Texas 2017 - 85th Regular

Texas House Bill HB2130 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Roberts, et al. (Senate Sponsor - Menéndez) H.B. No. 2130
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 5, 2017, read first time and referred to Committee on
4		-	Education; May 16, 2017, reported favorably by the following vote:
5		-	Yeas 11, Nays 0; May 16, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2130
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to a study conducted by the Texas Education Agency
12	6		regarding the statewide assessment program in relation to students
13	7		in special education programs.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Subchapter B, Chapter 39, Education Code, is
16	10		amended by adding Section 39.02302 to read as follows:
17	11		Sec. 39.02302. STUDY OF STATEWIDE ASSESSMENT PROGRAM IN
18	12		RELATION TO STUDENTS IN SPECIAL EDUCATION PROGRAMS. (a) Using data
19	13		collected by the agency, including data collected during the
20	14		2015-2016 and 2017-2018 school years, the agency, from funds
21	15		already appropriated, shall conduct a study of the impact of the
22	16		statewide assessment program on students in a special education
23	17		program under Subchapter A, Chapter 29.
24	18		(b) In conducting the study, the agency shall address:
25	19		(1) whether the agency has determined that the
26	20		administration of alternate assessment instruments to students in a
27	21		special education program under Subchapter A, Chapter 29, as
28	22		provided by Section 39.023(b) complies with the Every Student
29	23		Succeeds Act (20 U.S.C. Section 6301 et seq.);
30	24		(2) whether administering state-required assessment
31	25		instruments, other than assessment instruments developed or
32	26		adopted under Section 39.023(b), to students in a special education
33	27		program under Subchapter A, Chapter 29, will:
34	28		(A) provide an accurate assessment of the
35	29		academic achievement of the students;
36	30		(B) result in the administration of assessment
37	31		instruments that are inappropriate for the educational capacity of
38	32		the students;
39	33		(C) result in a decrease in the number of
40	34		students promoted to the next grade level;
41	35		(D) result in a decrease in graduation rates for
42	36		the students;
43	37		(E) result in fewer opportunities to pursue
44	38		higher education options;
45	39		(F) result in fewer opportunities for
46	40		competitive integrated employment for the students; and
47	41		(G) result in any other:
48	42		(i) restrictions on the students;
49	43		(ii) alternative placements for the
50	44		students; or
51	45		(iii) limitations on the advancement of the
52	46		students; and
53	47		(3) whether making a statutory change that has the
54	48		effect of exempting students in a special education program under
55	49		Subchapter A, Chapter 29, from the administration of an assessment
56	50		instrument under Section 39.023 unless the student's parent or
57	51		guardian requests such administration would impact the statewide
58	52		assessment program and the extent of any such impact, including any
59	53		legal impact.
60	54		(c) In conducting the study, the agency shall identify
61	55		specific recommendations to improve the impact of the statewide
62	56		assessment program on students in a special education program under
63	57		Subchapter A, Chapter 29, including recommendations for:
64	58		(1) any reforms or changes with respect to contracting
65	59		with assessment instrument vendors;
66	60		(2) any reforms or changes with respect to improving
67	61		student grade-level promotion rates and student graduation rates;
68	62		(3) any reforms or changes with respect to developing
69	63		allowable accommodations and applying principles of universal
70	64		design for students during the administration of assessment
71	65		instruments;
72	66		(4) any changes to rules adopted by the State Board of
73	67		Education or the commissioner relating to the development,
74	68		adoption, or administration of assessment instruments;
75	69		(5) any statutory changes to this code relating to the
76	70		development, adoption, or administration of assessment
77	71		instruments; and
78	72		(6) any additional reforms or changes based on the
79	73		results of the study.
80	74		(d) Not later than October 1, 2018, the agency shall submit
81	75		a report to each member of the legislature containing the agency's
82	76		determinations and recommendations under this section.
83	77		(e) The agency shall publish on the agency's Internet
84	78		website the report submitted under Subsection (d), all data on
85	79		which the agency relied to form the basis of the agency's
86	80		determinations and recommendations, and the methodologies the
87	81		agency used to conduct the study.
88	82		(f) This section expires January 1, 2019.
89	83		SECTION 2. This Act takes effect immediately if it receives
90	84		a vote of two-thirds of all the members elected to each house, as
91	85		provided by Section 39, Article III, Texas Constitution. If this
92	86		Act does not receive the vote necessary for immediate effect, this
93	87		Act takes effect September 1, 2017.
94		-	* * * * *
	88	+	______________________________ ______________________________
	89	+	President of the Senate Speaker of the House
	90	+	I certify that H.B. No. 2130 was passed by the House on May 4,
	91	+	2017, by the following vote: Yeas 132, Nays 10, 2 present, not
	92	+	voting.
	93	+	______________________________
	94	+	Chief Clerk of the House
	95	+	I certify that H.B. No. 2130 was passed by the Senate on May
	96	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	97	+	______________________________
	98	+	Secretary of the Senate
	99	+	APPROVED: _____________________
	100	+	Date
	101	+	_____________________
	102	+	Governor