By: Lucio, et al. S.B. No. 377
(M. Gonzalez of El Paso, King of Taylor, Guillen, Walle)
A BILL TO BE ENTITLED
AN ACT
relating to the determination of certain exemptions from the
administration of state assessment instruments to public school
students and to the consideration of the performance of certain
students on state assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.027, Education Code, is amended by
adding Subsection (a-2) to read as follows:
(a-2) Unless a student is enrolled in a school in the United
States for a period of at least 60 consecutive days during a year,
the student may not be considered to be enrolled in a school in the
United States for that year for the purpose of determining a number
of years under Subsection (a)(1), (2), or (3).
SECTION 2. Section 39.054, Education Code, is amended by
adding Subsections (d-2) and (d-3) to read as follows:
(d-2) Except as provided by Subsection (d-3), 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 two 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. Unless a student is enrolled in a school in the United
States for a period of at least 60 consecutive days during a year,
the student may not be considered to be enrolled in a school in the
United States for that year for purposes of this subsection. 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.
(d-3) Subsection (d-2) does not apply if the assessment
instrument administered to a student of limited English proficiency
is in the student's native language.
SECTION 3. Subsection (a-2), Section 39.027, and Subsection
(d-2), Section 39.054, Education Code, as added by this Act, apply
to a student regardless of the date on which the student initially
enrolled in a school in the United States.
SECTION 4. This Act takes effect September 1, 2013.