84R9955 MEW-D By: Muñoz, Jr. H.B. No. 3503 A BILL TO BE ENTITLED AN ACT relating to the administration of assessment instruments to certain students of limited English proficiency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.023(l), Education Code, as effective until on or before September 1, 2015, is 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) or the end-of-course assessment instruments adopted under Subsection (c) in Spanish to students in grades three through 12 [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) or end-of-course assessment instruments in English under Subsection (c). The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection. SECTION 2. Section 39.023(l), Education Code, as effective on or before September 1, 2015, is 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) or the end-of-course assessment instruments adopted under Subsection (c) and, to the extent applicable, the assessment instruments adopted under Subsection (a-4) in Spanish to students in grades three through 12 [, four, and 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) or end-of-course assessment instruments in English under Subsection (c) and, as applicable, Subsection (a-4). The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection. SECTION 3. Section 39.023(l), Education Code, as effective September 1, 2017, is 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) or the end-of-course assessment instruments adopted under Subsection (c) in Spanish to students in grades three through 12 [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) or end-of-course assessment instruments in English under Subsection (c). The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection. SECTION 4. This Act applies beginning with the 2015-2016 school year. SECTION 5. 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.