By: Creighton  S.B. No. 2032          (In the Senate - Filed March 9, 2023; March 9, 2023, read   first time and referred to Committee on Education; April 17, 2023,   reported adversely, with favorable Committee Substitute by the   following vote:  Yeas 10, Nays 0; April 17, 2023, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 2032 By:  Flores     A BILL TO BE ENTITLED   AN ACT     relating to adult high school charter school programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.251, Education Code, is amended by   amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)  "Adult education" means services and instruction   provided below the college level for adults by an eligible [a   nonprofit] entity granted a charter under this subchapter.                (1-a)  "Eligible entity" means an entity described by   Section 12.256.          SECTION 2.  Sections 12.255(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  Notwithstanding any other law and in addition to the   number of charters allowed under Subchapter D, the commissioner   may, subject to Subsection (c) and on the basis of an application   submitted, grant a charter under the program to an eligible entity    [a nonprofit entity described by Section 12.256] to provide an   adult education program for individuals described by Section 12.258   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)  An eligible [A nonprofit] entity, other than the   nonprofit entity granted a charter under former Section 29.259, is   not entitled to an automatic grant of a charter under this   subchapter on the basis that the entity holds a charter or operates   a charter school under another provision of this chapter.          (c)  Subject to Subsection (d), the commissioner may not   grant more than 10 [two charters in a calendar year or more than   six] charters [total] under this subchapter. [In granting   charters, the commissioner may not grant:                [(1)  a charter before September 1, 2023; or                [(2)  a total of more than:                      [(A)  two charters before September 1, 2024; or                      [(B)  four charters before September 1, 2026.]          SECTION 3.  Section 12.256, Education Code, is amended to   read as follows:          Sec. 12.256.  ELIGIBLE ENTITIES [CHARTER HOLDER   QUALIFICATIONS]. An [A nonprofit] entity is eligible for [may be   granted] a charter to operate an adult education program under this   subchapter [only] if:                (1)  the entity is:                      (A)  a nonprofit entity;                      (B)  a school district;                      (C)  an entity granted a charter under Subchapter   D; or                      (D)  a general academic teaching institution or   public junior college, as those terms are defined by Section   61.003; and                (2)  the entity, or a member of the entity's executive   leadership, 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 marginalizing circumstances.          SECTION 4.  Subchapter G, Chapter 12, Education Code, is   amended by adding Section 12.2565 to read as follows:          Sec. 12.2565.  APPLICATION PROCESS. (a)  The commissioner   shall accept applications for a charter to operate an adult   education program under this subchapter during the 60-day period   beginning on September 1 of each year.          (b)  The commissioner shall provide each applicant with:                (1)  not later than the 60th day following the last day   of the period described by Subsection (a):                      (A)  written notice of the commissioner's   preliminary decision to grant or deny the charter; and                      (B)  a written explanation of the reasons for   denying the charter, if applicable; and                (2)  an opportunity to cure any defects in the   application, if applicable.          SECTION 5.  Section 12.257(a), Education Code, is amended to   read as follows:          (a)  An eligible [A nonprofit] entity must include in its   charter application the information required by Subsection (b).          SECTION 6.  Section 12.258(b), Education Code, is amended to   read as follows:          (b)  In admitting students to an adult education program   operated under a charter granted under this subchapter, an eligible    [a nonprofit] entity shall give priority to a person who has not   earned a high school equivalency certificate.          SECTION 7.  Section 12.259, Education Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  An eligible [A nonprofit] entity granted a charter under   this subchapter may partner with a public junior college or a   provider or organization approved by the Texas Workforce Commission   to provide career and technology courses that lead to industry   certification through an adult education program described by   Subsection (a).          (c)  An entity described by Section 12.256(1)(B), (C), or (D)   to whom a charter is granted under this subchapter may contract with   a nonprofit entity that is an eligible entity to operate an adult   education program described by Subsection (a).          SECTION 8.  Section 12.261, Education Code, is amended to   read as follows:          Sec. 12.261.  EXPANSION AMENDMENT. (a) Not later than June   30 of each year, an eligible [a nonprofit] entity granted a charter   under this subchapter must submit any request for approval of an   expansion amendment intended to take effect the next school year.          (b)  An expansion amendment submitted under Subsection (a)   is considered approved if the commissioner does not provide written   notice to the eligible [nonprofit] entity of the disapproval of the   expansion amendment on or before August 1.          SECTION 9.  Section 12.262(e), Education Code, is amended to   read as follows:          (e)  The commissioner may 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 accountability framework adopted under this section for   three consecutive school years after the second [first] year of   operation.          SECTION 10.  Section 12.263(f), Education Code, as effective   September 1, 2023, is amended to read as follows:          (f)  In addition to funding provided under Subsection (a), an   eligible [a nonprofit] entity granted a charter under this   subchapter is entitled to receive for the adult education program   an annual allotment, provided in accordance with a schedule   established by commissioner rule, equal to the maximum basic   allotment under Section 48.051(a) or (b) multiplied by:                (1)  for each credit earned by a student enrolled in the   adult education program during the preceding school year:                      (A)  0.01 for a course other than a career and   technology education course; and                      (B)  0.02 for a career and technology education   course; and                (2)  0.1 for each student who successfully completed   the adult education program and earned a high school diploma during   the preceding school year.          SECTION 11.  Section 12.264, Education Code, is amended to   read as follows:          Sec. 12.264.  GIFTS, GRANTS, AND DONATIONS. (a)  The   commissioner or an adult education program operated under a charter   granted under this subchapter may accept gifts, grants, or   donations from any public or private source to be used for purposes   of this subchapter.          (b)  From any gifts, grants, or donations appropriated or   otherwise available to the commissioner for the purpose, the   commissioner shall provide to an eligible entity granted a charter   under this subchapter funding for costs associated with   implementing an adult education program operated under the charter   not later than the 45th day after the date the charter is granted.          SECTION 12.  Section 12.265, Education Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  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);                (2)  the application process under Section 12.2565; and                (3) [(2)]  the evaluation provisions under Section   12.262.          (c)  In adopting rules, the commissioner may establish a   maximum number of students who may be enrolled in an adult education   program operated under a charter granted under this subchapter.          SECTION 13.  Section 12.255(e), Education Code, is repealed.          SECTION 14.  This Act applies beginning with the 2023-2024   school year.          SECTION 15.  Not later than August 31, 2023, the   commissioner of education shall adopt rules under Section 12.265,   Education Code, as amended by this Act.          SECTION 16.  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, 2023.     * * * * *