86R4602 JES-D
By: Burns H.B. No. 1906
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from or federal waiver of the annual
assessment requirements for public school students with
significant cognitive disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) Notwithstanding Subsection (b), (b-1), or any other
law, and to the extent consistent with federal law, the parent of or
person standing in parental relation to a significantly cognitively
disabled student may request that the student be exempted from the
administration of an alternative assessment instrument adopted or
developed under Subsection (b) or (b-1). If a parent or person
standing in parental relation makes a request for exemption under
this subsection, the student's admission, review, and dismissal
committee, in consultation with the parent or person standing in
parental relation, shall determine:
(1) if the student should be exempted from
administration of the alternative assessment instrument; and
(2) if the student is exempted from administration of
the alternative assessment instrument, whether another appropriate
method to assess the student's progress is available.
SECTION 2. Not later than January 1, 2020, the Texas
Education Agency shall apply to the United States Department of
Education for a waiver of the annual alternate assessment of
students with significant cognitive disabilities required under
the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
the Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.).
SECTION 3. This Act applies beginning with the 2019-2020
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, 2019.