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.