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AN ACT
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relating to the inclusion of students enrolled in a dropout |
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recovery school as students at risk of dropping out of school for |
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purposes of compensatory, intensive, and accelerated instruction |
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and to a study by the Texas Education Agency on competency-based |
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educational programs. |
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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. Subchapter Z, Chapter 29, Education Code, is |
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amended by adding Section 29.928 to read as follows: |
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Sec. 29.928. STUDY ON COMPETENCY-BASED EDUCATIONAL |
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PROGRAMS. (a) The agency shall conduct a study on the |
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implementation of competency-based educational programs by public |
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schools in the state. |
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(b) The study must analyze methods of: |
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(1) providing funding for competency-based |
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educational programs that do not rely on average daily attendance; |
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(2) assessing the performance of competency-based |
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educational programs under the public school accountability |
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system; and |
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(3) providing competency-based educational programs |
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to nontraditional students, including adult students. |
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(c) The agency may solicit and accept gifts, grants, and |
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donations from any public or private source to fund the study. |
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(d) Not later than December 1, 2022, the agency shall |
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prepare and submit to the legislature a report on the results of the |
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study and any recommendations for legislative or other action. |
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(e) This section expires September 1, 2023. |
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SECTION 3. The Texas Education Agency is required to |
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implement Section 29.928, Education Code, as added by this Act, |
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only if the legislature appropriates money specifically for that |
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purpose. If the legislature does not appropriate money |
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specifically for that purpose, the agency may, but is not required |
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to, implement that section using other money available for that |
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purpose. |
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SECTION 4. 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 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 572 was passed by the House on May 14, |
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2021, by the following vote: Yeas 128, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 572 on May 28, 2021, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 572 on May 30, 2021, by the following vote: Yeas 138, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 572 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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572 on May 30, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |