By King of Uvalde                                     H.B. No. 1277
         77R4149 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the inclusion of certain public school students in
 1-3     dropout rates.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 39.051(d), Education Code, as amended by
 1-6     Chapters 396 and 397, Acts of the 76th Legislature, Regular
 1-7     Session, 1999, is reenacted and amended to read as follows:
 1-8           (d)  Annually, the commissioner shall define exemplary,
 1-9     recognized, and unacceptable performance for each academic
1-10     excellence indicator included under Subsections (b)(1) through (6)
1-11     and shall project the standards for each of those levels of
1-12     performance for succeeding years.  For the indicator under
1-13     Subsection (b)(7), the commissioner shall define exemplary,
1-14     recognized, and unacceptable performance based on student
1-15     performance for the period covering both the current and preceding
1-16     academic years.  In defining exemplary, recognized, and
1-17     unacceptable performance for the indicators under Subsections
1-18     (b)(2) and (3), the commissioner may not consider as a dropout or
1-19     as a student who has failed to attend school a student whose
1-20     failure to attend school results from:
1-21                 (1)  the student's expulsion under Section 37.007;
1-22     [and]
1-23                 (2)  revocation of the student's enrollment under
1-24     Section 25.085(e); and
 2-1                 (3)  as applicable:
 2-2                       (A)  adjudication as having engaged in delinquent
 2-3     conduct or conduct indicating a need for supervision, as defined by
 2-4     Section 51.03, Family Code; or
 2-5                       (B)  conviction of and sentencing for an offense
 2-6     under the Penal Code.
 2-7           SECTION 2. This Act applies beginning with the 2001-2002
 2-8     school year.
 2-9           SECTION 3.  This Act takes effect immediately if it receives
2-10     a vote of two-thirds of all the members elected to each house, as
2-11     provided by Section 39, Article III, Texas Constitution.  If this
2-12     Act does not receive the vote necessary for immediate effect, this
2-13     Act takes effect September 1, 2001.