87R19942 MLH-F     By: Dutton H.B. No. 572       A BILL TO BE ENTITLED   AN ACT   relating to authorizing a dropout recovery competency-based   educational 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   PROGRAM          Sec. 12.201.  DEFINITION. In this subchapter, unless the   context indicates otherwise, "program" means a dropout recovery   competency-based educational program authorized under this   subchapter.          Sec. 12.202.  PROGRAM AUTHORIZATION. (a) A school district   or open-enrollment charter school may offer a dropout recovery   competency-based educational program to eligible students as   provided by this subchapter.          (b)  A program offered under this subchapter must:                (1)  serve students in grades 9 through 12 and have an   enrollment of which at least 50 percent of the students are 16 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 be   registered under alternative education accountability procedures   adopted by the commissioner.          (c)  A dropout recovery competency-based educational program   may be offered at a new or existing school district or   open-enrollment charter school campus, as a new campus program, or   as part of an existing campus program, including a campus or campus   program that has been granted a charter under Subchapter C.          (d)  Notwithstanding any other provision of this code, a   nonprofit entity granted a charter under Section 29.259 may   transfer the adult education program operated under that charter as   a campus to a school district or open-enrollment charter school to   be offered as a program under this subchapter, subject to the   commissioner's approval.  For purposes of this subchapter, an adult   education program transferred as a campus under this subsection is   a program under this subchapter.          Sec. 12.203.  ELIGIBLE STUDENT. (a)  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.          (b)  A student is eligible to enroll in a program provided   under this subchapter if the student is at least 26 years of age and   under 50 years of age and meets one of the following criteria:                (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.          (c)  Students enrolled in a program under Subsection (b) may   not be counted toward the maximum student enrollment described by   Section 12.0522 or an open-enrollment charter school's charter, as   applicable.          Sec. 12.204.  ELIGIBILITY FOR DIPLOMA. (a) A student   enrolled in a program offered 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)  A school district or open-enrollment charter school   that operates a program under this subchapter shall establish the   procedures and 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.  PROGRAM CALENDAR AND CLASS SCHEDULE. (a) A   school district or open-enrollment charter school that offers 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)  The commissioner may waive any requirement under this   code to facilitate the purposes of this subchapter.          Sec. 12.206.  ACCOUNTABILITY. (a) For purposes of   accountability, the commissioner shall evaluate the performance of   students enrolled in a program under Section 12.203(a) separately   from the performance of students enrolled in a program under   Section 12.203(b).          (b)  The performance of students enrolled in a program under   Section 12.203(a) shall be evaluated under Section 39.0548 and as   provided by commissioner rule.          (c)  The performance of students enrolled in a program under   Section 12.203(b) shall be evaluated under the performance   frameworks adopted under Section 29.259(o). The results of the   evaluation may not be considered in determining under Chapter 39   the accreditation status or overall or domain performance ratings   of the school district or open-enrollment charter school that   offers the program.          Sec. 12.207.  FUNDING. (a) A school district or   open-enrollment charter school that offers a program under this   subchapter is entitled to receive funding for students enrolled in   the program under Section 12.203(a) as provided by Chapter 48 or   Section 12.106, as applicable, except that, for purposes of this   subchapter, the commissioner shall calculate average daily   attendance for the program as provided by commissioner rule 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)  A school district or open-enrollment charter school   that offers a program under this subchapter may use any available   state or local funding, including funding received for a campus or   campus program that has been granted a charter under Subchapter C or   funding received under Section 12.106, as applicable, to provide   the program to students described by Section 12.203(b).          (d)  A school district or open-enrollment charter school   that offers 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.          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                      (O)  is enrolled in a school district or   open-enrollment charter school, or a campus of a school district or   open-enrollment charter school, that is designated as a dropout   recovery school under Section 39.0548; 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.  (a) Except as provided by Subsection (b) of this   section, this Act applies beginning with the 2021-2022 school year.          (b)  Subchapter F, Chapter 12, Education Code, as added by   this Act, applies beginning with the 2024-2025 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.