83R384 CAS-F By: Guillen H.B. No. 251 A BILL TO BE ENTITLED AN ACT relating to considering the performance of certain students on state assessment instruments in evaluating school district and campus performance. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.054, Education Code, is amended by adding Subsection (d-2) to read as follows: (d-2) In evaluating performance under Subsection (c), the commissioner may not lower a performance rating for purposes of this chapter based on unsatisfactory performance on an assessment instrument administered under Section 39.023(a), (b), (c), (l), or (n) to a student for a period of three years after the student's initial enrollment in a school in the United States if the student is a student of limited English proficiency, as defined by Section 29.052. This subsection does not apply to a performance rating for purposes of: (1) compliance monitoring under Section 7.028; or (2) public school accountability under federal law. SECTION 2. This Act applies beginning with the 2013-2014 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, 2013.