77R12818 CAS-F                           
         By Garcia, Olivo, Pickett                             H.B. No. 1291
         Substitute the following for H.B. No. 1291:
         By Olivo                                          C.S.H.B. No. 1291
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to information in public school campus report cards
 1-3     concerning students who do not graduate from high school in four
 1-4     years.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 5.001, Education Code, is amended to read
 1-7     as follows:
 1-8           Sec. 5.001.  DEFINITIONS. In this title:
 1-9                 (1)  "Agency" means the Texas Education Agency.
1-10                 (2)  "Classroom teacher" means an educator who is
1-11     employed by a school district and who, not less than an average of
1-12     four hours each day, teaches in an academic instructional setting
1-13     or a career and technology instructional setting.  The term does
1-14     not include a teacher's aide or a full-time administrator.
1-15                 (3)  "Commissioner" means the commissioner of
1-16     education.
1-17                 (4)  "Dropout" means a student enrolled in a public
1-18     school in this state:
1-19                       (A)  who withdraws from school without earning a
1-20     high school diploma; and
1-21                       (B)  whose enrollment in another public school or
1-22     a private school in this country that grants high school diplomas
1-23     has not been verified and recorded by a school district in this
1-24     state or by the agency.
 2-1                 (5)  "Educationally disadvantaged" means eligible to
 2-2     participate in the national free or reduced-price lunch program
 2-3     established under 42 U.S.C. Section 1751 et seq.
 2-4                 (6) [(5)]  "Educator" means a person who is required to
 2-5     hold a certificate issued under Subchapter B, Chapter 21.
 2-6                 (7)  "High school graduate"  means a person who has
 2-7     been awarded a high school diploma.
 2-8                 (8) [(6)]  "Open-enrollment charter school" means a
 2-9     school that has been granted a charter under Subchapter D, Chapter
2-10     12.
2-11                 (9) [(7)]  "Regional education service centers" means a
2-12     system of regional and educational services established in Chapter
2-13     8.
2-14                 (10) [(8)]  "Residential facility" means:
2-15                       (A)  a facility operated by a state agency or
2-16     political subdivision, including a child placement agency, that
2-17     provides 24-hour custody or care of a person 22 years of age or
2-18     younger, if the person resides in the facility for detention,
2-19     treatment, foster care, or any noneducational purpose; and
2-20                       (B)  any person or entity that contracts with or
2-21     is funded, licensed, certified, or regulated by a state agency or
2-22     political subdivision to provide custody or care for a person under
2-23     Paragraph (A).
2-24           SECTION 2. Section 39.052(c), Education Code, is amended to
2-25     read as follows:
2-26           (c)  The commissioner shall adopt rules for requiring
2-27     dissemination of appropriate class size and student performance
 3-1     portions of campus report cards annually to the parent[, guardian,
 3-2     conservator,] or other person having lawful control of each student
 3-3     at the campus.  In the case of a report card relating to a high
 3-4     school campus, the portions of campus report cards disseminated to
 3-5     the parent or other person having lawful control of a student must
 3-6     include information displayed conspicuously and printed in
 3-7     boldfaced type concerning the number and percentage of students who
 3-8     did not complete the 12th grade during the fourth school year after
 3-9     the school year in which the student entered the 9th grade.  The
3-10     parent or other person having lawful control of a former campus
3-11     student who has dropped out of school shall also be provided the
3-12     information required by this subsection as soon as practicable
3-13     after the student drops out of school.  On written request, the
3-14     school district shall provide a copy of a campus report card to any
3-15     other party.
3-16           SECTION 3.  Section 39.073, Education Code, is amended by
3-17     adding Subsection (f) to read as follows:
3-18           (f)  Beginning with the 2004-2005 school year, in addition to
3-19     other criteria that must be met, a high school campus may not be
3-20     rated as acceptable or higher unless the longitudinal dropout rate
3-21     of the campus for each category specified by this subsection is
3-22     five percent or less, and a school district may not be rated as
3-23     academically acceptable or higher unless the longitudinal dropout
3-24     rate of the district for each category specified by this subsection
3-25     is five percent or less.  For purposes of this section, information
3-26     concerning dropout rates shall be disaggregated by race, ethnicity,
3-27     sex, socioeconomic status, and status as a student of limited
 4-1     English proficiency as defined by Section 29.052.  In this section,
 4-2     "longitudinal dropout rate" means a rate computed as a percentage
 4-3     of:
 4-4                 (1)  campus dropouts over a four-year period measured
 4-5     against a cohort of campus students who entered the ninth grade at
 4-6     the same time as the dropouts, if determining the longitudinal
 4-7     dropout rate of a high school campus; and
 4-8                 (2)  school district dropouts over a four-year period
 4-9     measured against a cohort of district students who entered the
4-10     ninth grade at the same time as the dropouts, if determining the
4-11     longitudinal dropout rate of a district.
4-12           SECTION 4. Not later than January 1, 2002, the commissioner
4-13     of education shall adopt rules in accordance with Section
4-14     39.052(c), Education Code, as amended by this Act.  Those rules
4-15     apply to public school campus report cards for the 2002-2003 school
4-16     year and thereafter.
4-17           SECTION 5.  This Act takes effect immediately if it receives
4-18     a vote of two-thirds of all the members elected to each house, as
4-19     provided by Section 39, Article III, Texas Constitution.  If this
4-20     Act does not receive the vote necessary for immediate effect, this
4-21     Act takes effect September 1, 2001.