Texas 2023 - 88th Regular

Texas House Bill HB579 Compare Versions

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1	1	By: Burns, Thompson of Brazoria, VanDeaver, H.B. No. 579
2	2	et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for the alternative assessment or exemption
8	8	from assessment of certain public school students who receive
9	9	special education services and alternative accountability plans
10	10	for certain campuses serving students who receive special education
11	11	services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 39.023, Education Code, is amended by
14	14	adding Subsection (b-2) to read as follows:
15	15	(b-2) The agency shall ensure that a student receives an
16	16	accommodation applicable to assessment instruments during the
17	17	administration of an assessment instrument under this section if
18	18	that accommodation is specified in the student's:
19	19	(1) individualized education program created under
20	20	the Individuals with Disabilities Education Act (20 U.S.C. Section
21	21	1400 et seq.); or
22	22	(2) plan created under Section 504, Rehabilitation Act
23	23	of 1973 (29 U.S.C. Section 794).
24	24	SECTION 2. Subchapter B, Chapter 39, Education Code, is
25	25	amended by adding Section 39.02301 to read as follows:
26	26	Sec. 39.02301. ALTERNATIVE ASSESSMENT OR EXEMPTION FOR
27	27	CERTAIN STUDENTS WITH SIGNIFICANT COGNITIVE DISABILITIES. (a)
28	28	Notwithstanding Section 39.023(b) or (b-1) or any other law, and to
29	29	the extent consistent with federal law, the parent of or person
30	30	standing in parental relation to a student with significant
31	31	cognitive disabilities may request that the student be exempted
32	32	from the administration of an alternative assessment instrument
33	33	adopted or developed under Section 39.023(b) or (b-1).
34	34	(b) If a parent or person standing in parental relation
35	35	makes a request for exemption under this section, the student's
36	36	admission, review, and dismissal committee, in consultation with
37	37	the parent or person standing in parental relation and in
38	38	compliance with the guidelines adopted under Subsection (c), shall
39	39	determine if the student should be:
40	40	(1) administered an alternative assessment instrument
41	41	under Section 39.023(b) or (b-1);
42	42	(2) exempted from administration of both alternative
43	43	assessment instruments described by Subdivision (1) and assessed in
44	44	the applicable subject using the alternative assessment method
45	45	developed under Subsection (d); or
46	46	(3) exempted from the administration of assessment
47	47	instruments described by Subdivisions (1) and (2).
48	48	(c) The commissioner shall establish guidelines to assist a
49	49	student's admission, review, and dismissal committee in making a
50	50	determination for a student under Subsection (b).
51	51	(d) The commissioner, in consultation with stakeholders,
52	52	including parents of and persons standing in parental relation to
53	53	students with significant cognitive disabilities, shall develop
54	54	for each applicable subject an alternative assessment method for
55	55	the assessment of students for whom an exemption is requested from
56	56	the administration of alternative assessment instruments described
57	57	by Subsection (b)(1). The criteria for the assessment method must
58	58	include progress on the goals identified in the student's
59	59	individualized education plan.
60	60	(e) The commissioner shall adopt rules necessary to
61	61	implement this section.
62	62	SECTION 3. Subchapter C, Chapter 39, Education Code, is
63	63	amended by adding Section 39.0547 to read as follows:
64	64	Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
65	65	In this section, "specialized support campus" means a school
66	66	district campus that:
67	67	(1) has a campus identification number;
68	68	(2) serves students enrolled in any grade level at
69	69	which state assessment instruments are administered; and
70	70	(3) has a student enrollment in which:
71	71	(A) at least 90 percent of students receive
72	72	special education services under Subchapter A, Chapter 29; and
73	73	(B) a significant percentage of the students
74	74	required to take an assessment instrument under Section 39.023:
75	75	(i) take an alternative assessment
76	76	instrument under Section 39.023(b) or (b-1); and
77	77	(ii) are unable to provide an authentic
78	78	academic response on that assessment instrument.
79	79	(b) The commissioner, in consultation with administrators
80	80	of specialized support campuses, teachers at specialized support
81	81	campuses, parents and guardians of students enrolled at specialized
82	82	support campuses, and other stakeholders, by rule shall establish
83	83	appropriate accountability guidelines under this chapter for use by
84	84	a specialized support campus in developing an alternative
85	85	accountability plan under Subsection (c) based on the specific
86	86	student population served by the campus. The commissioner shall
87	87	provide for public notice and comment in adopting rules under this
88	88	subsection.
89	89	(c) A specialized support campus may develop and submit to
90	90	the commissioner for approval an alternative accountability plan
91	91	tailored to the student population served by the campus, based on
92	92	the guidelines established under Subsection (b). The commissioner
93	93	may approve the alternative accountability plan only if the plan:
94	94	(1) follows the guidelines established under
95	95	Subsection (b); and
96	96	(2) complies with applicable federal law.
97	97	(d) Notwithstanding any other provision of this code, if the
98	98	commissioner approves an alternative accountability plan developed
99	99	by a specialized support campus under Subsection (c), the
100	100	commissioner shall determine, report, and consider the performance
101	101	of students enrolled at the campus using that plan.
102	102	(e) Not later than December 1, 2026, the commissioner shall
103	103	submit to the governor, the lieutenant governor, the speaker of the
104	104	house of representatives, and the standing legislative committees
105	105	with primary jurisdiction over public education a report on the
106	106	effectiveness of this section in evaluating specialized support
107	107	campuses and any recommendations for legislative or other action.
108	108	(f) This section expires September 1, 2027.
109	109	SECTION 4. Not later than January 1, 2024, the Texas
110	110	Education Agency shall apply to the United States Department of
111	111	Education for a waiver of the annual alternate assessment of
112	112	students with significant cognitive disabilities required under
113	113	the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
114	114	the Individuals with Disabilities Education Act (20 U.S.C. Section
115	115	1400 et seq.).
116	116	SECTION 5. This Act applies beginning with the 2023-2024
117	117	school year.
118	118	SECTION 6. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2023.