85R18566 MK-F
By: Guillen H.B. No. 79
Substitute the following for H.B. No. 79:
By: Bernal C.S.H.B. No. 79
A BILL TO BE ENTITLED
AN ACT
relating to the use of alternative assessment instruments for
students in a special education program of a public school
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02316 to read as follows:
Sec. 39.02316. REQUIREMENTS RELATING TO ALTERNATIVE
ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM.
(a) The agency may not limit the percentage of students in a
special education program of a school district under Subchapter A,
Chapter 29, who are appropriately assessed through alternative
assessment instruments based on state eligibility criteria.
(b) The commissioner shall ensure that, in adopting any
indicator under Section 39.053 for evaluating school district
performance, the performance rating of a school district with, as
determined by the commissioner, a disproportionately high
percentage of enrolled students with disabilities appropriately
assessed through alternative assessment instruments would not be
adversely affected on the basis of:
(1) the district's participation in a shared services
arrangement under Section 29.007;
(2) the district's operation of a multidistrict
classroom for students with significant cognitive disabilities; or
(3) the district's providing special services to a
disproportionately high percentage of enrolled students with
significant cognitive disabilities, as determined by the
commissioner.
SECTION 2. Section 39.057, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) The commissioner may authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) subject to Subsection (b-1), when excessive
numbers of students in special education programs under Subchapter
A, Chapter 29, are assessed through alternative assessment
instruments developed or adopted under Section 39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter; or
(15) as the commissioner otherwise determines
necessary.
(b-1) For purposes of Subsection (a)(7), a school district
does not assess excessive numbers of students in special education
programs under Subchapter A, Chapter 29, through alternative
assessments if the district appropriately assesses those students
as provided by Section 39.02316.
SECTION 3. This Act applies beginning with the 2017-2018
school year.
SECTION 4. 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.