HBA-MPM H.B. 457 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 457
By: Clark
Public Education
67/11/2001
Enrolled



BACKGROUND AND PURPOSE 

A juvenile held in a juvenile pre-adjudication secure detention facility or
a juvenile post-adjudication secure correctional facility (facility) or who
is receiving treatment at a residential treatment center (center) is
considered for enrollment purposes a resident of the school district in
which the facility is located.  A school district is required to serve a
facility or center that is located within that district.  Student data from
the facility or center must be used for the purpose of determining an
accountability rating.  However, a juvenile held at a facility or center
often lives in a school district that does not serve the facility or
center.  Prior to the 77th Legislature, if a juvenile was released from the
facility or center and did not enroll in school, the school district that
serves the facility or center was charged with a dropout for the purpose of
determining an accountability rating.  This might have unfairly prevented a
school from achieving a recognized or exemplary rating because it was held
accountable for students who did not live in the district.  House Bill 457
specifies that a student who is released from a facility or center and who
fails to enroll in school will not be considered a dropout of the school
district serving the facility or center unless the district is the one to
which the student is regularly assigned. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 457 amends the Education Code to provide that in computing
dropout rates as an indicator of academic excellence, a student released
from a juvenile pre-adjudication secure detention facility or juvenile
post-adjudication secure correctional facility (facility) or a student who
leaves a residential treatment center (center) after receiving treatment
for fewer than 85 days who fails to enroll in school may not be considered
to have dropped out of the campus or school district serving the facility
or center unless the campus or school district is the one to which the
student is regularly assigned. 

EFFECTIVE DATE

September 1, 2001.