85R2745 KKA-F
By: Huberty H.B. No. 363
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition of a monitoring system performance
indicator based on the number or percentage of students receiving
special education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0011 to read as follows:
Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a)
Notwithstanding Section 29.001(5), Section 29.010, or any other
provision of this code, the commissioner or agency may not adopt or
implement a performance indicator in any agency monitoring system,
including the performance-based monitoring analysis system, that
evaluates the total number of enrolled students or the overall
percentage of the total number of enrolled students of a school
district or open-enrollment charter school who receive special
education services.
(b) Subsection (a) does not:
(1) prohibit a performance indicator designed to
monitor disproportionality by assessing the percentage of specific
racial or ethnic groups who receive special education services; or
(2) affect the duty of the commissioner or agency to
provide and report information as required by state or federal law
on students who receive special education services.
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.