By: Burns, Thompson of Brazoria, VanDeaver, H.B. No. 579
et al.
A BILL TO BE ENTITLED
AN ACT
relating to procedures for the alternative assessment or exemption
from assessment of certain public school students who receive
special education services and alternative accountability plans
for certain campuses serving students who receive special education
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) The agency shall ensure that a student receives an
accommodation applicable to assessment instruments during the
administration of an assessment instrument under this section if
that accommodation is specified in the student's:
(1) individualized education program created under
the Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.); or
(2) plan created under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794).
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02301 to read as follows:
Sec. 39.02301. ALTERNATIVE ASSESSMENT OR EXEMPTION FOR
CERTAIN STUDENTS WITH SIGNIFICANT COGNITIVE DISABILITIES. (a)
Notwithstanding Section 39.023(b) or (b-1) or any other law, and to
the extent consistent with federal law, the parent of or person
standing in parental relation to a student with significant
cognitive disabilities may request that the student be exempted
from the administration of an alternative assessment instrument
adopted or developed under Section 39.023(b) or (b-1).
(b) If a parent or person standing in parental relation
makes a request for exemption under this section, the student's
admission, review, and dismissal committee, in consultation with
the parent or person standing in parental relation and in
compliance with the guidelines adopted under Subsection (c), shall
determine if the student should be:
(1) administered an alternative assessment instrument
under Section 39.023(b) or (b-1);
(2) exempted from administration of both alternative
assessment instruments described by Subdivision (1) and assessed in
the applicable subject using the alternative assessment method
developed under Subsection (d); or
(3) exempted from the administration of assessment
instruments described by Subdivisions (1) and (2).
(c) The commissioner shall establish guidelines to assist a
student's admission, review, and dismissal committee in making a
determination for a student under Subsection (b).
(d) The commissioner, in consultation with stakeholders,
including parents of and persons standing in parental relation to
students with significant cognitive disabilities, shall develop
for each applicable subject an alternative assessment method for
the assessment of students for whom an exemption is requested from
the administration of alternative assessment instruments described
by Subsection (b)(1). The criteria for the assessment method must
include progress on the goals identified in the student's
individualized education plan.
(e) The commissioner shall adopt rules necessary to
implement this section.
SECTION 3. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0547 to read as follows:
Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
In this section, "specialized support campus" means a school
district campus that:
(1) has a campus identification number;
(2) serves students enrolled in any grade level at
which state assessment instruments are administered; and
(3) has a student enrollment in which:
(A) at least 90 percent of students receive
special education services under Subchapter A, Chapter 29; and
(B) a significant percentage of the students
required to take an assessment instrument under Section 39.023:
(i) take an alternative assessment
instrument under Section 39.023(b) or (b-1); and
(ii) are unable to provide an authentic
academic response on that assessment instrument.
(b) The commissioner, in consultation with administrators
of specialized support campuses, teachers at specialized support
campuses, parents and guardians of students enrolled at specialized
support campuses, and other stakeholders, by rule shall establish
appropriate accountability guidelines under this chapter for use by
a specialized support campus in developing an alternative
accountability plan under Subsection (c) based on the specific
student population served by the campus. The commissioner shall
provide for public notice and comment in adopting rules under this
subsection.
(c) A specialized support campus may develop and submit to
the commissioner for approval an alternative accountability plan
tailored to the student population served by the campus, based on
the guidelines established under Subsection (b). The commissioner
may approve the alternative accountability plan only if the plan:
(1) follows the guidelines established under
Subsection (b); and
(2) complies with applicable federal law.
(d) Notwithstanding any other provision of this code, if the
commissioner approves an alternative accountability plan developed
by a specialized support campus under Subsection (c), the
commissioner shall determine, report, and consider the performance
of students enrolled at the campus using that plan.
(e) Not later than December 1, 2026, the commissioner shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the standing legislative committees
with primary jurisdiction over public education a report on the
effectiveness of this section in evaluating specialized support
campuses and any recommendations for legislative or other action.
(f) This section expires September 1, 2027.
SECTION 4. Not later than January 1, 2024, the Texas
Education Agency shall apply to the United States Department of
Education for a waiver of the annual alternate assessment of
students with significant cognitive disabilities required under
the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
the Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.).
SECTION 5. This Act applies beginning with the 2023-2024
school year.
SECTION 6. 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, 2023.