| 1 | 1 | | 85R10612 KKA-F |
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| 2 | 2 | | By: Wu, Huberty, Bernal, Allen, H.B. No. 713 |
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| 3 | 3 | | King of Hemphill, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 713: |
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| 5 | 5 | | By: King of Hemphill C.S.H.B. No. 713 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a prohibition of a monitoring system performance |
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| 11 | 11 | | indicator based solely on the number or percentage of students |
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| 12 | 12 | | receiving special education services. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 15 | 15 | | amended by adding Section 29.0011 to read as follows: |
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| 16 | 16 | | Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a) |
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| 17 | 17 | | Notwithstanding Section 29.001(5), Section 29.010, or any other |
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| 18 | 18 | | provision of this code, the commissioner or agency may not adopt or |
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| 19 | 19 | | implement a performance indicator in any agency monitoring system, |
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| 20 | 20 | | including the performance-based monitoring analysis system, that |
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| 21 | 21 | | solely measures a school district's or open-enrollment charter |
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| 22 | 22 | | school's aggregated number or percentage of enrolled students who |
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| 23 | 23 | | receive special education services. |
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| 24 | 24 | | (b) Subsection (a) does not prohibit or limit the |
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| 25 | 25 | | commissioner or agency from meeting requirements under: |
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| 26 | 26 | | (1) 20 U.S.C. Section 1418(d) and its implementing |
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| 27 | 27 | | regulations to collect and examine data to determine whether |
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| 28 | 28 | | significant disproportionality based on race or ethnicity is |
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| 29 | 29 | | occurring in the state and in the school districts |
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| 30 | 30 | | and open-enrollment charter schools in the state with respect to |
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| 31 | 31 | | the: |
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| 32 | 32 | | (A) identification of children as children with |
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| 33 | 33 | | disabilities, including the identification of children as children |
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| 34 | 34 | | with particular impairments; |
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| 35 | 35 | | (B) placement of children with disabilities in |
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| 36 | 36 | | particular educational settings; and |
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| 37 | 37 | | (C) incidence, duration, and type of |
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| 38 | 38 | | disciplinary actions taken against children with disabilities, |
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| 39 | 39 | | including suspensions and expulsions; or |
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| 40 | 40 | | (2) 20 U.S.C. Section 1416(a)(3)(C) and its |
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| 41 | 41 | | implementing regulations to address in the statewide plan the |
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| 42 | 42 | | percentage of school districts and open-enrollment charter schools |
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| 43 | 43 | | with disproportionate representation of racial and ethnic groups in |
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| 44 | 44 | | special education and related services and in specific disability |
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| 45 | 45 | | categories that results from inappropriate identification. |
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| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2017. |
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