By:  Barrientos, et al.                               S.B. No. 1561
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to students who drop out of public school.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 5.001, Education Code, is amended to read
 1-4     as follows:
 1-5           Sec. 5.001.  Definitions.  In this title:
 1-6                 (1)  "Agency" means the Texas Education Agency.
 1-7                 (2)  "Annual event dropout rate" means a rate computed
 1-8     as a percentage of dropouts over a one-year period measured against
 1-9     a cohort of students who entered the same grade level at the same
1-10     time as the dropouts.
1-11                 (3)  "Classroom teacher" means an educator who is
1-12     employed by a school district and who, not less than an average of
1-13     four hours each day, teaches in an academic instructional setting
1-14     or a career and technology instructional setting.  The term does
1-15     not include a teacher's aide or a full-time administrator.
1-16                 (4) [(3)]  "Commissioner" means the commissioner of
1-17     education.
1-18                 (5)  "Dropout" means a student enrolled in a public
1-19     school in this state:
1-20                       (A)  who withdraws from school without earning a
1-21     high school diploma or the necessary credits to graduate from high
1-22     school or who has not received a high school graduate equivalency
1-23     certificate; and
1-24                       (B)  whose enrollment in another public or
 2-1     private school  that grants high school diplomas or graduate
 2-2     equivalency certificates has not been verified and recorded by a
 2-3     school district in this state or by the agency.
 2-4                 (6) [(4)]  "Educationally disadvantaged" means eligible
 2-5     to participate in the national free or reduced-price lunch program
 2-6     established under 42 U.S.C. Section 1751 et seq.
 2-7                 (7) [(5)]  "Educator" means a person who is required to
 2-8     hold a certificate issued under Subchapter B, Chapter 21.
 2-9                 (8)  "Longitudinal dropout rate" means a rate computed
2-10     as a percentage of dropouts over a four-year period measured
2-11     against a cohort of students who entered the ninth grade at the
2-12     same time as the dropouts.
2-13                 (9) [(6)]  "Open-enrollment charter school" means a
2-14     school that has been granted a charter under Subchapter D, Chapter
2-15     12.
2-16                 (10) [(7)]  "Regional education service centers" means
2-17     a system of regional and educational services established in
2-18     Chapter 8.
2-19           SECTION 2.  Section 39.051, Education Code, is amended by
2-20     adding Subsection (g) to read as follows:
2-21           (g)  Beginning with the 2000-2001 school year, a campus or
2-22     district may not be rated acceptable unless its annual event
2-23     dropout rate is five percent or less.  The commissioner shall
2-24     report to the legislature in January, 2001, with a plan to
2-25     incrementally decrease the annual event dropout rate so that an
2-26     acceptable rating may be set by a school year stated in that plan
 3-1     which provides a campus and a district longitudinal dropout rate of
 3-2     five percent.
 3-3           SECTION 3.  Subsection (a), Section 39.182, Education Code,
 3-4     is amended to read as follows:
 3-5           (a)  The agency shall prepare and deliver to the governor,
 3-6     the lieutenant governor, the speaker of the house of
 3-7     representatives, each member of the legislature, the Legislative
 3-8     Budget Board, and the clerks of the standing committees of the
 3-9     senate and house of representatives with primary jurisdiction over
3-10     the public school system a comprehensive report covering the
3-11     preceding two school years and containing:
3-12                 (1)  an evaluation of the achievements of the state
3-13     educational program in relation to the statutory goals for the
3-14     public education system under Section 4.002;
3-15                 (2)  an evaluation of the status of education in the
3-16     state as reflected by the academic excellence indicators adopted
3-17     under Section 39.051;
3-18                 (3)  a summary compilation of overall student
3-19     performance on academic skills assessment instruments required by
3-20     Section 39.023, aggregated by grade level, subject area, campus,
3-21     and district, with appropriate interpretations and analysis and
3-22     disaggregated by race, ethnicity, sex, and socioeconomic status;
3-23                 (4)  an evaluation of the correlation between student
3-24     grades and student performance on academic skills assessment
3-25     instruments required by Section 39.023;
3-26                 (5)  a statement of the annual event dropout rate of
 4-1     students:
 4-2                       (A)  in grade levels 7 through 12, expressed in
 4-3     the aggregate; and
 4-4                       (B)  in grade levels 9 through 12, expressed in
 4-5     the aggregate and by grade level and disaggregated by sex and by
