Texas 2009 - 81st Regular

Texas House Bill HB3360 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11473 CAE-D
2	2	By: Villarreal H.B. No. 3360
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing an exemption from the administration of
8	8	certain assessment instruments for certain public school students
9	9	who are asylees or refugees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 39.027, Education Code, is amended by
12	12	amending Subsection (a) and adding Subsection (a-1) to read as
13	13	follows:
14	14	(a) A student may be exempted from the administration of an
15	15	assessment instrument under:
16	16	(1) Section 39.023(a) or (b) if the student is
17	17	eligible for a special education program under Section 29.003 and
18	18	the student's individualized education program does not include
19	19	instruction in the essential knowledge and skills under Section
20	20	28.002 at any grade level;
21	21	(2) Section 39.023(c) or (d) if the student is
22	22	eligible for a special education program under Section 29.003 and:
23	23	(A) the student's individualized education
24	24	program does not include instruction in the essential knowledge and
25	25	skills under Section 28.002 at any grade level; or
26	26	(B) the assessment instrument, even with
27	27	allowable modifications, would not provide an appropriate measure
28	28	of the student's achievement as determined by the student's
29	29	admission, review, and dismissal committee;
30	30	(3) Section 39.023(a) or (l) for a period of up to one
31	31	year after initial enrollment in a school in the United States if
32	32	the student is of limited English proficiency, as defined by
33	33	Section 29.052, and has not demonstrated proficiency in English as
34	34	determined by the assessment system under Subsection (e); [or]
35	35	(4) Section 39.023(a) or (l) for a period of up to two
36	36	years in addition to the exemption period authorized by Subdivision
37	37	(3) if the student has received an exemption under Subdivision (3)
38	38	and:
39	39	(A) is a recent unschooled immigrant; or
40	40	(B) is in a grade for which no assessment
41	41	instrument in the primary language of the student is available; or
42	42	(5) Section 39.023(a), (c), or (l) for a period of up
43	43	to four years, in addition to the exemption period authorized by
44	44	Subdivision (3), if the student's initial enrollment in a school in
45	45	the United States was as an unschooled asylee or refugee.
46	46	(a-1) For purposes of this section, "unschooled asylee or
47	47	refugee" means a student who:
48	48	(1) initially enrolled in a school in the United
49	49	States as:
50	50	(A) an asylee as defined by 45 C.F.R. Section
51	51	400.41; or
52	52	(B) a refugee as defined by 8 U.S.C. Section
53	53	1101;
54	54	(2) has a visa issued by the United States Department
55	55	of State with a Form I-94 Arrival/Departure record, or a successor
56	56	document, issued by the United States Citizenship and Immigration
57	57	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
58	58	(3) as a result of inadequate schooling outside of the
59	59	United States, lacks the necessary foundation in the essential
60	60	knowledge and skills of the curriculum prescribed under Section
61	61	28.002 as determined by the language proficiency assessment
62	62	committee established under Section 29.063.
63	63	SECTION 2. This Act applies beginning with the 2009-2010
64	64	school year.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2009.