Texas 2009 - 81st Regular

Texas House Bill HB1263 Compare Versions

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Old	New	Differences
1	1	81R17979 CAE-D
2	2	By: Villarreal H.B. No. 1263
3	3	Substitute the following for H.B. No. 1263:
4	4	By: Jackson C.S.H.B. No. 1263
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to providing an exemption from the administration of
10	10	certain assessment instruments for certain public school students
11	11	who are asylees or refugees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 39.027, Education Code, is amended by
14	14	amending Subsection (a) and adding Subsection (a-1) to read as
15	15	follows:
16	16	(a) A student may be exempted from the administration of an
17	17	assessment instrument under:
18	18	(1) Section 39.023(a) or (b) if the student is
19	19	eligible for a special education program under Section 29.003 and
20	20	the student's individualized education program does not include
21	21	instruction in the essential knowledge and skills under Section
22	22	28.002 at any grade level;
23	23	(2) Section 39.023(c) or (d) if the student is
24	24	eligible for a special education program under Section 29.003 and:
25	25	(A) the student's individualized education
26	26	program does not include instruction in the essential knowledge and
27	27	skills under Section 28.002 at any grade level; or
28	28	(B) the assessment instrument, even with
29	29	allowable modifications, would not provide an appropriate measure
30	30	of the student's achievement as determined by the student's
31	31	admission, review, and dismissal committee;
32	32	(3) Section 39.023(a) or (l) for a period of up to one
33	33	year after initial enrollment in a school in the United States if
34	34	the student is of limited English proficiency, as defined by
35	35	Section 29.052, and has not demonstrated proficiency in English as
36	36	determined by the assessment system under Subsection (e); [or]
37	37	(4) Section 39.023(a) or (l) for a period of up to two
38	38	years in addition to the exemption period authorized by Subdivision
39	39	(3) if the student has received an exemption under Subdivision (3)
40	40	and:
41	41	(A) is a recent unschooled immigrant; or
42	42	(B) is in a grade for which no assessment
43	43	instrument in the primary language of the student is available; or
44	44	(5) Section 39.023(a), (c), or (l) for a period of up
45	45	to four years, in addition to the exemption period authorized by
46	46	Subdivision (3), if the student's initial enrollment in a school in
47	47	the United States was as an unschooled asylee or refugee.
48	48	(a-1) For purposes of this section, "unschooled asylee or
49	49	refugee" means a student who:
50	50	(1) initially enrolled in a school in the United
51	51	States as:
52	52	(A) an asylee as defined by 45 C.F.R. Section
53	53	400.41; or
54	54	(B) a refugee as defined by 8 U.S.C. Section
55	55	1101;
56	56	(2) has a visa issued by the United States Department
57	57	of State with a Form I-94 Arrival/Departure record, or a successor
58	58	document, issued by the United States Citizenship and Immigration
59	59	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
60	60	(3) as a result of inadequate schooling outside of the
61	61	United States, lacks the necessary foundation in the essential
62	62	knowledge and skills of the curriculum prescribed under Section
63	63	28.002 as determined by the language proficiency assessment
64	64	committee established under Section 29.063.
65	65	SECTION 2. This Act applies beginning with the 2009-2010
66	66	school year.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2009.