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.