1-1     By:  Barrientos, et al.                               S.B. No. 1561
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Education; April 26, 1999,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 6, Nays 1; April 26, 1999, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1561                    By:  West
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to students who drop out of public school.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 5.001, Education Code, is amended to read
1-12     as follows:
1-13           Sec. 5.001.  Definitions.  In this title:
1-14                 (1)  "Agency" means the Texas Education Agency.
1-15                 (2)  "Annual event dropout rate" means a rate computed
1-16     as a percentage of dropouts over a one-year period measured against
1-17     a cohort of students who entered the same grade level at the same
1-18     time as the dropouts.
1-19                 (3)  "Classroom teacher" means an educator who is
1-20     employed by a school district and who, not less than an average of
1-21     four hours each day, teaches in an academic instructional setting
1-22     or a career and technology instructional setting.  The term does
1-23     not include a teacher's aide or a full-time administrator.
1-24                 (4) [(3)]  "Commissioner" means the commissioner of
1-25     education.
1-26                 (5)  "Dropout" means a student enrolled in a public
1-27     school in this state:
1-28                       (A)  who withdraws from school without earning a
1-29     high school diploma or the necessary credits to graduate from high
1-30     school; and
1-31                       (B)  whose enrollment in another school in this
1-32     country that grants high school diplomas or graduate equivalency
1-33     certificates has not been verified and recorded by a school
1-34     district in this state or by the agency.
1-35                 (6) [(4)]  "Educationally disadvantaged" means eligible
1-36     to participate in the national free or reduced-price lunch program
1-37     established under 42 U.S.C. Section 1751 et seq.
1-38                 (7) [(5)]  "Educator" means a person who is required to
1-39     hold a certificate issued under Subchapter B, Chapter 21.
1-40                 (8)  "Longitudinal dropout rate" means a rate computed
1-41     as a percentage of dropout over a four-year period measured against
1-42     a cohort of students who entered the ninth grade at the same time
1-43     as the dropouts.
1-44                 (9) [(6)]  "Open-enrollment charter school" means a
1-45     school that has been granted a charter under Subchapter D, Chapter
1-46     12.
1-47                 (10) [(7)]  "Regional education service centers" means
1-48     a system of regional and educational services established in
1-49     Chapter 8.
1-50           SECTION 2.  Section 39.051, Education Code, is amended by
1-51     adding Subsection (g) to read as follows:
1-52           (g)  Beginning with the 2000-2001 school year, a campus or
1-53     district may not be rated acceptable unless its annual event
1-54     dropout rate is five percent or less.  The commissioner shall
1-55     report to the legislature in January, 2001, with a plan to
1-56     incrementally decrease the annual event dropout rate so that an
1-57     acceptable rating may be set by a school year stated in that plan
1-58     which provides a campus and a district longitudinal dropout rate of
1-59     five percent.
1-60           SECTION 3.  Subsection (a), Section 39.182, Education Code,
1-61     is amended to read as follows:
1-62           (a)  The agency shall prepare and deliver to the governor,
1-63     the lieutenant governor, the speaker of the house of
1-64     representatives, each member of the legislature, the Legislative
 2-1     Budget Board, and the clerks of the standing committees of the
 2-2     senate and house of representatives with primary jurisdiction over
 2-3     the public school system a comprehensive report covering the
 2-4     preceding two school years and containing:
 2-5                 (1)  an evaluation of the achievements of the state
 2-6     educational program in relation to the statutory goals for the
 2-7     public education system under Section 4.002;
 2-8                 (2)  an evaluation of the status of education in the
 2-9     state as reflected by the academic excellence indicators adopted
2-10     under Section 39.051;
2-11                 (3)  a summary compilation of overall student
2-12     performance on academic skills assessment instruments required by
2-13     Section 39.023, aggregated by grade level, subject area, campus,
2-14     and district, with appropriate interpretations and analysis and
2-15     disaggregated by race, ethnicity, sex, and socioeconomic status;
2-16                 (4)  an evaluation of the correlation between student
2-17     grades and student performance on academic skills assessment
2-18     instruments required by Section 39.023;
2-19                 (5)  a statement of the annual event dropout rate of
2-20     students:
2-21                       (A)  in grade levels 7 through 12, expressed in
2-22     the aggregate; and
2-23                       (B)  in grade levels 9 through 12, expressed in
