Texas 2019 - 86th Regular

Texas House Bill HB4613 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Shaheen H.B. No. 4613
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the waiving academic assessment and testing for
7	7	children in special education services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 39.027, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 39.027. EXEMPTION.
12	12	(a) A student may be administered an accommodated or
13	13	alternative assessment instrument or may be granted an exemption
14	14	from or a postponement of the administration of an assessment
15	15	instrument under:
16	16	(1) Section 39.023(a), (b), (c), or (l) for a period of
17	17	up to one year after initial enrollment in a school in the United
18	18	States if the student is of limited English proficiency, as defined
19	19	by Section 29.052, and has not demonstrated proficiency in English
20	20	as determined by the assessment system under Subsection (e);
21	21	(2) Section 39.023(a), (b), (c), or (l) for a period of
22	22	up to two years in addition to the exemption period authorized by
23	23	Subdivision (1) if the student has received an exemption under
24	24	Subdivision (1) and:
25	25	(A) is a recent unschooled immigrant; or
26	26	(B) is in a grade for which no assessment
27	27	instrument in the primary language of the student is available; or
28	28	(3) Section 39.023(a), (b), (c), or (l) for a period of
29	29	up to four years, in addition to the exemption period authorized
30	30	under Subdivision (1), if the student's initial enrollment in a
31	31	school in the United States was as an unschooled asylee or refugee.
32	32	(a-1) For purposes of this section, "unschooled asylee or
33	33	refugee" means a student who:
34	34	(1) initially enrolled in a school in the United
35	35	States as:
36	36	(A) an asylee as defined by 45 C.F.R. Section
37	37	400.41; or
38	38	(B) a refugee as defined by 8 U.S.C. Section
39	39	1101;
40	40	(2) has a visa issued by the United States Department
41	41	of State with a Form I-94 Arrival/Departure record, or a successor
42	42	document, issued by the United States Citizenship and Immigration
43	43	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
44	44	(3) as a result of inadequate schooling outside of the
45	45	United States, lacks the necessary foundation in the essential
46	46	knowledge and skills of the curriculum prescribed under Section
47	47	28.002, as determined by the language proficiency assessment
48	48	committee established under Section 29.063.
49	49	(a-2) Unless a student is enrolled in a school in the United
50	50	States for a period of at least 60 consecutive days during a year,
51	51	the student may not be considered to be enrolled in a school in the
52	52	United States for that year for the purpose of determining a number
53	53	of years under Subsection (a)(1), (2), or (3).
54	54	(b) The State Board of Education shall adopt rules under
55	55	which a dyslexic student who is not exempt under Subsection (a) may
56	56	use procedures including oral examinations if appropriate or may be
57	57	allowed additional time or the materials or technology necessary
58	58	for the student to demonstrate the student's mastery of the
59	59	competencies the assessment instruments are designed to measure.
60	60	(c) The commissioner shall develop and adopt a process for
61	61	reviewing the exemption process of a school district or shared
62	62	services arrangement that gives an exemption under Subsection
63	63	(a)(1) as follows:
64	64	(1) to more than five percent of the students in the
65	65	special education program, in the case of a district or shared
66	66	services arrangement with an average daily attendance of at least
67	67	1,600;
68	68	(2) to more than 10 percent of the students in the
69	69	special education program, in the case of a district or shared
70	70	services arrangement with an average daily attendance of at least
71	71	190 and not more than 1,599; or
72	72	(3) to the greater of more than 10 percent of the
73	73	students in the special education program or to at least five
74	74	students in the special education program, in the case of a district
75	75	or shared services arrangement with an average daily attendance of
76	76	not more than 189.
77	77	(d) Expired.
78	78	(e) The commissioner shall develop an assessment system
79	79	that shall be used for evaluating the academic progress, including
80	80	reading proficiency in English, of all students of limited English
81	81	proficiency, as defined by Section 29.052. A student who is exempt
82	82	from the administration of an assessment instrument under
83	83	Subsection (a)(1) or (2) who achieves reading proficiency in
84	84	English as determined by the assessment system developed under this
85	85	subsection shall be administered the assessment instruments
86	86	described by Sections 39.023(a) and (c). The performance under the
87	87	assessment system developed under this subsection of students to
88	88	whom Subsection (a)(1) or (2) applies shall be included in the
89	89	indicator systems under Section 39.301, as applicable, the
90	90	performance report under Section 39.306, and the comprehensive
91	91	biennial report under Section 39.332. This information shall be
92	92	provided in a manner that is disaggregated by the bilingual
93	93	education or special language program, if any, in which the student
94	94	is enrolled.
