Texas 2013 83rd Regular

Texas Senate Bill SB906 Enrolled / Bill

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                    S.B. No. 906


 AN ACT
 relating to developmentally appropriate assessment of special
 education students.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subsection (b), Section 39.023, Education Code,
 is amended to read as follows:
 (b)  The agency shall develop or adopt appropriate
 criterion-referenced alternative assessment instruments to be
 administered to each student in a special education program under
 Subchapter A, Chapter 29, for whom an assessment instrument adopted
 under Subsection (a), even with allowable accommodations, would not
 provide an appropriate measure of student achievement, as
 determined by the student's admission, review, and dismissal
 committee. The agency may not adopt a performance standard that
 indicates that a student's performance on the alternate assessment
 does not meet standards if the lowest level of the assessment
 accurately represents the student's developmental level as
 determined by the student's admission, review, and dismissal
 committee.
 SECTION 2.  This Act applies beginning with the 2013-2014
 school year.
 SECTION 3.  As soon as practicable after the effective date
 of this Act, but not later than October 1, 2013, the Texas Education
 Agency shall adopt and implement rules consistent with Subsection
 (b), Section 39.023, Education Code, as amended by this Act.
 SECTION 4.  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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 906 passed the Senate on
 April 25, 2013, by the following vote:  Yeas 30, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 906 passed the House on
 May 22, 2013, by the following vote:  Yeas 148, Nays 0, two
 present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor