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.