S.B. No. 1142
 
 
 
 
AN ACT
  relating to an adult high school diploma and industry certification
  charter school pilot program for adults 19 to 50 years of age.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 29, Education Code, is
  amended by adding Section 29.259 to read as follows:
         Sec. 29.259.  ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
  CERTIFICATION CHARTER SCHOOL PILOT PROGRAM. (a)  In this section,
  "adult education" means services and instruction provided below the
  college level for adults by a nonprofit entity described by
  Subsection (e).
         (b)  The commissioner shall establish an adult high school
  diploma and industry certification charter school pilot program as
  provided by this section as a strategy for meeting industry needs
  for a sufficiently trained workforce within the state.
         (c)  The agency shall adopt and administer a standardized
  secondary exit-level assessment instrument appropriate for
  assessing adult education program participants who successfully
  complete high school curriculum requirements under a program
  provided under this section.  The commissioner shall determine the
  level of performance considered to be satisfactory on the secondary
  exit-level assessment instrument for receipt of a high school
  diploma by an adult education program participant in a program
  provided under this section.
         (d)  Notwithstanding any other law and in addition to the
  number of charters allowed under Subchapter D, Chapter 12, a
  charter under the pilot program may, on the basis of an application
  submitted, be granted to a single nonprofit entity described by
  Subsection (e) to provide an adult education program for not more
  than 150 individuals described by Subsection (g) 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.
         (e)  A nonprofit entity may be granted a charter under this
  section only if the entity:
               (1)  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 circumstances; and
               (2)  agrees to commit at least $1 million to the adult
  education program offered.
         (f)  A nonprofit entity granted a charter under this section
  may partner with a public junior college to provide career and
  technology courses that lead to industry certification.
         (g)  A person who is at least 19 years of age and not more
  than 50 years of age is eligible to enroll in the adult education
  program under this section if the person has not earned a high
  school equivalency certificate and:
               (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.
         (h)  The nonprofit entity must include in its charter
  application the information required by Subsection (i).
         (i)  A charter granted under this section must:
               (1)  include a description of the adult education
  program to be offered under this section; and
               (2)  establish specific, objective standards for
  receiving a high school diploma, including satisfactory
  performance on the standardized secondary exit-level assessment
  instrument described by Subsection (c).
         (j)  Funding for an adult education program under this
  section is provided based on the following:
               (1)  for participants who are 26 years of age and older,
  an amount per participant from available general revenue funds
  appropriated for the pilot program equal to the statewide average
  amount of state funding per student in weighted average daily
  attendance that would be allocated under the Foundation School
  Program to an open-enrollment charter school under Section 12.106
  were the student under 26 years of age; and
               (2)  for participants who are at least 19 years of age
  and under 26 years of age, an amount per participant through the
  Foundation School Program equal to the amount of state funding per
  student in weighted average daily attendance that would be
  allocated under the Foundation School Program for the student's
  attendance at an open-enrollment charter school in accordance with
  Section 12.106.
         (k)  Sections 12.107 and 12.128 apply as though funds under
  this section were funds under Subchapter D, Chapter 12.
         (l)  Not later than December 1 of each even-numbered year,
  beginning December 1, 2016, the agency shall prepare and deliver to
  the governor, lieutenant governor, speaker of the house of
  representatives, and presiding officer of each standing
  legislative committee with primary jurisdiction over public
  education or economic development a report that:
               (1)  evaluates any adult education program operated
  under a charter granted under this section; and
               (2)  makes recommendations regarding the abolition,
  continuation, or expansion of the pilot program.
         (m)  The commissioner shall adopt rules necessary to
  administer the pilot program under this section.  In adopting
  rules, the commissioner may modify charter school requirements only
  to the extent necessary for the administration of a charter school
  under this section that provides for adult education.
         SECTION 2.  Subsection (a), Section 42.003, Education Code,
  is amended to read as follows:
         (a)  A student is entitled to the benefits of the Foundation
  School Program if, on September 1 of the school year, the student:
               (1)  is 5 years of age or older and under 21 years of age
  and has not graduated from high school, or is at least 21 years of
  age and under 26 years of age and has been admitted by a school
  district to complete the requirements for a high school diploma; or
               (2)  is at least 19 years of age and under 26 years of
  age and is enrolled in an adult high school diploma and industry
  certification charter school pilot program under Section 29.259.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1142 passed the Senate on
  April 10, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 16, 2013, by the
  following vote: Yeas 29, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1142 passed the House, with
  amendment, on May 10, 2013, by the following vote: Yeas 99,
  Nays 36, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor