83R811 VOO-D
By: King of Taylor H.B. No. 853
A BILL TO BE ENTITLED
AN ACT
relating to exemption from administration of assessment
instruments for and posting of assessment instrument performance
data of certain public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.023(l) and (m), Education Code, are
amended to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through five
who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(1) [or (2)]. Each student of
limited English proficiency whose primary language is Spanish,
other than a student to whom Subsection (b) applies, may be assessed
using assessment instruments in Spanish under this subsection for
up to three years or assessment instruments in English under
Subsection (a). The language proficiency assessment committee
established under Section 29.063 shall determine which students are
administered assessment instruments in Spanish under this
subsection.
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(1) [or (2)]. The rules adopted under this subsection
shall ensure that the language proficiency assessment committee
provides that the exempted students are administered the assessment
instruments under Subsections (a) and (c) at the earliest practical
date.
SECTION 2. Section 39.027, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-2) to
read as follows:
(a) A student may be administered an accommodated or
alternative assessment instrument or may be granted an exemption
from or a postponement of the administration of an assessment
instrument under:
(1) Section 39.023(a), (b), (c), or (l) for a period of
up to three years [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);
[(2) Section 39.023(a), (b), (c), or (l) for a period
of up to two years in addition to the exemption period authorized by
Subdivision (1) if the student has received an exemption under
Subdivision (1) 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
(2) [(3)] Section 39.023(a), (b), (c), or (l) for a
period of up to two [four] years, in addition to the exemption
period authorized under Subdivision (1), if the student's initial
enrollment in a school in the United States was as an unschooled
asylee or refugee.
(a-2) If there is a conflict between this section and
federal law or regulations as a result of forgoing under this
section certain administration of assessment instruments to
certain students, the agency shall seek a waiver from the
application of conflicting federal law or regulations.
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(1) [or (2)] who achieves reading proficiency in
English as determined by the assessment system developed under this
subsection shall be administered the assessment instruments
described by Sections 39.023(a) and (c). The performance under the
assessment system developed under this subsection of students to
whom Subsection (a)(1) [or (2)] applies shall be included in the
indicator systems under Section 39.301, as applicable, the
performance report under Section 39.306, and the comprehensive
annual report under Section 39.332. This information shall be
provided in a manner that is disaggregated by the bilingual
education or special language program, if any, in which the student
is enrolled.
SECTION 3. Section 39.301(c), Education Code, is amended to
read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for the minimum high school program, the recommended high school
program, and the advanced high school program;
(2) the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that agree under
Section 28.025(b) to take courses under the minimum high school
program;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under each performance standard under Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Section [Sections] 39.027(a)(1) [and (2)];
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
SECTION 4. Section 39.332, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In reporting the information required by Subsection
(b)(3), the agency shall separately aggregate the performance data
of all students granted an exemption from administration of an
assessment instrument under Section 39.027. The agency shall post
on its Internet website performance data required under this
subsection and Subsection (b)(3).
SECTION 5. Section 39.027(g), Education Code, is repealed.
SECTION 6. This Act applies beginning with the 2013-2014
school year.
SECTION 7. 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.