85R19325 PAM-D     By: Parker, Shaheen, White, VanDeaver, Koop, H.B. No. 852       et al.     Substitute the following for H.B. No. 852:     By:  VanDeaver C.S.H.B. No. 852       A BILL TO BE ENTITLED   AN ACT   relating to an adult high school diploma and industry certification   charter school pilot program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.259, Education Code, is amended by   amending Subsections (c), (d), and (i) and adding Subsections (n),   (o), and (p) to read as follows:          (c)  The agency shall [adopt and] administer a state-adopted   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 state-adopted 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, the   commissioner [a charter under the pilot program] may, on the basis   of an application submitted, grant a charter under the pilot   program [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.          (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:                      (A)  successful completion of:                            (i)  if applicable to the program   participant, the curriculum requirements under Section 28.025; or                            (ii)  the appropriate curriculum   requirements applicable to the program participant; and                      (B)  satisfactory performance on the   state-adopted standardized secondary exit-level assessment   instrument described by Subsection (c).          (n)  An adult education program operated under a charter   granted under this section is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary as determined by the   commissioner to monitor compliance with this section and, as   applicable, Subchapter D, Chapter 12;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  high school graduation requirements under   Section 28.025, to the extent applicable to a program participant;                      (D)  special education programs under Subchapter   A, Chapter 29;                      (E)  bilingual education under Subchapter B,   Chapter 29;                      (F)  health and safety under Chapter 38;                      (G)  the requirement under Section 21.006 to   report an educator's misconduct; and                      (H)  the right of an employee to report a crime, as   provided by Section 37.148.          (o)  The commissioner shall develop and adopt performance   frameworks that establish standards by which to measure the   performance of an adult high school program operated under a   charter granted under this section in a manner consistent with the   requirements provided for an open-enrollment charter school under   Sections 12.1181(a) and (b). Each year, the commissioner shall   evaluate the performance of an adult high school program operated   under a charter granted under this section based on the applicable   performance frameworks adopted under this subsection. The   commissioner shall include in the performance frameworks adopted   under this subsection the following performance indicators:                (1)  the percentage of program participants who   performed satisfactorily on the state-adopted standardized   secondary exit-level assessment instrument described by Subsection   (c);                (2)  the percentage of program participants who   successfully completed the high school program and earned a high   school diploma;                (3)  the percentage of program participants who   successfully completed career and technology education courses and   obtained industry certification;                (4)  the percentage of program participants who have   enrolled in an institution of higher education or private or   independent institution of higher education, as those terms are   defined under Section 61.003; and                (5)  the percentage of program participants who earned   a wage, salary, or other income increase that was significant as   determined and reported by the Texas Workforce Commission.          (p)  The commissioner shall adopt rules as necessary to   implement and administer the reporting requirements under   Subsection (n)(2)(A) and the evaluation provisions of Subsection   (o).          SECTION 2.  Section 29.259(l), Education Code, is repealed.          SECTION 3.  This Act takes effect September 1, 2017.