By Garcia H.B. No. 1783
77R2690 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dropout and completion rates in public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 39.051(b), Education Code, as amended by
1-5 Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
1-6 Session, 1999, is reenacted and amended to read as follows:
1-7 (b) Performance on the indicators adopted under this section
1-8 shall be compared to state-established standards. The degree of
1-9 change from one school year to the next in performance on each
1-10 indicator adopted under this section shall also be considered. The
1-11 indicators must be based on information that is disaggregated with
1-12 respect to race, ethnicity, sex, and socioeconomic status and must
1-13 include:
1-14 (1) the results of assessment instruments required
1-15 under Sections 39.023(a), (c), and (l), aggregated by grade level
1-16 and subject area;
1-17 (2) dropout rates, including dropout rates and
1-18 district completion rates for grade levels 9 through 12;
1-19 (3) student attendance rates;
1-20 (4) the percentage of graduating students who attain
1-21 scores on the secondary exit-level assessment instruments required
1-22 under Subchapter B that are equivalent to a passing score on the
1-23 test instrument required under Section 51.306;
1-24 (5) the percentage of graduating students who meet the
2-1 course requirements established for the recommended high school
2-2 program by State Board of Education rule;
2-3 (6) the results of the Scholastic Assessment Test
2-4 (SAT), the American College Test, articulated postsecondary degree
2-5 programs described by Section 61.852, and certified workforce
2-6 training programs described by Chapter 311, Labor Code;
2-7 (7) the number of students, aggregated by grade level,
2-8 provided accelerated instruction under Section 28.0211(c), the
2-9 results of assessments administered under that section, the number
2-10 of students promoted through the grade placement committee process
2-11 under Section 28.0211, the subject of the assessment instrument on
2-12 which each student failed to perform satisfactorily, and the
2-13 performance of those students in the school year following that
2-14 promotion on the assessment instruments required under Section
2-15 39.023;
2-16 (8) for students who have failed to perform
2-17 satisfactorily on an assessment instrument required under Section
2-18 39.023(a) or (c), the numerical progress of those students on
2-19 subsequent assessment instruments required under those sections,
2-20 aggregated by grade level and subject area;
2-21 (9) the percentage of students exempted, by exemption
2-22 category, from the assessment program generally applicable under
2-23 this subchapter; and
2-24 (10) any other indicator the State Board of Education
2-25 adopts.
2-26 SECTION 2. Subchapter C, Chapter 39, Education Code, is
2-27 amended by adding Section 39.055 to read as follows:
3-1 Sec. 39.055. ANNUAL AUDIT OF DROPOUT RECORDS; REPORT. (a)
3-2 The board of trustees of each school district shall have the
3-3 district's dropout records audited annually at district expense by
3-4 a public accountant or certified public accountant who:
3-5 (1) is certified or registered, as appropriate, and
3-6 licensed under Chapter 901, Occupations Code;
3-7 (2) has successfully completed training provided by
3-8 the agency in auditing school dropout records; and
3-9 (3) is not an employee of the district.
3-10 (b) The audit of dropout records must be completed following
3-11 the end of each school year.
3-12 (c) The audit of dropout records must meet at least the
3-13 minimum requirements and be in the format prescribed by the
3-14 commissioner, subject to review and comment by the state auditor.
3-15 (d) A copy of the report of the audit of dropout records,
3-16 approved by the district's board of trustees, shall be filed by the
3-17 district with the agency not later than the 120th day after the end
3-18 of the school year for which the audit was made. If the board of
3-19 trustees declines or refuses to approve the report, the board shall
3-20 file with the agency a copy of the report with the board's
3-21 statement giving detailed reasons for not approving the report.
3-22 (e) The agency shall review reports of audits of dropout
3-23 records. The commissioner shall notify the board of trustees of a
3-24 school district of any objections the commissioner has to the
3-25 report, violations of sound accounting practices or law and rule
3-26 requirements revealed by the report, or commissioner
3-27 recommendations concerning the report. If the report reflects that
4-1 penal laws have been violated, the commissioner shall notify the
4-2 county attorney, district attorney, or criminal district attorney,
4-3 as appropriate, and the attorney general. The commissioner is
4-4 entitled to access to all district records the commissioner
4-5 considers necessary and appropriate for the review, analysis, and
4-6 approval of the reports.
