Bill Text: TX SB2196 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to authorizing a dropout recovery competency-based educational program provided through a campus or campus program charter or open-enrollment charter school.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Education [SB2196 Detail]
Download: Texas-2019-SB2196-Introduced.html
86R13092 SRS-F | ||
By: Lucio | S.B. No. 2196 |
|
||
|
||
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 section, "program" means | ||
a dropout recovery competency-based educational program authorized | ||
under this subchapter. | ||
Sec. 12.202. PROGRAM AUTHORIZATION. (a) For the purpose of | ||
offering a dropout recovery competency-based educational program | ||
to serve eligible students described by Section 12.203, the | ||
commissioner, subject to Subsection (b), may: | ||
(1) on the basis of an application submitted, grant a | ||
charter to an eligible entity for an open-enrollment charter school | ||
under Subchapter D to provide the program; | ||
(2) authorize an open-enrollment charter school that | ||
has been granted a charter under Subchapter D to provide the | ||
program; or | ||
(3) authorize a campus or campus program that has been | ||
granted a charter under Subchapter C to provide the program. | ||
(b) To qualify for authorization under this subchapter, a | ||
program must: | ||
(1) serve students in grades 9 through 12 and have an | ||
enrollment of which at least 50 percent of the students are 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) meet the eligibility requirements for and register | ||
under alternative education accountability procedures adopted by | ||
the commissioner. | ||
Sec. 12.203. ELIGIBLE STUDENT. 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 | ||
each 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 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), | ||
(2), (3), (5), or (10); | ||
(3) the student has been previously 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 entered the United States as an | ||
asylee as defined by 45 C.F.R. Section 400.41 or a refugee as | ||
defined by 8 U.S.C. Section 1101(a)(42); | ||
(12) 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 | ||
(13) 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. | ||
Sec. 12.204. ELIGIBILITY FOR DIPLOMA. (a) A student | ||
enrolled in a program 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) The commissioner by rule shall establish the | ||
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. OPERATION OF PROGRAM. (a) An open-enrollment | ||
charter school or campus or campus program authorized to operate 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) An open-enrollment charter school or a campus or campus | ||
program authorized to operate a program under this subchapter shall | ||
annually have an audit of the operations of the program, including | ||
the financial operations, conducted at the authorized entity's | ||
expense. The audit must be conducted by an independent certified | ||
public accountant. | ||
(c) For purposes of conducting an audit under this section, | ||
the commissioner by rule shall establish requirements for verifying | ||
course credits earned by program students. | ||
Sec. 12.206. ACCOUNTABILITY. (a) A program under this | ||
subchapter shall be evaluated under Section 39.0548 and as provided | ||
by commissioner rule. | ||
(b) An open-enrollment charter school granted a charter to | ||
operate a program is not subject to non-renewal under the | ||
conditions prescribed by Section 12.1141(d) or revocation under the | ||
conditions prescribed by Sections 12.115(c)(1) or (2) until the | ||
program has received an unacceptable performance rating under | ||
evaluations conducted by the commissioner under Subsection (a) for | ||
four consecutive school years. | ||
Sec. 12.207. FUNDING. (a) An open-enrollment charter | ||
school or campus or campus program authorized to operate a program | ||
under this subchapter is entitled to receive state funding as | ||
provided by Section 12.106, provided that, for purposes of this | ||
subchapter, the commissioner shall by rule determine a method to | ||
calculate average daily attendance 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) An open-enrollment charter school or a campus or campus | ||
program authorized to operate 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. | ||
Sec. 12.208. PROGRAM REPORTING SYSTEM. (a) The | ||
commissioner by rule shall develop: | ||
(1) a system for each open-enrollment charter school | ||
and a campus or campus program authorized to operate a program under | ||
this subchapter to report information relating to the program as | ||
directed by the commissioner; and | ||
(2) to the extent practicable, a monthly funding | ||
schedule. | ||
(b) Before developing the system and schedule under | ||
Subsection (a) and in an effort to best serve the interests and | ||
needs of eligible students under this subchapter, the commissioner | ||
shall solicit input from charter schools that currently operate | ||
dropout recovery programs. | ||
Sec. 12.209. RULES; WAIVERS. (a) The commissioner shall | ||
adopt rules necessary to implement and administer this subchapter. | ||
(b) The commissioner may waive any requirement under this | ||
code to facilitate the purposes of this subchapter. This | ||
subsection expires August 1, 2026. | ||
Sec. 12.210. REPORT. Not later than December 1, 2027, the | ||
commissioner shall submit a report to the legislature that: | ||
(1) evaluates the implementation of this subchapter; | ||
and | ||
(2) makes recommendations regarding any legislative | ||
or other action. | ||
SECTION 2. This Act applies beginning with the 2020-2021 | ||
school year. | ||
SECTION 3. 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, 2019. |