Texas 2009 - 81st Regular

Texas Senate Bill SB1818 Compare Versions

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1	1	By: Van de Putte S.B. No. 1818
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to providing an exemption from the administration of
7	7	certain assessment instruments for certain public school students
8	8	who are asylees or refugees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.027, Education Code, is amended by
11	11	amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) A student may be exempted from the administration of an
14	14	assessment instrument under:
15	15	(1) Section 39.023(a) or (b) if the student is
16	16	eligible for a special education program under Section 29.003 and
17	17	the student's individualized education program does not include
18	18	instruction in the essential knowledge and skills under Section
19	19	28.002 at any grade level;
20	20	(2) Section 39.023(c) or (d) if the student is
21	21	eligible for a special education program under Section 29.003 and:
22	22	(A) the student's individualized education
23	23	program does not include instruction in the essential knowledge and
24	24	skills under Section 28.002 at any grade level; or
25	25	(B) the assessment instrument, even with
26	26	allowable modifications, would not provide an appropriate measure
27	27	of the student's achievement as determined by the student's
28	28	admission, review, and dismissal committee;
29	29	(3) Section 39.023(a) or (l) for a period of up to one
30	30	year after initial enrollment in a school in the United States if
31	31	the student is of limited English proficiency, as defined by
32	32	Section 29.052, and has not demonstrated proficiency in English as
33	33	determined by the assessment system under Subsection (e); [or]
34	34	(4) Section 39.023(a) or (l) for a period of up to two
35	35	years in addition to the exemption period authorized by Subdivision
36	36	(3) if the student has received an exemption under Subdivision (3)
37	37	and:
38	38	(A) is a recent unschooled immigrant; or
39	39	(B) is in a grade for which no assessment
40	40	instrument in the primary language of the student is available; or
41	41	(5) Section 39.023(a), (c), or (l) for a period of up
42	42	to four years, in addition to the exemption period authorized by
43	43	Subdivision (3), if the student's initial enrollment in a school in
44	44	the United States was as an unschooled asylee or refugee.
45	45	(a-1) For purposes of this section, "unschooled asylee or
46	46	refugee" means a student who:
47	47	(1) initially enrolled in a school in the United
48	48	States as:
49	49	(A) an asylee as defined by 45 C.F.R. Section
50	50	400.41; or
51	51	(B) a refugee as defined by 8 U.S.C. Section
52	52	1101;
53	53	(2) has a visa issued by the United States Department
54	54	of State with a Form I-94 Arrival/Departure record, or a successor
55	55	document, issued by the United States Citizenship and Immigration
56	56	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
57	57	(3) as a result of inadequate schooling outside of the
58	58	United States, lacks the necessary foundation in the essential
59	59	knowledge and skills of the curriculum prescribed under Section
60	60	28.002 as determined by the language proficiency assessment
61	61	committee established under Section 29.063.
62	62	SECTION 2. This Act applies beginning with the 2009-2010
63	63	school year.
64	64	SECTION 3. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2009.