2-24     the aggregate and by grade level and disaggregated by sex and by
2-25     the number of students who have also been retained at a grade
2-26     level;
2-27                 (6)  a statement of the projected cross-sectional and
2-28     longitudinal dropout rates for grade levels 7 through 12 for the
2-29     next five years based on the most recent annual event dropout rate,
2-30     assuming no state action is taken to reduce the dropout rate;
2-31                 (7)  a description of a measurable systematic plan for
2-32     reducing the projected cross-sectional and longitudinal dropout
2-33     rates to five percent or less beginning with [for] the 2004-2005
2-34     [1997-1998] school year;
2-35                 (8)  a summary of the information required by Section
2-36     29.083 regarding grade level retention of students;
2-37                 (9)  a list of each school district or campus that does
2-38     not satisfy performance standards, with an explanation of the
2-39     actions taken by the commissioner to improve student performance in
2-40     the district or campus and an evaluation of the results of those
2-41     actions;
2-42                 (10)  an evaluation of the status of the curriculum
2-43     taught in public schools, with recommendations for legislative
2-44     changes necessary to improve or modify the curriculum required by
2-45     Section 28.002;
2-46                 (11)  a description of all funds received by and each
2-47     activity and expenditure of the agency;
2-48                 (12)  a summary and analysis of the compliance of
2-49     school districts with administrative cost ratios set by the
2-50     commissioner under Section 42.201, including any improvements and
2-51     cost savings achieved by school districts;
2-52                 (13)  a summary of the effect of deregulation,
2-53     including exemptions and waivers granted under Section 7.056 or
2-54     39.112;
2-55                 (14)  a statement of the total number and length of
2-56     reports that school districts and school district employees must
2-57     submit to the agency, identifying which reports are required by
2-58     federal statute or rule, state statute, or agency rule, and a
2-59     summary of the agency's efforts to reduce overall reporting
2-60     requirements; and
2-61                 (15)  any additional information considered important
2-62     by the commissioner or the State Board of Education.
2-63           SECTION 4.  Section 42.152, Education Code, is amended by
2-64     adding Subsections (s) and (t) to read as follows:
2-65           (s)  From the total amount of funds appropriated for
2-66     allotments under this section, the commissioner shall, each fiscal
2-67     year, withhold $250,000 or a greater amount as determined in the
2-68     General Appropriations Act and out of that amount distribute:
2-69                 (1)  $10,000 or a greater amount as determined in the
 3-1     General Appropriations Act to each of the 20 high school campuses
 3-2     that achieved the greatest annual reduction in the longitudinal
 3-3     dropout rate for the preceding school year; and
 3-4                 (2)  $50,000 or a greater amount as determined by the
 3-5     General Appropriations Act among other districts selected by the
 3-6     commissioner according to guidelines adopted by the commissioner to
 3-7     be used for instructional materials or program replication based on
 3-8     programs used to lower the dropout rate in districts described
 3-9     under Subdivision (1).
3-10           (t)  After deducting the amount withheld under Subsection (s)
3-11     from the total amount appropriated for the allotment under
3-12     Subsection (a), the commissioner shall reduce each district's
3-13     allotments in the same manner described for a reduction in
3-14     allotments under Section 42.253.
3-15           SECTION 5.  Section 29.081, Education Code, is amended by
3-16     adding Subsections (j) and (k) to read as follows:
3-17           (j)  A school district shall determine and document the
3-18     educational status of each student who:
3-19                 (1)  does not resume attendance in the district at the
3-20     beginning of a school year after attending school in the district
3-21     during the preceding school year, unless the student graduated at
3-22     the end of the preceding school year; or
3-23                 (2)  is absent from school for 10 or more consecutive
3-24     school days, if the absences are unexcused.
3-25           (k)  A school district shall take and document all possible
3-26     steps to encourage or require appropriate students identified under
3-27     Subsection (j) to return to school.
3-28           SECTION 6.  This Act takes effect September 1, 1999.
3-29           SECTION 7.  The importance of this legislation and the
3-30     crowded condition of the calendars in both houses create an
3-31     emergency and an imperative public necessity that the
3-32     constitutional rule requiring bills to be read on three several
3-33     days in each house be suspended, and this rule is hereby suspended.
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