H.B. No. 2130
AN ACT
relating to a study conducted by the Texas Education Agency
regarding the statewide assessment program in relation to students
in special education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02302 to read as follows:
Sec. 39.02302. STUDY OF STATEWIDE ASSESSMENT PROGRAM IN
RELATION TO STUDENTS IN SPECIAL EDUCATION PROGRAMS. (a) Using data
collected by the agency, including data collected during the
2015-2016 and 2017-2018 school years, the agency, from funds
already appropriated, shall conduct a study of the impact of the
statewide assessment program on students in a special education
program under Subchapter A, Chapter 29.
(b) In conducting the study, the agency shall address:
(1) whether the agency has determined that the
administration of alternate assessment instruments to students in a
special education program under Subchapter A, Chapter 29, as
provided by Section 39.023(b) complies with the Every Student
Succeeds Act (20 U.S.C. Section 6301 et seq.);
(2) whether administering state-required assessment
instruments, other than assessment instruments developed or
adopted under Section 39.023(b), to students in a special education
program under Subchapter A, Chapter 29, will:
(A) provide an accurate assessment of the
academic achievement of the students;
(B) result in the administration of assessment
instruments that are inappropriate for the educational capacity of
the students;
(C) result in a decrease in the number of
students promoted to the next grade level;
(D) result in a decrease in graduation rates for
the students;
(E) result in fewer opportunities to pursue
higher education options;
(F) result in fewer opportunities for
competitive integrated employment for the students; and
(G) result in any other:
(i) restrictions on the students;
(ii) alternative placements for the
students; or
(iii) limitations on the advancement of the
students; and
(3) whether making a statutory change that has the
effect of exempting students in a special education program under
Subchapter A, Chapter 29, from the administration of an assessment
instrument under Section 39.023 unless the student's parent or
guardian requests such administration would impact the statewide
assessment program and the extent of any such impact, including any
legal impact.
(c) In conducting the study, the agency shall identify
specific recommendations to improve the impact of the statewide
assessment program on students in a special education program under
Subchapter A, Chapter 29, including recommendations for:
(1) any reforms or changes with respect to contracting
with assessment instrument vendors;
(2) any reforms or changes with respect to improving
student grade-level promotion rates and student graduation rates;
(3) any reforms or changes with respect to developing
allowable accommodations and applying principles of universal
design for students during the administration of assessment
instruments;
(4) any changes to rules adopted by the State Board of
Education or the commissioner relating to the development,
adoption, or administration of assessment instruments;
(5) any statutory changes to this code relating to the
development, adoption, or administration of assessment
instruments; and
(6) any additional reforms or changes based on the
results of the study.
(d) Not later than October 1, 2018, the agency shall submit
a report to each member of the legislature containing the agency's
determinations and recommendations under this section.
(e) The agency shall publish on the agency's Internet
website the report submitted under Subsection (d), all data on
which the agency relied to form the basis of the agency's
determinations and recommendations, and the methodologies the
agency used to conduct the study.
(f) This section expires January 1, 2019.
SECTION 2. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2130 was passed by the House on May 4,
2017, by the following vote: Yeas 132, Nays 10, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2130 was passed by the Senate on May
19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor