Texas 2021 - 87th Regular

Texas House Bill HB742 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R1376 JES-D
2		-	By: Burns~~, Guillen~~ H.B. No. 742
	2	+	By: Burns H.B. No. 742
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to procedures for the alternative assessment of certain
8	8		public school students that receive special education services and
9	9		alternative accountability plans for certain campuses serving
10	10		students that receive special education services.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 39.023, Education Code, is amended by
13	13		adding Subsections (b-2) and (b-3) to read as follows:
14	14		(b-2) Notwithstanding Subsection (b), (b-1), or any other
15	15		law, and to the extent consistent with federal law, the parent of or
16	16		person standing in parental relation to a student with significant
17	17		cognitive disabilities may request that the student be exempted
18	18		from the administration of an alternative assessment instrument
19	19		adopted or developed under Subsection (b) or (b-1). If a parent or
20	20		person standing in parental relation makes a request for exemption
21	21		under this subsection, the student's admission, review, and
22	22		dismissal committee, in consultation with the parent or person
23	23		standing in parental relation, shall determine if the student
24	24		should be exempted from administration of the alternative
25	25		assessment instrument. If the student is exempted from
26	26		administration of the alternative assessment instrument under this
27	27		subsection, the student must be assessed in the applicable subject
28	28		using the alternative assessment method developed under Subsection
29	29		(b-3).
30	30		(b-3) The commissioner, in consultation with stakeholders,
31	31		including parents of and persons standing in parental relation to
32	32		students with significant cognitive disabilities, shall develop
33	33		for each applicable subject an alternative assessment method for
34	34		the assessment of students who receive an exemption from the
35	35		administration of an alternative assessment instrument under
36	36		Subsection (b-2). The criteria for the assessment method must
37	37		include progress on the goals identified in the student's
38	38		individualized education plan. The commissioner shall adopt rules
39	39		necessary to implement this subsection.
40	40		SECTION 2. Subchapter C, Chapter 39, Education Code, is
41	41		amended by adding Section 39.0547 to read as follows:
42	42		Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
43	43		In this section, "specialized support campus" means a school
44	44		district campus that:
45	45		(1) has a campus identification number;
46	46		(2) serves students enrolled in any grade level at
47	47		which state assessment instruments are administered; and
48	48		(3) has a student enrollment in which:
49	49		(A) at least 90 percent of students receive
50	50		special education services under Subchapter A, Chapter 29; and
51	51		(B) a significant percentage of the students
52	52		required to take an assessment instrument under Section 39.023:
53	53		(i) take an alternative assessment
54	54		instrument under Section 39.023(b) or (b-1); and
55	55		(ii) are unable to provide an authentic
56	56		academic response on that assessment instrument.
57	57		(b) The commissioner, in consultation with administrators
58	58		of specialized support campuses, teachers at specialized support
59	59		campuses, parents and guardians of students enrolled at specialized
60	60		support campuses, and other stakeholders, by rule shall establish
61	61		appropriate accountability guidelines under this chapter for use by
62	62		a specialized support campus in developing an alternative
63	63		accountability plan under Subsection (c) based on the specific
64	64		student population served by the campus. The commissioner shall
65	65		provide for public notice and comment in adopting rules under this
66	66		subsection.
67	67		(c) A specialized support campus may develop and submit to
68	68		the commissioner for approval an alternative accountability plan
69	69		tailored to the student population served by the campus, based on
70	70		the guidelines established under Subsection (b). The commissioner
71	71		may approve the alternative accountability plan only if the plan:
72	72		(1) follows the guidelines established under
73	73		Subsection (b); and
74	74		(2) complies with applicable federal law.
75	75		(d) Notwithstanding any other provision of this code, if the
76	76		commissioner approves an alternative accountability plan developed
77	77		by a specialized support campus under Subsection (c), the
78	78		commissioner shall determine, report, and consider the performance
79	79		of students enrolled at the campus using that plan.
80	80		(e) Not later than December 1, 2024, the commissioner shall
81	81		submit to the governor, the lieutenant governor, the speaker of the
82	82		house of representatives, and the standing legislative committees
83	83		with primary jurisdiction over public education a report on the
84	84		effectiveness of this section in evaluating specialized support
85	85		campuses and any recommendations for legislative or other action.
86	86		(f) This section expires September 1, 2025.
87	87		SECTION 3. Not later than January 1, 2022, the Texas
88	88		Education Agency shall apply to the United States Department of
89	89		Education for a waiver of the annual alternate assessment of
90	90		students with significant cognitive disabilities required under
91	91		the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
92	92		the Individuals with Disabilities Education Act (20 U.S.C. Section
93	93		1400 et seq.).
94	94		SECTION 4. This Act applies beginning with the 2021-2022
95	95		school year.
96	96		SECTION 5. This Act takes effect immediately if it receives
97	97		a vote of two-thirds of all the members elected to each house, as
98	98		provided by Section 39, Article III, Texas Constitution. If this
99	99		Act does not receive the vote necessary for immediate effect, this
100	100		Act takes effect September 1, 2021.