81R504 CAE-D
 
  By: Chisum H.B. No. 131
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the treatment of students receiving a high school
  equivalency certificate in calculating dropout rates in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.051(d), Education Code,  is amended
  to read as follows:
         (d)  Annually, the commissioner shall define exemplary,
  recognized, and unacceptable performance for each academic
  excellence indicator included under Subsections (b)(1) through (7)
  and shall project the standards for each of those levels of
  performance for succeeding years.  For the indicator under
  Subsection (b)(8), the commissioner shall define exemplary,
  recognized, and unacceptable performance based on student
  performance for the period covering both the current and preceding
  academic years.  In defining exemplary, recognized, and
  unacceptable performance for the indicators under Subsections
  (b)(2) and (4), the commissioner may not consider as a dropout or as
  a student who has failed to attend school a student:
               (1)  who has obtained a high school equivalency
  certificate (GED); or
               (2)  whose failure to attend school results from:
                     (A) [(1)]  the student's expulsion under Section
  37.007; and
                     (B) [(2)]  as applicable:
                           (i) [(A)]  adjudication as having engaged in
  delinquent conduct or conduct indicating a need for supervision, as
  defined by Section 51.03, Family Code; or
                           (ii) [(B)]  conviction of and sentencing for
  an offense under the Penal Code.
         SECTION 2.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 3.  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, 2009.