80R8806 JRJ-D
 
  By: Delisi H.B. No. 3645
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the analysis and use of public school campus and school
district data concerning student attrition rates.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 11.255(a), Education Code, is amended to
read as follows:
       (a)  Each district-level planning and decision-making
committee and each campus-level planning and decision-making
committee for a junior, middle, or high school campus shall analyze
information related to dropout prevention, including:
             (1)  the results of the audit of dropout records
required by Section 39.055;
             (2)  campus information related to:
                   (A)  graduation rates;
                   (B)  [,] dropout rates;
                   (C)  [,] high school equivalency certificate
rates;
                   (D)  attrition rates attributable to causes other
than students graduating, dropping out, or earning a high school
equivalency certificate;[,] and
                   (E)  the percentage of students who remain in high
school more than four years after entering grade level 9;
             (3)  the number of students who enter a high school
equivalency certificate program and:
                   (A)  do not complete the program;
                   (B)  complete the program but do not take the high
school equivalency examination; or
                   (C)  complete the program and take the high school
equivalency examination but do not obtain a high school equivalency
certificate;
             (4)  for students enrolled in grade levels 9 and 10,
information related to academic credit hours earned, retention
rates, and placements in alternative education programs and
expulsions under Chapter 37; and
             (5)  the results of an evaluation of each school-based
dropout prevention program in the district.
       SECTION 2.  Section 39.051(b), Education Code, is amended to
read as follows:
       (b)  Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, and socioeconomic status and must
include:
             (1)  the results of assessment instruments required
under Sections 39.023(a), (c), and (l), aggregated by grade level
and subject area;
             (2)  dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education;
             (3)  high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);
             (4)  student attendance rates;
             (5)  the percentage of graduating students who attain
scores on the secondary exit-level assessment instruments required
under Subchapter B that are equivalent to a passing score on the
assessment instrument required under Section 51.3062;
             (6)  the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
             (7)  the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
             (8)  the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessments administered under that section, the
percentage of students promoted through the grade placement
committee process under Section 28.0211, the subject of the
assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
             (9)  for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students grouped
by percentage on subsequent assessment instruments required under
those sections, aggregated by grade level and subject area;
             (10)  the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter;
             (11)  the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4);
             (12)  the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
             (13)  the measure of progress toward preparation for
postsecondary success; [and]
             (14)  the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052; and
             (15)  attrition rates attributable to causes other than
students graduating, dropping out, or earning a high school
equivalency certificate, for grade levels 9 through 12.
       SECTION 3.  Section 39.072, Education Code, is amended by
adding Subsection (e) to read as follows:
       (e)  The agency may not consider a school district's
attrition rates under Section 39.051(b)(15) in the rating of the
district under this section.
       SECTION 4.  Section 39.182(a), Education Code, is amended to
read as follows:
       (a)  Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing:
             (1)  an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
             (2)  an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
             (3)  a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
             (4)  a summary compilation of overall performance of
students placed in a disciplinary alternative education program
established under Section 37.008 on academic skills assessment
instruments required by Section 39.023 with the number of those
students exempted from the administration of those instruments and
the basis of the exemptions, aggregated by district, grade level,
and subject area, with appropriate interpretations and analysis,
and disaggregated by race, ethnicity, gender, and socioeconomic
status;
             (5)  a summary compilation of overall performance of
students at risk of dropping out of school, as defined by Section
29.081(d), on academic skills assessment instruments required by
Section 39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
             (6)  an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39.023;
             (7)  a statement of the dropout rate of students in
grade levels 7 through 12, expressed in the aggregate and by grade
level, and a statement of the completion rates and the attrition
rates under Section 39.051(b)(15) of students for grade levels 9
through 12;
             (8)  a statement of:
                   (A)  the completion rate of students who enter
grade level 9 and graduate not more than four years later;
                   (B)  the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
                   (C)  the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
                   (D)  the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
                   (E)  the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
             (9)  a statement of the projected cross-sectional and
longitudinal dropout rates for grade levels 9 through 12 for the
next five years, assuming no state action is taken to reduce the
dropout rate;
             (10)  a description of a systematic, measurable plan
for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
             (11)  a summary of the information required by Section
29.083 regarding grade level retention of students and information
concerning:
                   (A)  the number and percentage of students
retained; and
                   (B)  the performance of retained students on
assessment instruments required under Section 39.023(a);
             (12)  information, aggregated by district type and
disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
                   (A)  the number of students placed in a
disciplinary alternative education program established under
Section 37.008;
                   (B)  the average length of a student's placement
in a disciplinary alternative education program established under
Section 37.008;
                   (C)  the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary alternative education program; and
                   (D)  the dropout rates of students who have been
placed in a disciplinary alternative education program established
under Section 37.008;
             (13)  a list of each school district or campus that does
not satisfy performance standards, with an explanation of the
actions taken by the commissioner to improve student performance in
the district or campus and an evaluation of the results of those
actions;
             (14)  an evaluation of the status of the curriculum
taught in public schools, with recommendations for legislative
changes necessary to improve or modify the curriculum required by
Section 28.002;
             (15)  a description of all funds received by and each
activity and expenditure of the agency;
             (16)  a summary and analysis of the instructional
expenditures ratios and instructional employees ratios of school
districts computed under Section 44.0071;
             (17)  a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
             (18)  a statement of the total number and length of
reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
             (19)  a list of each school district that is not in
compliance with state special education requirements, including:
                   (A)  the period for which the district has not
been in compliance;
                   (B)  the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
                   (C)  an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
             (20)  a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts;
             (21)  a summary of the information required by Section
38.0141 regarding student health and physical activity from each
school district; and
             (22)  any additional information considered important
by the commissioner or the State Board of Education.
       SECTION 5.  This Act applies beginning with the 2007-2008
school year.
       SECTION 6.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.