| 1 | 1 | | 83R21201 CAS-D |
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| 2 | 2 | | By: M. Gonzalez of El Paso, King of Taylor H.B. No. 2004 |
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| 3 | 3 | | Substitute the following for H.B. No. 2004: |
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| 4 | 4 | | By: Allen C.S.H.B. No. 2004 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the determination of certain exemptions from the |
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| 10 | 10 | | administration of state assessment instruments to public school |
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| 11 | 11 | | students and to the consideration of the performance of certain |
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| 12 | 12 | | students on state assessment instruments. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 39.027, Education Code, is amended by |
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| 15 | 15 | | adding Subsection (a-2) to read as follows: |
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| 16 | 16 | | (a-2) Unless a student is enrolled in a school in the United |
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| 17 | 17 | | States for a period of at least 60 consecutive days during a year, |
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| 18 | 18 | | the student may not be considered to be enrolled in a school in the |
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| 19 | 19 | | United States for that year for the purpose of determining a number |
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| 20 | 20 | | of years under Subsection (a)(1), (2), or (3). |
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| 21 | 21 | | SECTION 2. Section 39.054, Education Code, is amended by |
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| 22 | 22 | | adding Subsection (d-2) to read as follows: |
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| 23 | 23 | | (d-2) In evaluating performance under Subsection (c), the |
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| 24 | 24 | | commissioner may not lower a performance rating for purposes of |
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| 25 | 25 | | this chapter based on unsatisfactory performance on an assessment |
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| 26 | 26 | | instrument administered under Section 39.023(a), (b), (c), (l), or |
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| 27 | 27 | | (n) to a student for a period of two years after the student's |
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| 28 | 28 | | initial enrollment in a school in the United States if the student |
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| 29 | 29 | | is a student of limited English proficiency, as defined by Section |
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| 30 | 30 | | 29.052. Unless a student is enrolled in a school in the United |
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| 31 | 31 | | States for a period of at least 60 consecutive days during a year, |
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| 32 | 32 | | the student may not be considered to be enrolled in a school in the |
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| 33 | 33 | | United States for that year for purposes of this subsection. This |
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| 34 | 34 | | subsection does not apply to a performance rating for purposes of: |
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| 35 | 35 | | (1) compliance monitoring under Section 7.028; or |
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| 36 | 36 | | (2) public school accountability under federal law. |
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| 37 | 37 | | SECTION 3. Sections 39.027(a-2) and 39.054(d-2), Education |
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| 38 | 38 | | Code, as added by this Act, apply to a student regardless of the |
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| 39 | 39 | | date on which the student initially enrolled in a school in the |
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| 40 | 40 | | United States. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2013. |
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