87R2797 MWC-D     By: Dutton H.B. No. 998       A BILL TO BE ENTITLED   AN ACT   relating to the qualifications for designation as a dropout   recovery school and evaluating the performance of dropout recovery   schools for purposes of the public school accountability system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.1141(c), Education Code, is amended   to read as follows:          (c)  At the end of the term of a charter for an   open-enrollment charter school, if a charter holder submits to the   commissioner a petition for renewal of the charter and the charter   does not meet the criteria for expedited renewal under Subsection   (b) or for expiration under Subsection (d), the commissioner shall   use the discretionary consideration process.  The commissioner's   decision under the discretionary consideration process must take   into consideration the results of annual evaluations under the   performance frameworks established under Section 12.1181.  The   renewal of the charter of an open-enrollment charter school that is   registered under the agency's alternative education accountability   procedures for evaluation under Chapter 39 shall be considered   under the discretionary consideration process regardless of the   performance ratings under Subchapter C, Chapter 39, of the   open-enrollment charter school or of any campus operating under the   charter, except that if the charter holder has been assigned a   financial accountability performance rating under Subchapter D,   Chapter 39, indicating financial performance that is lower than   satisfactory for any three of the five preceding school years, the   commissioner shall allow the charter to expire under Subsection   (d).  In considering the renewal of the charter of an   open-enrollment charter school that is registered under the   agency's alternative education accountability procedures for   evaluation under Chapter 39, such as a dropout recovery school or a   school providing education within a residential treatment   facility, the commissioner shall use academic criteria established   by commissioner rule that are appropriate to measure the specific   goals of the school.  The criteria established by the commissioner   shall recognize growth in student achievement as well as   educational attainment.  For purposes of this subsection, the   commissioner shall designate as a dropout recovery school an   open-enrollment charter school or a campus of an open-enrollment   charter school:                (1)  that serves students in grades 9 through 12 and has   an enrollment of which at least 50 percent of the students are 16    [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)  that meets the eligibility requirements for and is   registered under alternative education accountability procedures   adopted by the commissioner.          SECTION 2.  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 16 [17] years of   age and older; and                (2)  an adult education program provided under a high   school diploma and industry certification charter school program   under Section 29.259.          SECTION 3.  (a)  Section 39.0548(a), Education Code, is   amended to read as follows:          (a)  For purposes of evaluating performance under Section   39.053(c), the commissioner shall designate as a dropout recovery   school a school district or an open-enrollment charter school or a   campus of a district or of an open-enrollment charter school:                (1)  that serves students in grades 9 through 12 and has   an enrollment of which at least 50 percent of the students are 16    [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)  that meets the eligibility requirements for and is   registered under alternative education accountability procedures   adopted by the commissioner.          (b)  Effective September 1, 2023, Section 39.0548, Education   Code, is amended by amending Subsections (a) and (d) and adding   Subsections (a-1), (e), and (f) to read as follows:          (a)  For purposes of evaluating performance under Section   39.053(c), the commissioner shall designate as a dropout recovery   school a school district or an open-enrollment charter school or a   campus of a district or of an open-enrollment charter school:                (1)  that serves students in grades 9 through 12 and has   an enrollment of which at least 50 percent of the students are 16    [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)  that [meets the eligibility requirements for and]   is registered under alternative education accountability   procedures adopted by the commissioner.          (a-1)  For purposes of assigning performance ratings under   Section 39.054, the commissioner shall evaluate a dropout recovery   school under alternative education accountability procedures   adopted by the commissioner.          (d)  For [Notwithstanding Section 39.053(c), for] purposes   of evaluating a dropout recovery school under the alternative   education accountability procedures adopted by the commissioner   [to determine the performance rating of the school under Section   39.054], only the best result from the primary administration or   any retake of an assessment instrument administered to a student in   the school year evaluated may be considered in assigning   performance ratings for the school under 39.054.          (e)  To the extent consistent with or permitted by an   authorized waiver of federal law, the commissioner, for purposes of   evaluating performance of a dropout recovery school under the   alternative education accountability procedures adopted by the   commissioner, shall adopt performance targets for the student   achievement domain under Section 39.053(c)(1) and the school   progress domain under Section 39.053(c)(2) that are based on the   average performance of school districts and campuses registered   under the alternative education accountability procedures for the   preceding school year for those respective domains.          (f)  To the extent consistent with or permitted by an   authorized waiver of federal law, the commissioner, for purposes of   evaluating performance of a dropout recovery school under the   alternative education accountability procedures adopted by the   commissioner, shall attribute to a dropout recovery school not less   than a minimum scaled score of 60 for the closing the gaps domain   under Section 39.053(c)(3).          SECTION 4.  Sections 12.1141(c) and 12.137(a), Education   Code, as amended by this Act, and Section 39.0548(a), Education   Code, as amended by Section 3(a) of this Act, apply beginning with   the 2021-2022 school year.          SECTION 5.  (a) Not later than September 1, 2023, the   commissioner of education shall:                (1)  obtain any necessary waiver from the application   of federal law or regulation conflicting with Section 39.0548,   Education Code, as amended by this Act, effective September 1,   2023; or                (2)  receive written notification from the United   States Department of Education that a waiver is not required for   Section 39.0548, Education Code, as amended by this Act, effective   September 1, 2023, to take effect.          (b)  If the commissioner of education obtains any necessary   waiver or receives written notification that a waiver is not needed   as described by Subsection (a) of this section, the commissioner   shall certify that the commissioner has obtained the waiver or   received notification that a waiver is not required, as applicable,   and shall publish notice of that fact in the Texas Register as soon   as practicable after obtaining the waiver or receiving   notification.          SECTION 6.  Except as otherwise provided by this Act, 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.