By Zbranek                                             H.B. No. 538
         76R2984 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain academic excellence indicators used in
 1-3     evaluating public schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 39.051(d), Education Code, is amended to
 1-6     read as follows:
 1-7           (d)  Annually, the commissioner shall define exemplary,
 1-8     recognized, and unacceptable performance for each academic
 1-9     excellence indicator included under Subsections (b)(1) through (6)
1-10     and shall project the standards for each of those levels of
1-11     performance for succeeding years.  In defining exemplary,
1-12     recognized, and unacceptable performance for the indicators under
1-13     Subsections (b)(2) and (3), the commissioner may not consider as a
1-14     dropout or as a student who has failed to attend school a student
1-15     whose failure to attend school results from:
1-16                 (1)  the student's expulsion under Section 37.007; and
1-17                 (2)  as applicable:
1-18                       (A)  adjudication as having engaged in delinquent
1-19     conduct or conduct indicating a need for supervision, as defined by
1-20     Section 51.03, Family Code; or
1-21                       (B)  conviction of and sentence for an offense.
1-22           SECTION 2.  Section 39.051(d), Education Code, as amended by
1-23     this Act, applies to the definitions of exemplary, recognized, and
1-24     unacceptable performance under the academic excellence indicator
 2-1     system beginning with the definitions used in evaluating
 2-2     performance for the 1999-2000 school year.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended,
 2-8     and that this Act take effect and be in force from and after its
 2-9     passage, and it is so enacted.