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A BILL TO BE ENTITLED
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AN ACT
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relating to an Internet online dropout recovery education program |
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for students at risk of dropping out of school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.081(d), Education Code, as amended by |
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Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051), Acts |
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of the 86th Legislature, Regular Session, 2019, is reenacted and |
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amended to read as follows: |
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(d) For purposes of this section, "student at risk of |
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dropping out of school" includes each student who: |
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(1) is under 26 years of age and who: |
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(A) was not advanced from one grade level to the |
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next for one or more school years; |
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(B) if the student is in grade 7, 8, 9, 10, 11, or |
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12, did not maintain an average equivalent to 70 on a scale of 100 in |
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two or more subjects in the foundation curriculum during a semester |
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in the preceding or current school year or is not maintaining such |
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an average in two or more subjects in the foundation curriculum in |
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the current semester; |
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(C) did not perform satisfactorily on an |
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assessment instrument administered to the student under Subchapter |
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B, Chapter 39, and who has not in the previous or current school |
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year subsequently performed on that instrument or another |
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appropriate instrument at a level equal to at least 110 percent of |
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the level of satisfactory performance on that instrument; |
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(D) if the student is in prekindergarten, |
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kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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a readiness test or assessment instrument administered during the |
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current school year; |
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(E) is pregnant or is a parent; |
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(F) has been placed in an alternative education |
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program in accordance with Section 37.006 during the preceding or |
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current school year; |
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(G) has been expelled in accordance with Section |
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37.007 during the preceding or current school year; |
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(H) is currently on parole, probation, deferred |
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prosecution, or other conditional release; |
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(I) was previously reported through the Public |
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Education Information Management System (PEIMS) to have dropped out |
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of school; |
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(J) is a student of limited English proficiency, |
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as defined by Section 29.052; |
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(K) is in the custody or care of the Department of |
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Family and Protective Services or has, during the current school |
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year, been referred to the department by a school official, officer |
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of the juvenile court, or law enforcement official; |
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(L) is homeless; |
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(M) resided in the preceding school year or |
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resides in the current school year in a residential placement |
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facility in the district, including a detention facility, substance |
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abuse treatment facility, emergency shelter, psychiatric hospital, |
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halfway house, cottage home operation, specialized child-care |
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home, or general residential operation; [or] |
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(N) [(14)] has been incarcerated or has a parent |
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or guardian who has been incarcerated, within the lifetime of the |
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student, in a penal institution as defined by Section 1.07, Penal |
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Code; or |
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(O) is enrolled in a school district or |
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open-enrollment charter school, or a campus of a school district or |
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open-enrollment charter school, that is designated as a dropout |
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recovery school under Section 39.0548; or |
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(2) regardless of the student's age, participates in |
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an adult education program provided under a high school diploma and |
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industry certification charter school program under Section |
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29.259. |
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SECTION 2. Section 29.081, Education Code, is amended by |
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amending Subsection (e-2) and adding Subsection (f-1) to read as |
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follows: |
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(e-2) An Internet online dropout recovery education program |
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must: |
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(1) include as a part of its curriculum credentials, |
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certifications, or other course offerings that relate directly to |
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employment opportunities in the state; |
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(2) employ as faculty and administrators persons with |
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baccalaureate or advanced degrees; |
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(3) provide an academic coach and local advocate for |
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each student; |
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(4) use an individual learning plan to monitor each |
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student's progress; |
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(5) [establish satisfactory requirements for the |
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monthly progress of students according to standards set by the |
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commissioner; |
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[(6)] provide a monthly report to the student's school |
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district regarding the student's progress; |
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(6) [(7)] perform satisfactorily according to |
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performance indicators and accountability standards adopted for |
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alternative education programs by the commissioner; and |
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(7) [(8)] comply with this title and rules adopted |
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under this title except as otherwise provided by this subsection. |
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(f-1) An Internet online dropout recovery education program |
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is not subject to commissioner rules applicable to an optional |
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flexible school day program under Section 29.0822 regarding minutes |
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of instruction and calculation of average daily attendance. For |
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the purposes of calculating attendance for an Internet online |
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dropout recovery education program, the commissioner shall: |
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(1) consider a student to be scheduled for and |
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receiving instruction for 55 minutes per day for each course taken |
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for purposes of determining whether the student satisfies the |
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requirements of half-day or full-day enrollment; |
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(2) consider a student who is enrolled for five |
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semester courses to be in attendance for each day of instruction in |
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the reporting period for purposes of establishing the student's |
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daily attendance; |
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(3) calculate the final average daily attendance of |
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the program based on successful student completion of semester |
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courses in which students were enrolled using course completion |
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data reported by the district; |
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(4) adjust the average daily attendance based on |
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students' failure to complete semester courses; and |
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(5) adjust the amount of funding provided under the |
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Foundation School Program during the following school year based on |
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any adjustment made under Subdivision (4). |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2021. |