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  S.B. No. 879
 
 
 
 
AN ACT
  relating to the qualifications for designation as a dropout
  recovery school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.1141(c), Education Code, is amended
  to read as follows:
         (c)  At the end of the term of a charter for an
  open-enrollment charter school, if a charter holder submits to the
  commissioner a petition for renewal of the charter and the charter
  does not meet the criteria for expedited renewal under Subsection
  (b) or for expiration under Subsection (d), the commissioner shall
  use the discretionary consideration process. The commissioner's
  decision under the discretionary consideration process must take
  into consideration the results of annual evaluations under the
  performance frameworks established under Section 12.1181. The
  renewal of the charter of an open-enrollment charter school that is
  registered under the agency's alternative education accountability
  procedures for evaluation under Chapter 39 shall be considered
  under the discretionary consideration process regardless of the
  performance ratings under Subchapter C, Chapter 39, of the
  open-enrollment charter school or of any campus operating under the
  charter, except that if the charter holder has been assigned a
  financial accountability performance rating under Subchapter D,
  Chapter 39, indicating financial performance that is lower than
  satisfactory for any three of the five preceding school years, the
  commissioner shall allow the charter to expire under Subsection
  (d). In considering the renewal of the charter of an
  open-enrollment charter school that is registered under the
  agency's alternative education accountability procedures for
  evaluation under Chapter 39, such as a dropout recovery school or a
  school providing education within a residential treatment
  facility, the commissioner shall use academic criteria established
  by commissioner rule that are appropriate to measure the specific
  goals of the school. The criteria established by the commissioner
  shall recognize growth in student achievement as well as
  educational attainment. For purposes of this subsection, the
  commissioner shall designate as a dropout recovery school an
  open-enrollment charter school or a campus of an open-enrollment
  charter school:
               (1)  that serves students in grades 9 through 12 and has
  an enrollment of which at least 60 [50] percent of the students are
  16 [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)  that meets the eligibility requirements for and is
  registered under alternative education accountability procedures
  adopted by the commissioner.
         SECTION 2.  Section 12.137(a), Education Code, is amended to
  read as follows:
         (a)  This section applies only to:
               (1)  an open-enrollment charter school designated as a
  dropout recovery school as described by Section 12.1141(c) if the
  enrollment of the school consists only of students 16 [17] years of
  age and older; and
               (2)  an adult education program provided under a high
  school diploma and industry certification charter school program
  under Section 29.259.
         SECTION 3.  Section 39.0548(a), Education Code, is amended
  to read as follows:
         (a)  For purposes of evaluating performance under Section
  39.053(c), the commissioner shall designate as a dropout recovery
  school a school district or an open-enrollment charter school or a
  campus of a district or of an open-enrollment charter school:
               (1)  that:
                     (A)  serves students in grades 9 through 12 and
  has an enrollment of which at least 60 [50] percent of the students
  are 16 [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; or
                     (B)  applies for and receives designation as a
  dropout recovery school in accordance with commissioner rule; and
               (2)  that meets the eligibility requirements for and is
  registered under alternative education accountability procedures
  adopted by the commissioner.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 879 passed the Senate on    
  April 29, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 879 passed the House on        
  May 8, 2021, by the following vote:  Yeas 127, Nays 12, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor