84R9511 CAE-D By: Simmons H.B. No. 3055 A BILL TO BE ENTITLED AN ACT relating to assessment of public school students enrolled in a special education program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.023, Education Code, is amended by adding Subsection (b-2) to read as follows: (b-2) Notwithstanding Subsection (b), (b-1), or any other law, and to the extent consistent with federal law, a student in a special education program under Subchapter A, Chapter 29, may not be administered an assessment instrument if the student's parent or a person standing in parental relation to the student has submitted to the district or school a written statement indicating that the parent or person standing in parental relation to the student elects to exempt the student from administration of an assessment instrument. The student's admission, review, and dismissal committee, in consultation with the student's parent or a person standing in parental relation to the student, shall develop an individual progress plan for a student exempt from administration of an assessment instrument as provided by this subsection. The commissioner shall adopt rules as necessary to administer this subsection. SECTION 2. This Act applies beginning with the 2015-2016 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, 2015.