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  80R10827 KKA-F
 
  By: Noriega H.B. No. 3621
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to dropout rates in public schools.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 39.051(d) and (e), Education Code, are
amended to read as follows:
       (d)  Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (7)
and shall project the standards for each of those levels of
performance for succeeding years. For the indicator under
Subsection (b)(8), the commissioner shall define exemplary,
recognized, and unacceptable performance based on student
performance for the period covering both the current and preceding
academic years. In defining exemplary, recognized, and
unacceptable performance for the indicators under Subsections
(b)(2) and (4), the commissioner:
             (1)  shall define a student who has obtained a high
school equivalency certificate or who is attending a course of
instruction to prepare for the high school equivalency examination
as a dropout; and
             (2)  may not consider as a dropout or as a student who
has failed to attend school a student whose failure to attend school
results from[:
             [(1)the student's expulsion under Section 37.007; and
             [(2)as applicable:
                   [(A)  adjudication as having engaged in
delinquent conduct or conduct indicating a need for supervision, as
defined by Section 51.03, Family Code; or
                   [(B)]  conviction of and sentencing for an offense
under the Penal Code.
       (e)  Each school district shall cooperate with the agency in
determining whether a student is considered a dropout under this
section. The agency shall require that a school district provide at
least the following documentation regarding a student who dies or
who leaves school but is not considered a dropout under this
section:
             (1)  for a student who dies, a death certificate;
             (2)  for a student who transfers to another school in
this country:
                   (A)  a statement signed by the student's parent or
guardian confirming that the student has enrolled or will enroll
promptly in another school; and
                   (B)  a transcript or other written evidence of
enrollment from the other school in which the student enrolled;
             (3)  for a student who leaves school to reside in
another country, a statement signed by the student's parent or
guardian confirming that the student will reside in the other
country; and
             (4)  for a student who leaves school to attend a home
school, a statement signed by the student's parent or guardian
confirming that the student is being educated at home in accordance
with applicable law.
       SECTION 2.  Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0511 to read as follows:
       Sec. 39.0511.  FOUR-YEAR ADJUSTED COHORT HIGH SCHOOL
GRADUATION RATE FORMULA. (a) In this section, "high school
diploma" does not include a high school equivalency certificate
(GED) or a certificate of coursework completion issued under
Section 28.025.
       (b)  For purposes of Section 39.051, the high school
graduation rate is computed by applying the four-year adjusted
cohort formula as follows:
Graduation rate = G/(A + B - C)
where:
       "G" is the number of students in a school year who graduate
with a high school diploma not later than the conclusion of the
fourth year of enrollment in high school, including any enrollment
period available to senior students during the summer following the
fourth regular school year;
       "A" is the number of students who entered the ninth grade at
the beginning of the first year of the four-year enrollment period
described in "G";
       "B" is the number of students who subsequently enroll at the
same grade level as the students described by "A"; and
       "C" is the number of students in the group of students
described by "A" and "B" who die or transfer to another school,
school district, or educational program that grants a high school
diploma, provided that each student's death or actual enrollment in
the subsequent school, school district, or educational program is
documented in accordance with Section 39.051(e).
       SECTION 3.  Section 39.053(a), Education Code, is amended to
read as follows:
       (a)  Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus in the district that includes uniform student performance
and descriptive information as determined under rules adopted by
the commissioner. The annual report must also include:
             (1)  campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
             (2)  the performance rating for the district as
provided under Section 39.072(a) and the performance rating of each
campus in the district as provided under Section 39.072(c);
             (3)  the district's current special education
compliance status with the agency;
             (4)  a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
             (5)  information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students; [and]
             (6)  the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
amendments; [and]
             (7)  information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner; and
             (8)  dropout rates for each high school in the
district.
       SECTION 4.  Section 39.055, Education Code, is amended by
adding Subsection (b) to read as follows:
       (b)  The electronic audit system required by Subsection (a)
must have the capacity to identify irregularities in a district's
dropout records, including irregularities based on an excessive
number of students identified by the district as leaving school for
a specified reason. Notwithstanding any other provision of this
section, the agency shall conduct on-site monitoring of a school
district's dropout records if the electronic auditing system
identifies an irregularity under this subsection.
       SECTION 5.  This Act applies beginning with the 2007-2008
school year.
       SECTION 6.  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, 2007.