81R3701 CAS-D
By: Villarreal H.B. No. 1263
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain public school students of
limited English proficiency from certain state-administered
assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.027(a), Education Code, is amended to
read as follows:
(a) A student may be exempted from the administration of an
assessment instrument under:
(1) Section 39.023(a) or (b) if the student is
eligible for a special education program under Section 29.003 and
the student's individualized education program does not include
instruction in the essential knowledge and skills under Section
28.002 at any grade level;
(2) Section 39.023(c) or (d) if the student is
eligible for a special education program under Section 29.003 and:
(A) the student's individualized education
program does not include instruction in the essential knowledge and
skills under Section 28.002 at any grade level; or
(B) the assessment instrument, even with
allowable modifications, would not provide an appropriate measure
of the student's achievement as determined by the student's
admission, review, and dismissal committee;
(3) Section 39.023(a) or (l) for a period of up to one
year, beginning on the first day of instruction of the first full
school year of [after initial] enrollment in a school in the United
States, if the student is of limited English proficiency, as
defined by Section 29.052, and has not demonstrated proficiency in
English as determined by the assessment system under Subsection
(e); or
(4) Section 39.023(a) or (l) for a period of up to:
(A) four [two] years in addition to the exemption
period authorized by Subdivision (3) if the student:
(i) has received an exemption under
Subdivision (3); and [:]
(ii) [(A)] is a recent unschooled
immigrant; or
(B) two years in addition to the exemption period
authorized by Subdivision (3) if the student:
(i) has received an exemption under
Subdivision (3); and
(ii) is in a grade for which no assessment
instrument in the primary language of the student is available.
SECTION 2. 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.