By: Shaheen H.B. No. 4613
A BILL TO BE ENTITLED
AN ACT
relating to the waiving academic assessment and testing for
children in special education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.027, Education Code, is amended to
read as follows:
Sec. 39.027. EXEMPTION.
(a) A student may be administered an accommodated or
alternative assessment instrument or may be granted an exemption
from or a postponement of the administration of an assessment
instrument under:
(1) Section 39.023(a), (b), (c), or (l) for a period of
up to one year after initial enrollment in a school in the United
States if the student is of limited English proficiency, as defined
by Section 29.052, and has not demonstrated proficiency in English
as determined by the assessment system under Subsection (e);
(2) Section 39.023(a), (b), (c), or (l) for a period of
up to two years in addition to the exemption period authorized by
Subdivision (1) if the student has received an exemption under
Subdivision (1) and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no assessment
instrument in the primary language of the student is available; or
(3) Section 39.023(a), (b), (c), or (l) for a period of
up to four years, in addition to the exemption period authorized
under Subdivision (1), if the student's initial enrollment in a
school in the United States was as an unschooled asylee or refugee.
(a-1) For purposes of this section, "unschooled asylee or
refugee" means a student who:
(1) initially enrolled in a school in the United
States as:
(A) an asylee as defined by 45 C.F.R. Section
400.41; or
(B) a refugee as defined by 8 U.S.C. Section
1101;
(2) has a visa issued by the United States Department
of State with a Form I-94 Arrival/Departure record, or a successor
document, issued by the United States Citizenship and Immigration
Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
(3) as a result of inadequate schooling outside of the
United States, lacks the necessary foundation in the essential
knowledge and skills of the curriculum prescribed under Section
28.002, as determined by the language proficiency assessment
committee established under Section 29.063.
(a-2) Unless a student is enrolled in a school in the United
States for a period of at least 60 consecutive days during a year,
the student may not be considered to be enrolled in a school in the
United States for that year for the purpose of determining a number
of years under Subsection (a)(1), (2), or (3).
(b) The State Board of Education shall adopt rules under
which a dyslexic student who is not exempt under Subsection (a) may
use procedures including oral examinations if appropriate or may be
allowed additional time or the materials or technology necessary
for the student to demonstrate the student's mastery of the
competencies the assessment instruments are designed to measure.
(c) The commissioner shall develop and adopt a process for
reviewing the exemption process of a school district or shared
services arrangement that gives an exemption under Subsection
(a)(1) as follows:
(1) to more than five percent of the students in the
special education program, in the case of a district or shared
services arrangement with an average daily attendance of at least
1,600;
(2) to more than 10 percent of the students in the
special education program, in the case of a district or shared
services arrangement with an average daily attendance of at least
190 and not more than 1,599; or
(3) to the greater of more than 10 percent of the
students in the special education program or to at least five
students in the special education program, in the case of a district
or shared services arrangement with an average daily attendance of
not more than 189.
(d) Expired.
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(1) or (2) who achieves reading proficiency in
English as determined by the assessment system developed under this
subsection shall be administered the assessment instruments
described by Sections 39.023(a) and (c). The performance under the
assessment system developed under this subsection of students to
whom Subsection (a)(1) or (2) applies shall be included in the
indicator systems under Section 39.301, as applicable, the
performance report under Section 39.306, and the comprehensive
biennial report under Section 39.332. This information shall be
provided in a manner that is disaggregated by the bilingual
education or special language program, if any, in which the student
is enrolled.
(f) In this section, "average daily attendance" is computed
in the manner provided by Section 42.005.
(g) For purposes of this section, "recent unschooled
immigrant" means an immigrant who initially enrolled in a school in
the United States not more than 12 months before the date of the
administration of an assessment instrument under Section 39.023(a)
or (l) and who, as a result of inadequate schooling outside of the
United States, lacks the necessary foundation in the essential
knowledge and skills of the curriculum prescribed under Section
28.002 as determined by the language proficiency assessment
committee established under Section 29.063. For purposes of this
subsection and to the extent authorized by federal law, a child's
prior enrollment in a school in the United States shall be
determined on the basis of documents and records required under
Section 25.002(a).
(h)Texas Education testing requirements are waived for
individuals who qualify for Special education instruction as
determined under Section 29.003
SECTION 2. Section 29.002, Education Code, is amended to
read as follows:
Sec. 29.002. DEFINITION. In this subchapter, "special
services" means:
(1) special education instruction, which may be
provided by professional and supported by paraprofessional
personnel in the regular classroom or in an instructional
arrangement described by Section 42.151; and
(2) related services, which are developmental,
corrective, supportive, or evaluative services, not instructional
in nature, that may be required for the student to benefit from
special education instruction and for implementation of a student's
individualized education program.
(3) Special Education testing requirements exemption
waiver from State mandated testing:
(a) that inhibited their education learning
outcomes.
(b) Texas Education Agency in conjunction with
the United State Department of Education determine testing is not
applicable.
SECTION 3. Section 29.003, Education Code, is amended to
read as follows:
Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
develop specific eligibility criteria based on the general
classifications established by this section with reference to
contemporary diagnostic or evaluative terminologies and
techniques. Eligible students with disabilities shall enjoy the
right to a free appropriate public education, which may include
instruction in the regular classroom, instruction through special
teaching, Waivers to State mandated testing and federal testing as
possibly through a waiver of Federal Education Testing requirements
or instruction through contracts approved under this subchapter.
Instruction shall be supplemented by the provision of related
services when appropriate.
(b) A student is eligible to participate in a school
district's special education program if the student:
(1) is not more than 21 years of age and has a visual or
auditory impairment that prevents the student from being adequately
or safely educated in public school without the provision of
special services; or
(2) is at least three but not more than 21 years of age
and has one or more of the following disabilities that prevents the
student from being adequately or safely educated in public school
without the provision of special services:
(A) physical disability;
(B) mental retardation;
(C) emotional disturbance;
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
SECTION 4. This Act applies beginning with the 2019-2020
school year.
SECTION 5. 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.