Relating to certain charter school programs and students.

89(R) SB 2942 - Introduced version - Bill Text

By: Creighton

S.B. No. 2942

A BILL TO BE ENTITLED

AN ACT

relating to certain charter school programs and students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.252, Education Code, is amended by

adding Subsection (c) to read as follows:

(c)

In matters related to operation of a charter school

under this subchapter, a charter school or charter holder is immune

from liability and suit to the same extent as a school district, and

the employees and volunteers of the charter school or charter

holder are immune from liability and suit to the same extent as

school district employees and volunteers.

A member of the

governing body of a charter school or of a charter holder governed

by this chapter is immune from liability and suit to the same extent

as a school district trustee.

SECTION 2. Section 12.258(a), Education Code is amended to

read as follows:

(a) A person who is at least 18 years of age and not more

than
60
[
50
] years of age is eligible to enroll in an adult

education program operated under a charter granted under this

subchapter if the person:

(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.

SECTION 3. Section 12.260, Education Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1)

Notwithstanding Subsection (b), a student enrolled in

an adult education program operated by an entity described by

Section 12.256(1)(D) or by a partnering nonprofit entity is

eligible for receipt of a high school diploma under this subchapter

if the student performs satisfactorily on an assessment instrument

prescribed by the Texas Higher Education Coordinating Board under

Section 130.455, provided that the student meets all other

applicable requirements for receipt of a diploma.

SECTION 4. Section 12.261(b), Education Code, is amended to

read as follows:

(b) An expansion amendment submitted under Subsection (a)

is considered approved if the commissioner does not provide written

notice to the eligible entity of the disapproval of the expansion

amendment on or before
the 30th day following receipt of the

amendment
[
August 1
].

SECTION 5. Section 12.262(b), Education Code, is amended to

read as follows:

(b) The commissioner shall include in the accountability

framework adopted under Subsection (a) performance domains that

measure:

(1) academic growth;

(2) career readiness;
and

(3) [
one-year post-graduation and longitudinal

postsecondary outcomes;

[
(4) longitudinal wage and career growth; and

[
(5)
] operational performance.

SECTION 6. Sections 12.263(b), (e), and (f), Education

Code, are amended to read as follows:

(b) For purposes of determining the average daily

attendance of an adult education program operated under a charter

granted under this subchapter, a student is considered to be in

average daily attendance, with a 100 percent attendance rate, for:

(1) all of the instructional days of the school year, if the

student is enrolled for at least 75 percent of the school year;

(2)
three-quarters
[
half
] of the instructional days of the

school year, if the student is enrolled for at least 50 percent but

less than 75 percent of the school year;

(3)
half
[
a quarter
] of the instructional days of the school

year, if the student is enrolled for at least 25 percent but less

than 50 percent of the school year; or

(4)
a quarter
[
one-tenth
] of the instructional days of the

school year, if the student is enrolled for at least 10 percent but

less than 25 percent of the school year.

(e) For purposes of the college, career, or military

readiness outcomes bonus under Section 48.110, notwithstanding

Subsection (f) of that section, an annual graduate of an adult

education program operated under a charter granted under this

subchapter demonstrates career readiness by earning an

industry-accepted certificate not later than six months after

completing the program.
The commissioner must make a bonus payment

under this section not later than the end of the six-week period

following the graduate's demonstration of career readiness, or a

shorter period if the commissioner determines that available data

accurately reflects the graduate's career readiness.

(f) In addition to funding provided under Subsection (a), an

eligible entity granted a charter under this subchapter is entitled

to receive for the adult education program an annual allotment,

provided in accordance with a schedule established by commissioner

rule, equal to the maximum basic allotment under Section 48.051(a)

or (b) multiplied by:

(1) for each credit earned by a student enrolled in the

adult education program during the preceding
six-week period, or a

shorter period determined to be reasonable by the commissioner

[
school year
]:

(A)
0.025
[
0.01
] for a course other than a career

and technology education course; and

(B)
0.05
[
0.02
] for a career and technology

education course; and

(2)
0.2
[
0.1
] for each student who successfully

completed the adult education program and earned a high school

diploma during the preceding
six-week period, or a shorter period

determined to be reasonable by the commissioner
[
school year
].

SECTION 7. Section 12.264(b), Education Code, is amended to

read as follows:

(b) From any gifts, grants, or donations appropriated or

otherwise available to the commissioner for the purpose, the

commissioner shall provide to an eligible entity granted a charter

under this subchapter funding for costs associated

with
establishing a new campus for
an adult education program

operated under
this subchapter
not later than the 45th day after

the date the charter is granted
or a charter holder notifies the

commissioner of a decision to replicate its adult education program

at a new campus
.
An entity is only eligible to receive funding under

this section for a new campus if that campus has a minimum

enrollment capacity of at least 200 students, except that an entity

is also eligible to receive a one-time allotment of funding under

this section if it establishes multiple campuses with an aggregate

enrollment capacity of at least 200 students.

SECTION 8. (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 18 years of age and under
60
[
50
] years

of age and is enrolled in an adult education program provided under

the adult high school charter school program under Subchapter G,

Chapter 12.

SECTION 9. Section 48.005(j), Education Code is amended to

read as follows:

(j) A district or charter school is eligible to earn full

average daily attendance under Subsection (a) if the district or

school provides at least 43,200 minutes of instructional time to

students enrolled in:

(1) a dropout recovery school or program operating

under Section 12.1141(c) or Section 39.0548;

(2) an alternative education program operating under

Section 37.008;

(3) a school program located at a day treatment

facility, residential treatment facility, psychiatric hospital, or

medical hospital;
or

(4) a school program offered at a correctional

facility [
; or

[
(5) a school operating under Subchapter G, Chapter 12
].

SECTION 10. This Act takes effect September 1, 2025.