Amend CSHB 5 (house committee printing) as follows:
(1)  On page 34, line 12, strike "Section 39.053(c), Education Code, is" and substitute "Sections 39.053(c) and (g-1), Education Code, are".
(2)  On page 35, between lines 23 and 24, insert the following:
(g-1)  In computing dropout and completion rates under Subsection (c)(2), the commissioner shall exclude:
(1)  students who are ordered by a court to attend a high school equivalency certificate program but who have not yet earned a high school equivalency certificate;
(2)  students who were previously reported to the state as dropouts, including a student who is reported as a dropout, reenrolls, and drops out again, regardless of the number of times of reenrollment and dropping out;
(3)  students in attendance who are not in membership for purposes of average daily attendance;
(4)  students whose initial enrollment in a school in the United States in grades 7 through 12 was as unschooled refugees or asylees as defined by Section 39.027(a-1);
(5)  students who are in the district exclusively as a function of having been detained at a county detention facility but are otherwise not students of the district in which the facility is located; and
(6)  students who are incarcerated in state jails and federal penitentiaries as adults and as persons certified to stand trial as adults.
(3)  On page 37, between lines 16 and 17, add the following appropriately numbered SECTION to the bill:
SECTION ____.  (a) Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0541 to read as follows:
Sec. 39.0541.  STANDARDS FOR EVALUATING COMPLETION AND DROPOUT RATES. For purposes of evaluating a school district or campus or an open-enrollment charter school for adequate yearly progress under the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.) and, notwithstanding Section 39.053(c)(2), for accountability under this chapter and for performance under an agency performance-based monitoring analysis system:
(1)  a student who graduates from a school district campus or open-enrollment charter school is considered a high school graduate of the campus or school regardless of whether the student graduates with the student's ninth grade cohort; and
(2)  consistent with Section 39.053(g-1)(2), a student who was previously reported to the state as a dropout, including a student who is reported as a dropout, reenrolls, and drops out again, regardless of the number of times of reenrollment and dropping out, shall be excluded in computing completion and dropout rates.
(b)  This section applies beginning with the 2013-2014 school year.
(4)  Renumber SECTIONS of the bill appropriately.