By: Van de Putte S.B. No. 1818
A BILL TO BE ENTITLED
AN ACT
relating to providing an exemption from the administration of
certain assessment instruments for certain public school students
who are asylees or refugees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.027, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) 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 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 two
years in addition to the exemption period authorized by Subdivision
(3) if the student has received an exemption under Subdivision (3)
and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no assessment
instrument in the primary language of the student is available; or
(5) Section 39.023(a), (c), or (l) for a period of up
to four years, in addition to the exemption period authorized by
Subdivision (3), if the student's initial enrollment in a school in
the United States was as an unschooled asylee or refugee.
(a-1) For purposes of this section, "unschooled asylee or
refugee" means a student who:
(1) initially enrolled in a school in the United
States as:
(A) an asylee as defined by 45 C.F.R. Section
400.41; or
(B) a refugee as defined by 8 U.S.C. Section
1101;
(2) has a visa issued by the United States Department
of State with a Form I-94 Arrival/Departure record, or a successor
document, issued by the United States Citizenship and Immigration
Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
(3) as a result of inadequate schooling outside of the
United States, lacks the necessary foundation in the essential
knowledge and skills of the curriculum prescribed under Section
28.002 as determined by the language proficiency assessment
committee established under Section 29.063.
SECTION 2. This Act applies beginning with the 2009-2010
school year.
SECTION 3. 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.