| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to a prohibition of a monitoring system performance |
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| 8 | 6 | | indicator based solely on the number or percentage of students |
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| 9 | 7 | | receiving special education services. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 12 | 10 | | amended by adding Section 29.0011 to read as follows: |
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| 13 | 11 | | Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. |
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| 14 | 12 | | (a) Notwithstanding Section 29.001(5), Section 29.010, or any |
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| 15 | 13 | | other provision of this code, the commissioner or agency may not |
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| 16 | 14 | | adopt or implement a performance indicator in any agency monitoring |
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| 17 | 15 | | system, including the performance-based monitoring analysis |
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| 18 | 16 | | system, that solely measures a school district's or open-enrollment |
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| 19 | 17 | | charter school's aggregated number or percentage of enrolled |
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| 20 | 18 | | students who receive special education services. |
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| 21 | 19 | | (b) Subsection (a) does not prohibit or limit the |
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| 22 | 20 | | commissioner or agency from meeting requirements under: |
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| 23 | 21 | | (1) 20 U.S.C. Section 1418(d) and its implementing |
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| 24 | 22 | | regulations to collect and examine data to determine whether |
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| 25 | 23 | | significant disproportionality based on race or ethnicity is |
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| 26 | 24 | | occurring in the state and in the school districts and |
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| 27 | 25 | | open-enrollment charter schools in the state with respect to the: |
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| 28 | 26 | | (A) identification of children as children with |
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| 29 | 27 | | disabilities, including the identification of children as children |
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| 30 | 28 | | with particular impairments; |
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| 31 | 29 | | (B) placement of children with disabilities in |
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| 32 | 30 | | particular educational settings; and |
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| 33 | 31 | | (C) incidence, duration, and type of |
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| 34 | 32 | | disciplinary actions taken against children with disabilities, |
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| 35 | 33 | | including suspensions and expulsions; or |
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| 36 | 34 | | (2) 20 U.S.C. Section 1416(a)(3)(C) and its |
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| 37 | 35 | | implementing regulations to address in the statewide plan the |
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| 38 | 36 | | percentage of school districts and open-enrollment charter schools |
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| 39 | 37 | | with disproportionate representation of racial and ethnic groups in |
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| 40 | 38 | | special education and related services and in specific disability |
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| 41 | 39 | | categories that results from inappropriate identification. |
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| 42 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 44 | | Act takes effect September 1, 2017. |
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| 45 | + | ______________________________ ______________________________ |
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| 46 | + | President of the Senate Speaker of the House |
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| 47 | + | I hereby certify that S.B. No. 160 passed the Senate on |
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| 48 | + | April 19, 2017, by the following vote: Yeas 31, Nays 0. |
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| 49 | + | ______________________________ |
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| 50 | + | Secretary of the Senate |
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| 51 | + | I hereby certify that S.B. No. 160 passed the House on |
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| 52 | + | May 9, 2017, by the following vote: Yeas 145, Nays 0, two present |
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| 53 | + | not voting. |
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| 54 | + | ______________________________ |
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| 55 | + | Chief Clerk of the House |
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| 56 | + | Approved: |
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| 57 | + | ______________________________ |
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| 58 | + | Date |
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| 59 | + | ______________________________ |
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| 60 | + | Governor |
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