By: Bivins S.B. No. 646
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. Subsection (b), Section 39.051, Education Code,
1-5 as amended by Chapters 396, 397, and 1422, Acts of the 76th
1-6 Legislature, Regular Session, 1999, is reenacted and amended to
1-7 read as follows:
1-8 (b) Performance on the indicators adopted under this section
1-9 shall be compared to state-established standards. The degree of
1-10 change from one school year to the next in performance on each
1-11 indicator adopted under this section shall also be considered. The
1-12 indicators must be based on information that is disaggregated with
1-13 respect to race, ethnicity, sex, and socioeconomic status and must
1-14 include:
1-15 (1) the results of assessment instruments required
1-16 under Sections 39.023(a), (c), and (l), aggregated by grade level
1-17 and subject area;
1-18 (2) dropout rates, including dropout rates and
1-19 district completion rates for grade levels 9 through 12;
1-20 (3) student attendance rates;
1-21 (4) the percentage of graduating students who attain
1-22 scores on the secondary exit-level assessment instruments required
1-23 under Subchapter B that are equivalent to a passing score on the
1-24 test instrument required under Section 51.306;
1-25 (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
3-1 amended by adding Section 39.055 to read as follows:
3-2 Sec. 39.055. ANNUAL AUDIT OF DROPOUT RECORDS; REPORT.
3-3 (a) The board of trustees of each school district shall have the
3-4 district's dropout records audited annually at district expense by
3-5 a public accountant or certified public accountant who:
3-6 (1) is certified or registered, as appropriate, and
3-7 licensed under Chapter 901, Occupations Code;
3-8 (2) has successfully completed training provided by
3-9 the agency in auditing school dropout records; and
3-10 (3) is not an employee of the district.
3-11 (b) The audit of dropout records must be completed following
3-12 the end of each school year.
3-13 (c) The audit of dropout records must meet at least the
3-14 minimum requirements and be in the format prescribed by the
3-15 commissioner, subject to review and comment by the state auditor.
3-16 (d) A copy of the report of the audit of dropout records,
3-17 approved by the district's board of trustees, shall be filed by the
3-18 district with the agency not later than the 90th day after the last
3-19 day permissible for resubmission of information required under
3-20 Section 42.006. If the board of trustees declines or refuses to
3-21 approve the report, the board shall file with the agency a copy of
3-22 the report with the board's statement giving detailed reasons for
3-23 not approving the report.
3-24 (e) The agency shall review reports of audits of dropout
3-25 records. The commissioner shall notify the board of trustees of a
3-26 school district of any objections the commissioner has to the
4-1 report, violations of sound accounting practices or law and rule
4-2 requirements revealed by the report, or commissioner
4-3 recommendations concerning the report. If the report reflects that
4-4 penal laws have been violated, the commissioner shall notify the
4-5 county attorney, district attorney, or criminal district attorney,
4-6 as appropriate, and the attorney general. The commissioner is
4-7 entitled to access to all district records the commissioner
4-8 considers necessary and appropriate for the review, analysis, and
4-9 approval of the reports.
4-10 SECTION 3. Subsection (a), Section 39.182, Education Code,
4-11 is amended to read as follows:
4-12 (a) The agency shall prepare and deliver to the governor,
4-13 the lieutenant governor, the speaker of the house of
4-14 representatives, each member of the legislature, the Legislative
4-15 Budget Board, and the clerks of the standing committees of the
4-16 senate and house of representatives with primary jurisdiction over
4-17 the public school system a comprehensive report covering the
4-18 preceding two school years and containing:
4-19 (1) an evaluation of the achievements of the state
4-20 educational program in relation to the statutory goals for the
4-21 public education system under Section 4.002;
4-22 (2) an evaluation of the status of education in the
4-23 state as reflected by the academic excellence indicators adopted
4-24 under Section 39.051;
4-25 (3) a summary compilation of overall student
4-26 performance on academic skills assessment instruments required by
5-1 Section 39.023, aggregated by grade level, subject area, campus,
5-2 and district, with appropriate interpretations and analysis and
5-3 disaggregated by race, ethnicity, sex, and socioeconomic status;
5-4 (4) an evaluation of the correlation between student
5-5 grades and student performance on academic skills assessment
5-6 instruments required by Section 39.023;
5-7 (5) a statement of the dropout rate of students in
5-8 grade levels 7 through 12, expressed in the aggregate and by grade
5-9 level, and a statement of the completion rates of students for
5-10 grade levels 9 through 12;
5-11 (6) a statement of the projected cross-sectional and
5-12 longitudinal dropout rates for grade levels 7 through 12 for the
5-13 next five years, assuming no state action is taken to reduce the
5-14 dropout rate;
5-15 (7) a description of a systematic plan for reducing
5-16 the projected cross-sectional and longitudinal dropout rates to
5-17 five percent or less for the 1997-1998 school year;
5-18 (8) a summary of the information required by Section
5-19 29.083 regarding grade level retention of students;
5-20 (9) a list of each school district or campus that does
5-21 not satisfy performance standards, with an explanation of the
5-22 actions taken by the commissioner to improve student performance in
5-23 the district or campus and an evaluation of the results of those
5-24 actions;
5-25 (10) an evaluation of the status of the curriculum
5-26 taught in public schools, with recommendations for legislative
6-1 changes necessary to improve or modify the curriculum required by
6-2 Section 28.002;
6-3 (11) a description of all funds received by and each
6-4 activity and expenditure of the agency;
6-5 (12) a summary and analysis of the compliance of
6-6 school districts with administrative cost ratios set by the
6-7 commissioner under Section 42.201, including any improvements and
6-8 cost savings achieved by school districts;
6-9 (13) a summary of the effect of deregulation,
6-10 including exemptions and waivers granted under Section 7.056 or
6-11 39.112;
6-12 (14) a statement of the total number and length of
6-13 reports that school districts and school district employees must
6-14 submit to the agency, identifying which reports are required by
6-15 federal statute or rule, state statute, or agency rule, and a
6-16 summary of the agency's efforts to reduce overall reporting
6-17 requirements;
6-18 (15) a list of each school district that is not in
6-19 compliance with state special education requirements, including:
6-20 (A) the period for which the district has not
6-21 been in compliance;
6-22 (B) the manner in which the agency considered
6-23 the district's failure to comply in determining the district's
6-24 accreditation status; and
6-25 (C) an explanation of the actions taken by the
6-26 commissioner to ensure compliance and an evaluation of the results
7-1 of those actions; and
7-2 (16) any additional information considered important
7-3 by the commissioner or the State Board of Education.
7-4 SECTION 4. Each school district shall have its dropout
7-5 records audited as required by Section 39.055, Education Code, as
7-6 added by this Act, beginning with dropout records for the 2001-2002
7-7 school year.
7-8 SECTION 5. Not later than February 1, 2002, the Texas
7-9 Education Agency shall:
7-10 (1) develop a training program for public accountants
7-11 and certified public accountants in auditing public school dropout
7-12 records under Section 39.055, Education Code, as added by this Act;
7-13 and
7-14 (2) make the training program readily available to
7-15 public accountants and certified public accountants throughout this
7-16 state.
7-17 SECTION 6. This Act takes effect September 1, 2001.