| 1 | 1 | | 81R504 CAE-D |
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| 2 | 2 | | By: Chisum H.B. No. 131 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the treatment of students receiving a high school |
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| 8 | 8 | | equivalency certificate in calculating dropout rates in public |
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| 9 | 9 | | schools. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 39.051(d), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (d) Annually, the commissioner shall define exemplary, |
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| 14 | 14 | | recognized, and unacceptable performance for each academic |
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| 15 | 15 | | excellence indicator included under Subsections (b)(1) through (7) |
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| 16 | 16 | | and shall project the standards for each of those levels of |
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| 17 | 17 | | performance for succeeding years. For the indicator under |
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| 18 | 18 | | Subsection (b)(8), the commissioner shall define exemplary, |
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| 19 | 19 | | recognized, and unacceptable performance based on student |
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| 20 | 20 | | performance for the period covering both the current and preceding |
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| 21 | 21 | | academic years. In defining exemplary, recognized, and |
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| 22 | 22 | | unacceptable performance for the indicators under Subsections |
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| 23 | 23 | | (b)(2) and (4), the commissioner may not consider as a dropout or as |
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| 24 | 24 | | a student who has failed to attend school a student: |
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| 25 | 25 | | (1) who has obtained a high school equivalency |
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| 26 | 26 | | certificate (GED); or |
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| 27 | 27 | | (2) whose failure to attend school results from: |
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| 28 | 28 | | (A) [(1)] the student's expulsion under Section |
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| 29 | 29 | | 37.007; and |
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| 30 | 30 | | (B) [(2)] as applicable: |
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| 31 | 31 | | (i) [(A)] adjudication as having engaged in |
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| 32 | 32 | | delinquent conduct or conduct indicating a need for supervision, as |
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| 33 | 33 | | defined by Section 51.03, Family Code; or |
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| 34 | 34 | | (ii) [(B)] conviction of and sentencing for |
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| 35 | 35 | | an offense under the Penal Code. |
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| 36 | 36 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 37 | 37 | | school year. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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