| 1 | 1 | | 85R2745 KKA-F |
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| 2 | 2 | | By: Huberty H.B. No. 363 |
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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 a prohibition of a monitoring system performance |
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| 8 | 8 | | indicator based on the number or percentage of students receiving |
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| 9 | 9 | | special education services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 12 | 12 | | amended by adding Section 29.0011 to read as follows: |
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| 13 | 13 | | Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a) |
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| 14 | 14 | | Notwithstanding Section 29.001(5), Section 29.010, or any other |
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| 15 | 15 | | provision of this code, the commissioner or agency may not adopt or |
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| 16 | 16 | | implement a performance indicator in any agency monitoring system, |
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| 17 | 17 | | including the performance-based monitoring analysis system, that |
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| 18 | 18 | | evaluates the total number of enrolled students or the overall |
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| 19 | 19 | | percentage of the total number of enrolled students of a school |
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| 20 | 20 | | district or open-enrollment charter school who receive special |
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| 21 | 21 | | education services. |
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| 22 | 22 | | (b) Subsection (a) does not: |
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| 23 | 23 | | (1) prohibit a performance indicator designed to |
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| 24 | 24 | | monitor disproportionality by assessing the percentage of specific |
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| 25 | 25 | | racial or ethnic groups who receive special education services; or |
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| 26 | 26 | | (2) affect the duty of the commissioner or agency to |
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| 27 | 27 | | provide and report information as required by state or federal law |
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| 28 | 28 | | on students who receive special education services. |
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| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2017. |
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