95	95	(f) In this section, "average daily attendance" is computed
96	96	in the manner provided by Section 42.005.
97	97	(g) For purposes of this section, "recent unschooled
98	98	immigrant" means an immigrant who initially enrolled in a school in
99	99	the United States not more than 12 months before the date of the
100	100	administration of an assessment instrument under Section 39.023(a)
101	101	or (l) and who, as a result of inadequate schooling outside of the
102	102	United States, lacks the necessary foundation in the essential
103	103	knowledge and skills of the curriculum prescribed under Section
104	104	28.002 as determined by the language proficiency assessment
105	105	committee established under Section 29.063. For purposes of this
106	106	subsection and to the extent authorized by federal law, a child's
107	107	prior enrollment in a school in the United States shall be
108	108	determined on the basis of documents and records required under
109	109	Section 25.002(a).
110	110	(h)Texas Education testing requirements are waived for
111	111	individuals who qualify for Special education instruction as
112	112	determined under Section 29.003
113	113	SECTION 2. Section 29.002, Education Code, is amended to
114	114	read as follows:
115	115	Sec. 29.002. DEFINITION. In this subchapter, "special
116	116	services" means:
117	117	(1) special education instruction, which may be
118	118	provided by professional and supported by paraprofessional
119	119	personnel in the regular classroom or in an instructional
120	120	arrangement described by Section 42.151; and
121	121	(2) related services, which are developmental,
122	122	corrective, supportive, or evaluative services, not instructional
123	123	in nature, that may be required for the student to benefit from
124	124	special education instruction and for implementation of a student's
125	125	individualized education program.
126	126	(3) Special Education testing requirements exemption
127	127	waiver from State mandated testing:
128	128	(a) that inhibited their education learning
129	129	outcomes.
130	130	(b) Texas Education Agency in conjunction with
131	131	the United State Department of Education determine testing is not
132	132	applicable.
133	133	SECTION 3. Section 29.003, Education Code, is amended to
134	134	read as follows:
135	135	Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
136	136	develop specific eligibility criteria based on the general
137	137	classifications established by this section with reference to
138	138	contemporary diagnostic or evaluative terminologies and
139	139	techniques. Eligible students with disabilities shall enjoy the
140	140	right to a free appropriate public education, which may include
141	141	instruction in the regular classroom, instruction through special
142	142	teaching, Waivers to State mandated testing and federal testing as
143	143	possibly through a waiver of Federal Education Testing requirements
144	144	or instruction through contracts approved under this subchapter.
145	145	Instruction shall be supplemented by the provision of related
146	146	services when appropriate.
147	147	(b) A student is eligible to participate in a school
148	148	district's special education program if the student:
149	149	(1) is not more than 21 years of age and has a visual or
150	150	auditory impairment that prevents the student from being adequately
151	151	or safely educated in public school without the provision of
152	152	special services; or
153	153	(2) is at least three but not more than 21 years of age
154	154	and has one or more of the following disabilities that prevents the
155	155	student from being adequately or safely educated in public school
156	156	without the provision of special services:
157	157	(A) physical disability;
158	158	(B) mental retardation;
159	159	(C) emotional disturbance;
160	160	(D) learning disability;
161	161	(E) autism;
162	162	(F) speech disability; or
163	163	(G) traumatic brain injury.
164	164	SECTION 4. This Act applies beginning with the 2019-2020
165	165	school year.
166	166	SECTION 5. This Act takes effect immediately if it receives
167	167	a vote of two-thirds of all the members elected to each house, as
168	168	provided by Section 39, Article III, Texas Constitution. If this
169	169	Act does not receive the vote necessary for immediate effect, this
170	170	Act takes effect September 1, 2019.