87R17150 MWC-D     By: Dutton H.B. No. 998     Substitute the following for H.B. No. 998:     By:  Dutton C.S.H.B. No. 998       A BILL TO BE ENTITLED   AN ACT   relating to the qualifications for designation as a dropout   recovery school.          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 60 [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.  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:                      (A)  serves students in grades 9 through 12 and   has an enrollment of which at least 60 [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; or                      (B)  applies for and receives designation as a   dropout recovery school in accordance with commissioner rule; and                (2)  that meets the eligibility requirements for and is   registered under alternative education accountability procedures   adopted by the commissioner.          SECTION 4.  This Act applies beginning with the 2021-2022   school year.          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.