 4-6     the number of students who have also been retained at a grade
 4-7     level;
 4-8                 (6)  a statement of the projected cross-sectional and
 4-9     longitudinal dropout rates for grade levels 7 through 12 for the
4-10     next five years based on the most recent annual event dropout rate,
4-11     assuming no state action is taken to reduce the dropout rate;
4-12                 (7)  a description of a measurable systematic plan for
4-13     reducing the projected cross-sectional and longitudinal dropout
4-14     rates to five percent or less beginning with [for] the 2004-2005
4-15     [1997-1998] school year;
4-16                 (8)  a summary of the information required by Section
4-17     29.083 regarding grade level retention of students;
4-18                 (9)  a list of each school district or campus that does
4-19     not satisfy performance standards, with an explanation of the
4-20     actions taken by the commissioner to improve student performance in
4-21     the district or campus and an evaluation of the results of those
4-22     actions;
4-23                 (10)  an evaluation of the status of the curriculum
4-24     taught in public schools, with recommendations for legislative
4-25     changes necessary to improve or modify the curriculum required by
4-26     Section 28.002;
 5-1                 (11)  a description of all funds received by and each
 5-2     activity and expenditure of the agency;
 5-3                 (12)  a summary and analysis of the compliance of
 5-4     school districts with administrative cost ratios set by the
 5-5     commissioner under Section 42.201, including any improvements and
 5-6     cost savings achieved by school districts;
 5-7                 (13)  a summary of the effect of deregulation,
 5-8     including exemptions and waivers granted under Section 7.056 or
 5-9     39.112;
5-10                 (14)  a statement of the total number and length of
5-11     reports that school districts and school district employees must
5-12     submit to the agency, identifying which reports are required by
5-13     federal statute or rule, state statute, or agency rule, and a
5-14     summary of the agency's efforts to reduce overall reporting
5-15     requirements; and
5-16                 (15)  any additional information considered important
5-17     by the commissioner or the State Board of Education.
5-18           SECTION 4.  Section 42.152, Education Code, is amended by
5-19     adding Subsections (s) and (t) to read as follows:
5-20           (s)  From the total amount of funds appropriated for
5-21     allotments under this section, the commissioner shall, each fiscal
5-22     year, withhold $250,000 or a greater amount as determined in the
5-23     General Appropriations Act and out of that amount distribute:
5-24                 (1)  $10,000 or a greater amount as determined in the
5-25     General Appropriations Act to each of the 20 high school campuses
5-26     that achieved the greatest annual reduction in the longitudinal
 6-1     dropout rate for the preceding school year; and
 6-2                 (2)  $50,000 or a greater amount as determined by the
 6-3     General Appropriations Act among other districts selected by the
 6-4     commissioner according to guidelines adopted by the commissioner to
 6-5     be used for instructional materials or program replication based on
 6-6     programs used to lower the dropout rate in districts described
 6-7     under Subdivision (1).
 6-8           (t)  After deducting the amount withheld under Subsection (s)
 6-9     from the total amount appropriated for the allotment under
6-10     Subsection (a), the commissioner shall reduce each district's
6-11     allotments in the same manner described for a reduction in
6-12     allotments under Section 42.253.
6-13           SECTION 5.  Section 29.081, Education Code, is amended by
6-14     adding Subsections (j) and (k) to read as follows:
6-15           (j)  A school district shall make a good faith effort to
6-16     determine and document the educational status of each student who:
6-17                 (1)  does not resume attendance in the district at the
6-18     beginning of a school year after attending school in the district
6-19     during the preceding school year, unless the student graduated at
6-20     the end of the preceding school year; or
6-21                 (2)  is absent from school for 10 or more consecutive
6-22     school days, if the absences are unexcused.
6-23           (k)  A school district shall take and document all possible
6-24     steps to encourage or require appropriate students identified under
6-25     Subsection (j) to return to school.
6-26           SECTION 6.  This Act takes effect September 1, 1999.
 7-1           SECTION 7.  The importance of this legislation and the
 7-2     crowded condition of the calendars in both houses create an
 7-3     emergency and an imperative public necessity that the
 7-4     constitutional rule requiring bills to be read on three several
 7-5     days in each house be suspended, and this rule is hereby suspended.