| 1 | 1 | | 84R9955 MEW-D |
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| 2 | 2 | | By: Muñoz, Jr. H.B. No. 3503 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of assessment instruments to certain |
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| 8 | 8 | | students of limited English proficiency. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.023(l), Education Code, as effective |
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| 11 | 11 | | until on or before September 1, 2015, is amended to read as follows: |
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| 12 | 12 | | (l) The State Board of Education shall adopt rules for the |
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| 13 | 13 | | administration of the assessment instruments adopted under |
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| 14 | 14 | | Subsection (a) or the end-of-course assessment instruments adopted |
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| 15 | 15 | | under Subsection (c) in Spanish to students in grades three through |
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| 16 | 16 | | 12 [five] who are of limited English proficiency, as defined by |
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| 17 | 17 | | Section 29.052, whose primary language is Spanish, and who are not |
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| 18 | 18 | | otherwise exempt from the administration of an assessment |
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| 19 | 19 | | instrument under Section 39.027(a)(1) or (2). Each student of |
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| 20 | 20 | | limited English proficiency whose primary language is Spanish, |
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| 21 | 21 | | other than a student to whom Subsection (b) applies, may be assessed |
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| 22 | 22 | | using assessment instruments in Spanish under this subsection [for |
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| 23 | 23 | | up to three years] or assessment instruments in English under |
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| 24 | 24 | | Subsection (a) or end-of-course assessment instruments in English |
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| 25 | 25 | | under Subsection (c). The language proficiency assessment |
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| 26 | 26 | | committee established under Section 29.063 shall determine which |
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| 27 | 27 | | students are administered assessment instruments in Spanish under |
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| 28 | 28 | | this subsection. |
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| 29 | 29 | | SECTION 2. Section 39.023(l), Education Code, as effective |
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| 30 | 30 | | on or before September 1, 2015, is amended to read as follows: |
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| 31 | 31 | | (l) The State Board of Education shall adopt rules for the |
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| 32 | 32 | | administration of the assessment instruments adopted under |
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| 33 | 33 | | Subsection (a) or the end-of-course assessment instruments adopted |
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| 34 | 34 | | under Subsection (c) and, to the extent applicable, the assessment |
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| 35 | 35 | | instruments adopted under Subsection (a-4) in Spanish to students |
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| 36 | 36 | | in grades three through 12 [, four, and five] who are of limited |
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| 37 | 37 | | English proficiency, as defined by Section 29.052, whose primary |
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| 38 | 38 | | language is Spanish, and who are not otherwise exempt from the |
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| 39 | 39 | | administration of an assessment instrument under Section |
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| 40 | 40 | | 39.027(a)(1) or (2). Each student of limited English proficiency |
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| 41 | 41 | | whose primary language is Spanish, other than a student to whom |
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| 42 | 42 | | Subsection (b) applies, may be assessed using assessment |
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| 43 | 43 | | instruments in Spanish under this subsection [for up to three |
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| 44 | 44 | | years] or assessment instruments in English under Subsection (a) or |
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| 45 | 45 | | end-of-course assessment instruments in English under Subsection |
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| 46 | 46 | | (c) and, as applicable, Subsection (a-4). The language |
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| 47 | 47 | | proficiency assessment committee established under Section 29.063 |
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| 48 | 48 | | shall determine which students are administered assessment |
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| 49 | 49 | | instruments in Spanish under this subsection. |
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| 50 | 50 | | SECTION 3. Section 39.023(l), Education Code, as effective |
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| 51 | 51 | | September 1, 2017, is amended to read as follows: |
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| 52 | 52 | | (l) The State Board of Education shall adopt rules for the |
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| 53 | 53 | | administration of the assessment instruments adopted under |
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| 54 | 54 | | Subsection (a) or the end-of-course assessment instruments adopted |
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| 55 | 55 | | under Subsection (c) in Spanish to students in grades three through |
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| 56 | 56 | | 12 [five] who are of limited English proficiency, as defined by |
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| 57 | 57 | | Section 29.052, whose primary language is Spanish, and who are not |
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| 58 | 58 | | otherwise exempt from the administration of an assessment |
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| 59 | 59 | | instrument under Section 39.027(a)(1) or (2). Each student of |
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| 60 | 60 | | limited English proficiency whose primary language is Spanish, |
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| 61 | 61 | | other than a student to whom Subsection (b) applies, may be assessed |
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| 62 | 62 | | using assessment instruments in Spanish under this subsection [for |
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| 63 | 63 | | up to three years] or assessment instruments in English under |
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| 64 | 64 | | Subsection (a) or end-of-course assessment instruments in English |
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| 65 | 65 | | under Subsection (c). The language proficiency assessment |
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| 66 | 66 | | committee established under Section 29.063 shall determine which |
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| 67 | 67 | | students are administered assessment instruments in Spanish under |
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| 68 | 68 | | this subsection. |
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| 69 | 69 | | SECTION 4. This Act applies beginning with the 2015-2016 |
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| 70 | 70 | | school year. |
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| 71 | 71 | | SECTION 5. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2015. |
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