By: Deuell, et al. S.B. No. 906
(Huberty)
A BILL TO BE ENTITLED
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.