under the   adult high school diploma and industry certification charter school   program under Subchapter G, Chapter 12 [Section 29.259].          SECTION 21.  Section 48.005(j), Education Code, is amended   to read as follows:          (j)  A district or charter school is eligible to earn full   average daily attendance under Subsection (a) if the district or   school provides at least 43,200 minutes of instructional time to   students enrolled in:                (1)  a dropout recovery school or program operating   under Section 12.1141(c) or Section 39.0548;                (2)  an alternative education program operating under   Section 37.008;                (3)  a school program located at a day treatment   facility, residential treatment facility, psychiatric hospital, or   medical hospital;                (4)  a school program offered at a correctional   facility; or                (5)  a school operating under Subchapter G, Chapter 12   [Section 29.259].          SECTION 22.  The following provisions of the Education Code   are repealed:                (1)  the section heading to Section 29.259; and                (2)  Section 29.259(q).          SECTION 23.  This Act applies beginning with the 2022-2023   school year.          SECTION 24.  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 25.  This Act takes effect September 1, 2021.