TX
Texas House Bill HB1906

Texas 2019 - 86th Regular

Texas House Bill HB1906 Compare Versions

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1-By: Burns, Shaheen H.B. No. 1906
1+86R4602 JES-D
2+ By: Burns H.B. No. 1906
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45 A BILL TO BE ENTITLED
56 AN ACT
6- relating to procedures for the alternative assessment of certain
7- public school students that receive special education services and
8- alternative accountability plans for certain campuses serving
9- students that receive special education services.
7+ relating to an exemption from or federal waiver of the annual
8+ assessment requirements for public school students with
9+ significant cognitive disabilities.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 39.023, Education Code, is amended by
12- adding Subsections (b-2) and (b-3) to read as follows:
12+ adding Subsection (b-2) to read as follows:
1313 (b-2) Notwithstanding Subsection (b), (b-1), or any other
1414 law, and to the extent consistent with federal law, the parent of or
15- person standing in parental relation to a student with significant
16- cognitive disabilities may request that the student be exempted
17- from the administration of an alternative assessment instrument
18- adopted or developed under Subsection (b) or (b-1). If a parent or
19- person standing in parental relation makes a request for exemption
20- under this subsection, the student's admission, review, and
21- dismissal committee, in consultation with the parent or person
22- standing in parental relation, shall determine if the student
23- should be exempted from administration of the alternative
24- assessment instrument. If the student is exempted from
25- administration of the alternative assessment instrument under this
26- subsection, the student must be assessed in the applicable subject
27- using the alternative assessment method developed under Subsection
28- (b-3).
29- (b-3) The commissioner, in consultation with stakeholders,
30- including parents of and persons standing in parental relation to
31- students with significant cognitive disabilities, shall develop
32- for each applicable subject an alternative assessment method for
33- the assessment of students who receive an exemption from the
34- administration of an alternative assessment instrument under
35- Subsection (b-2). The criteria for the assessment method must
36- include progress on the goals identified in the student's
37- individualized education plan. The commissioner shall adopt rules
38- necessary to implement this subsection.
39- SECTION 2. Subchapter C, Chapter 39, Education Code, is
40- amended by adding Section 39.0547 to read as follows:
41- Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
42- In this section, "specialized support campus" means a school
43- district campus that:
44- (1) has a campus identification number;
45- (2) serves students enrolled in any grade level at
46- which state assessment instruments are administered; and
47- (3) has a student enrollment in which:
48- (A) at least 90 percent of students receive
49- special education services under Subchapter A, Chapter 29; and
50- (B) a significant percentage of the students
51- required to take an assessment instrument under Section 39.023:
52- (i) take an alternative assessment
53- instrument under Section 39.023(b) or (b-1); and
54- (ii) are unable to provide an authentic
55- academic response on that assessment instrument.
56- (b) The commissioner, in consultation with administrators
57- of specialized support campuses, teachers at specialized support
58- campuses, parents and guardians of students enrolled at specialized
59- support campuses, and other stakeholders, by rule shall establish
60- appropriate accountability guidelines under this chapter for use by
61- a specialized support campus in developing an alternative
62- accountability plan under Subsection (c) based on the specific
63- student population served by the campus. The commissioner shall
64- provide for public notice and comment in adopting rules under this
65- subsection.
66- (c) A specialized support campus may develop and submit to
67- the commissioner for approval an alternative accountability plan
68- tailored to the student population served by the campus, based on
69- the guidelines established under Subsection (b). The commissioner
70- may approve the alternative accountability plan only if the plan:
71- (1) follows the guidelines established under
72- Subsection (b); and
73- (2) complies with applicable federal law.
74- (d) Notwithstanding any other provision of this code, if the
75- commissioner approves an alternative accountability plan developed
76- by a specialized support campus under Subsection (c), the
77- commissioner shall determine, report, and consider the performance
78- of students enrolled at the campus using that plan.
79- (e) Not later than December 1, 2022, the commissioner shall
80- submit to the governor, the lieutenant governor, the speaker of the
81- house of representatives, and the standing legislative committees
82- with primary jurisdiction over public education a report on the
83- effectiveness of this section in evaluating specialized support
84- campuses and any recommendations for legislative or other action.
85- (f) This section expires September 1, 2023.
86- SECTION 3. Not later than January 1, 2020, the Texas
15+ person standing in parental relation to a significantly cognitively
16+ disabled student may request that the student be exempted from the
17+ administration of an alternative assessment instrument adopted or
18+ developed under Subsection (b) or (b-1). If a parent or person
19+ standing in parental relation makes a request for exemption under
20+ this subsection, the student's admission, review, and dismissal
21+ committee, in consultation with the parent or person standing in
22+ parental relation, shall determine:
23+ (1) if the student should be exempted from
24+ administration of the alternative assessment instrument; and
25+ (2) if the student is exempted from administration of
26+ the alternative assessment instrument, whether another appropriate
27+ method to assess the student's progress is available.
28+ SECTION 2. Not later than January 1, 2020, the Texas
8729 Education Agency shall apply to the United States Department of
8830 Education for a waiver of the annual alternate assessment of
8931 students with significant cognitive disabilities required under
9032 the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
9133 the Individuals with Disabilities Education Act (20 U.S.C. Section
9234 1400 et seq.).
93- SECTION 4. This Act applies beginning with the 2019-2020
35+ SECTION 3. This Act applies beginning with the 2019-2020
9436 school year.
95- SECTION 5. This Act takes effect immediately if it receives
37+ SECTION 4. This Act takes effect immediately if it receives
9638 a vote of two-thirds of all the members elected to each house, as
9739 provided by Section 39, Article III, Texas Constitution. If this
9840 Act does not receive the vote necessary for immediate effect, this
9941 Act takes effect September 1, 2019.