4-7 SECTION 3. Section 39.182(a), Education Code, is amended to
4-8 read as follows:
4-9 (a) The agency shall prepare and deliver to the governor,
4-10 the lieutenant governor, the speaker of the house of
4-11 representatives, each member of the legislature, the Legislative
4-12 Budget Board, and the clerks of the standing committees of the
4-13 senate and house of representatives with primary jurisdiction over
4-14 the public school system a comprehensive report covering the
4-15 preceding two school years and containing:
4-16 (1) an evaluation of the achievements of the state
4-17 educational program in relation to the statutory goals for the
4-18 public education system under Section 4.002;
4-19 (2) an evaluation of the status of education in the
4-20 state as reflected by the academic excellence indicators adopted
4-21 under Section 39.051;
4-22 (3) a summary compilation of overall student
4-23 performance on academic skills assessment instruments required by
4-24 Section 39.023, aggregated by grade level, subject area, campus,
4-25 and district, with appropriate interpretations and analysis and
4-26 disaggregated by race, ethnicity, sex, and socioeconomic status;
4-27 (4) an evaluation of the correlation between student
5-1 grades and student performance on academic skills assessment
5-2 instruments required by Section 39.023;
5-3 (5) a statement of the dropout rate of students in
5-4 grade levels 7 through 12, expressed in the aggregate and by grade
5-5 level, and a statement of the completion rates of students for
5-6 grade levels 9 through 12;
5-7 (6) [a statement of the projected cross-sectional and
5-8 longitudinal dropout rates for grade levels 7 through 12 for the
5-9 next five years, assuming no state action is taken to reduce the
5-10 dropout rate;]
5-11 [(7) a description of a systematic plan for reducing
5-12 the projected cross-sectional and longitudinal dropout rates to
5-13 five percent or less for the 1997-1998 school year;]
5-14 [(8)] a summary of the information required by Section
5-15 29.083 regarding grade level retention of students;
5-16 (7) [(9)] a list of each school district or campus
5-17 that does not satisfy performance standards, with an explanation of
5-18 the actions taken by the commissioner to improve student
5-19 performance in the district or campus and an evaluation of the
5-20 results of those actions;
5-21 (8) [(10)] an evaluation of the status of the
5-22 curriculum taught in public schools, with recommendations for
5-23 legislative changes necessary to improve or modify the curriculum
5-24 required by Section 28.002;
5-25 (9) [(11)] a description of all funds received by and
5-26 each activity and expenditure of the agency;
5-27 (10) [(12)] a summary and analysis of the compliance
6-1 of school districts with administrative cost ratios set by the
6-2 commissioner under Section 42.201, including any improvements and
6-3 cost savings achieved by school districts;
6-4 (11) [(13)] a summary of the effect of deregulation,
6-5 including exemptions and waivers granted under Section 7.056 or
6-6 39.112;
6-7 (12) [(14)] a statement of the total number and length
6-8 of reports that school districts and school district employees must
6-9 submit to the agency, identifying which reports are required by
6-10 federal statute or rule, state statute, or agency rule, and a
6-11 summary of the agency's efforts to reduce overall reporting
6-12 requirements;
6-13 (13) [(15)] a list of each school district that is not
6-14 in compliance with state special education requirements, including:
6-15 (A) the period for which the district has not
6-16 been in compliance;
6-17 (B) the manner in which the agency considered
6-18 the district's failure to comply in determining the district's
6-19 accreditation status; and
6-20 (C) an explanation of the actions taken by the
6-21 commissioner to ensure compliance and an evaluation of the results
6-22 of those actions; and
6-23 (14) [(16)] any additional information considered
6-24 important by the commissioner or the State Board of Education.
6-25 SECTION 4. Section 39.185, Education Code, is amended to read
6-26 as follows:
6-27 Sec. 39.185. INTERIM REPORT. Not later than December 1 of
7-1 each odd-numbered year, the agency shall prepare and deliver to the
7-2 governor, the lieutenant governor, the speaker of the house of
7-3 representatives, each member of the legislature, the Legislative
7-4 Budget Board, and the clerks of the standing committees of the
7-5 senate and house of representatives with primary jurisdiction over
7-6 the public school system an interim report containing, for the
7-7 previous school year, the information required by:
7-8 (1) Sections 39.182(a)(2), (3), (5), [(6),] (7), (9),
7-9 and (11)[, and (13)]; and
7-10 (2) Section 39.183(2).
7-11 SECTION 5. Each school district shall have its dropout
7-12 records audited as required by Section 39.055, Education Code, as
7-13 added by this Act, beginning with dropout records for the 2001-2002
7-14 school year.
7-15 SECTION 6. Not later than February 1, 2002, the Texas
7-16 Education Agency shall:
7-17 (1) develop a training program for public accountants
7-18 and certified public accountants in auditing public school dropout
7-19 records under Section 39.055, Education Code, as added by this Act;
7-20 and
7-21 (2) make the training program readily available to
7-22 public accountants and certified public accountants throughout this
7-23 state.
7-24 SECTION 7. This Act takes effect September 1, 2001.