83R10171 PAM-F
 
  By: Van de Putte S.B. No. 1127
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to evaluating the performance, including computing
  dropout and completion rates, of public schools, including schools
  designated as dropout recovery schools and residential facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.053, Education Code, is amended by
  amending Subsection (g-1) and adding Subsection (g-2) to read as
  follows:
         (g-1)  In computing dropout and completion rates under
  Subsection (c)(2), the commissioner may not consider as a dropout a
  student [shall exclude]:
               (1)  [students] who is [are] ordered by a court to
  attend a high school equivalency certificate program but who has
  [have] not yet earned a high school equivalency certificate;
               (2)  [students] who was [were] previously reported to
  the state as a dropout [dropouts];
               (3)  who is [students] in attendance but who is [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 an unschooled
  refugee [refugees] or asylee [asylees] as defined by Section
  39.027(a-1);
               (5)  [students] who is [are] in the district
  exclusively as a function of having been detained at a county
  detention facility but is [are] otherwise not a student [students]
  of the district in which the facility is located; and
               (6)  [students] who is [are] incarcerated in a state
  jail or [jails and] federal penitentiary [penitentiaries] as an
  adult or as a person [adults and as persons] certified to stand
  trial as an adult [adults].
         (g-2)  Notwithstanding Subsection (c)(2), in computing
  completion rates under that subdivision, the commissioner shall
  include any student described by Subsection (g-1) who graduates,
  continues attending school into the next academic year, or receives
  a high school equivalency certificate.
         SECTION 2.  Section 39.054, Education Code, is amended by
  adding Subsection (d-2) to read as follows:
         (d-2)  In evaluating performance of a dropout recovery
  school designated under Section 39.0545 or a campus or
  open-enrollment charter school that is a residential facility, the
  commissioner shall assign a performance rating in accordance with
  Subsection (a), provided that the commissioner shall adjust the
  criteria on which performance is evaluated under Subsection (b) to
  appropriately evaluate the student population served by the dropout
  recovery school or residential facility, as appropriate.
         SECTION 3.  Subchapter C, Chapter 39, Education Code, is
  amended by adding Section 39.0545 to read as follows:
         Sec. 39.0545.  EVALUATING DROPOUT RECOVERY SCHOOLS. (a)
  For purposes of evaluating performance under Section 39.053(c), the
  commissioner shall designate as a dropout recovery school a school
  district or an open-enrollment charter school or a campus of a
  district or of an open-enrollment charter school:
               (1)  that has an enrollment of which at least 50 percent
  of the students are 17 years of age or older as of the fall semester
  Public Education Information Management System (PEIMS) submission;
  and
               (2)  that is registered under alternative education
  accountability procedures adopted by the commissioner.
         (b)  Notwithstanding Section 39.053(c)(2), the commissioner
  shall adopt an alternative computation for the student achievement
  indicator under Section 39.053(c)(2) for a dropout recovery school.
  The computation of the completion rate shall be the ratio of the
  total number of students who graduate, continue attending school
  into the next academic year, or receive a high school equivalency
  certificate to the total number of students.
         (c)  For a dropout recovery school, only the best result from
  the primary administration and any retake of an assessment
  instrument administered to a student in the school year evaluated
  under the accountability procedures adopted by the commissioner may
  be considered in determining the performance rating of the school
  under Section 39.054.
         SECTION 4.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 5.  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, 2013.