Texas 2017 - 85th Regular

Texas House Bill HB79 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18566 MK-F
2	2	By: Guillen H.B. No. 79
3	3	Substitute the following for H.B. No. 79:
4	4	By: Bernal C.S.H.B. No. 79
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of alternative assessment instruments for
10	10	students in a special education program of a public school
11	11	district.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 39, Education Code, is
14	14	amended by adding Section 39.02316 to read as follows:
15	15	Sec. 39.02316. REQUIREMENTS RELATING TO ALTERNATIVE
16	16	ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM.
17	17	(a) The agency may not limit the percentage of students in a
18	18	special education program of a school district under Subchapter A,
19	19	Chapter 29, who are appropriately assessed through alternative
20	20	assessment instruments based on state eligibility criteria.
21	21	(b) The commissioner shall ensure that, in adopting any
22	22	indicator under Section 39.053 for evaluating school district
23	23	performance, the performance rating of a school district with, as
24	24	determined by the commissioner, a disproportionately high
25	25	percentage of enrolled students with disabilities appropriately
26	26	assessed through alternative assessment instruments would not be
27	27	adversely affected on the basis of:
28	28	(1) the district's participation in a shared services
29	29	arrangement under Section 29.007;
30	30	(2) the district's operation of a multidistrict
31	31	classroom for students with significant cognitive disabilities; or
32	32	(3) the district's providing special services to a
33	33	disproportionately high percentage of enrolled students with
34	34	significant cognitive disabilities, as determined by the
35	35	commissioner.
36	36	SECTION 2. Section 39.057, Education Code, is amended by
37	37	amending Subsection (a) and adding Subsection (b-1) to read as
38	38	follows:
39	39	(a) The commissioner may authorize special accreditation
40	40	investigations to be conducted:
41	41	(1) when excessive numbers of absences of students
42	42	eligible to be tested on state assessment instruments are
43	43	determined;
44	44	(2) when excessive numbers of allowable exemptions
45	45	from the required state assessment instruments are determined;
46	46	(3) in response to complaints submitted to the agency
47	47	with respect to alleged violations of civil rights or other
48	48	requirements imposed on the state by federal law or court order;
49	49	(4) in response to established compliance reviews of
50	50	the district's financial accounting practices and state and federal
51	51	program requirements;
52	52	(5) when extraordinary numbers of student placements
53	53	in disciplinary alternative education programs, other than
54	54	placements under Sections 37.006 and 37.007, are determined;
55	55	(6) in response to an allegation involving a conflict
56	56	between members of the board of trustees or between the board and
57	57	the district administration if it appears that the conflict
58	58	involves a violation of a role or duty of the board members or the
59	59	administration clearly defined by this code;
60	60	(7) subject to Subsection (b-1), when excessive
61	61	numbers of students in special education programs under Subchapter
62	62	A, Chapter 29, are assessed through alternative assessment
63	63	instruments developed or adopted under Section 39.023(b);
64	64	(8) in response to an allegation regarding or an
65	65	analysis using a statistical method result indicating a possible
66	66	violation of an assessment instrument security procedure
67	67	established under Section 39.0301, including for the purpose of
68	68	investigating or auditing a school district under that section;
69	69	(9) when a significant pattern of decreased academic
70	70	performance has developed as a result of the promotion in the
71	71	preceding two school years of students who did not perform
72	72	satisfactorily as determined by the commissioner under Section
73	73	39.0241(a) on assessment instruments administered under Section
74	74	39.023(a), (c), or (l);
75	75	(10) when excessive numbers of students eligible to
76	76	enroll fail to complete an Algebra II course or any other advanced
77	77	course as determined by the commissioner;
78	78	(11) when resource allocation practices as evaluated
79	79	under Section 39.0821 indicate a potential for significant
80	80	improvement in resource allocation;
81	81	(12) when a disproportionate number of students of a
82	82	particular demographic group is graduating with a particular
83	83	endorsement under Section 28.025(c-1);
84	84	(13) when an excessive number of students is
85	85	graduating with a particular endorsement under Section
86	86	28.025(c-1);
87	87	(14) in response to a complaint submitted to the
88	88	agency with respect to alleged inaccurate data that is reported
89	89	through the Public Education Information Management System (PEIMS)
90	90	or through other reports required by state or federal law or rule or
91	91	court order and that is used by the agency to make a determination
92	92	relating to public school accountability, including accreditation,
93	93	under this chapter; or
94	94	(15) as the commissioner otherwise determines
95	95	necessary.
96	96	(b-1) For purposes of Subsection (a)(7), a school district
97	97	does not assess excessive numbers of students in special education
98	98	programs under Subchapter A, Chapter 29, through alternative
99	99	assessments if the district appropriately assesses those students
100	100	as provided by Section 39.02316.
101	101	SECTION 3. This Act applies beginning with the 2017-2018
102	102	school year.
103	103	SECTION 4. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2017.