| 1 | 1 | | 89R13488 AMF-D |
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| 2 | 2 | | By: Hull H.B. No. 4383 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the paper administration of certain assessment |
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| 10 | 10 | | instruments and information related to assessment instrument |
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| 11 | 11 | | accommodations for students with disabilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 39.02342, Education Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 39.02342. PAPER ADMINISTRATION OF ASSESSMENT |
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| 16 | 16 | | INSTRUMENTS [ON REQUEST]. (a) A school district shall administer |
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| 17 | 17 | | an assessment instrument required under Section 39.023(a) or (l) to |
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| 18 | 18 | | a student in the third or fourth grade in paper format. |
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| 19 | 19 | | (b) In addition to the required administration of certain |
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| 20 | 20 | | assessment instruments in paper format under Subsection (a) and |
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| 21 | 21 | | subject [Subject] to Subsection (c), a school district may |
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| 22 | 22 | | administer an assessment instrument required under Section |
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| 23 | 23 | | 39.023(a), (c), or (l) in paper format to any student whose parent, |
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| 24 | 24 | | guardian, or teacher in the applicable subject area requests the |
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| 25 | 25 | | assessment instrument be administered to the student in paper |
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| 26 | 26 | | format. |
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| 27 | 27 | | [(b)] A request [for the administration of an assessment |
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| 28 | 28 | | instrument in paper format to a student] under this subsection |
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| 29 | 29 | | [section] must be submitted to the school district: |
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| 30 | 30 | | (1) for a fall administration of an assessment |
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| 31 | 31 | | instrument, not later than September 15 of the school year in which |
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| 32 | 32 | | the assessment instrument will be administered; and |
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| 33 | 33 | | (2) for a spring administration of an assessment |
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| 34 | 34 | | instrument, not later than December 1 of the school year in which |
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| 35 | 35 | | the assessment instrument will be administered. |
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| 36 | 36 | | (c) The board of trustees of a school district may limit the |
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| 37 | 37 | | [The] number of students enrolled at a school district who are |
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| 38 | 38 | | administered an assessment instrument in paper format for any |
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| 39 | 39 | | single administration under Subsection (b) to not less than [this |
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| 40 | 40 | | section may not exceed] three percent of the number of students |
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| 41 | 41 | | enrolled in the district. On receipt by a district that has imposed |
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| 42 | 42 | | a limitation under this subsection of more requests for |
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| 43 | 43 | | administration of an assessment instrument than the maximum number |
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| 44 | 44 | | permitted by the district under this subsection, the district shall |
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| 45 | 45 | | accept the requests in the order received until the maximum number |
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| 46 | 46 | | is reached. A [The] limitation adopted under [described by] this |
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| 47 | 47 | | subsection may [does] not apply to a student who is a student with a |
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| 48 | 48 | | disability as defined by Section 21.001 [whose admission, review, |
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| 49 | 49 | | and dismissal committee determines that the administration of an |
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| 50 | 50 | | assessment instrument in paper format is a necessary modification |
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| 51 | 51 | | for the student]. |
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| 52 | 52 | | SECTION 2. The heading to Section 39.027, Education Code, |
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| 53 | 53 | | is amended to read as follows: |
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| 54 | 54 | | Sec. 39.027. EXEMPTION; INFORMATION RELATED TO ASSESSMENT |
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| 55 | 55 | | ACCOMMODATIONS. |
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| 56 | 56 | | SECTION 3. Section 39.027, Education Code, is amended by |
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| 57 | 57 | | adding Subsection (b-1) to read as follows: |
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| 58 | 58 | | (b-1) The agency shall develop a form that provides |
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| 59 | 59 | | information regarding accommodations applicable to the assessment |
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| 60 | 60 | | instruments administered under Section 39.023 that are available to |
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| 61 | 61 | | a student with a disability, as defined by Section 21.001, |
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| 62 | 62 | | including the administration of the assessment instrument in paper |
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| 63 | 63 | | format under Section 39.02342. Each school district shall provide |
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| 64 | 64 | | the form developed under this subsection to parents or persons |
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| 65 | 65 | | standing in parental relation to students with a disability. |
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| 66 | 66 | | SECTION 4. (a) Each board of trustees of a school district |
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| 67 | 67 | | and each governing body of an open-enrollment charter school shall |
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| 68 | 68 | | take a record vote not later than six months after the effective |
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| 69 | 69 | | date of this Act on whether to impose a limitation under Section |
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| 70 | 70 | | 39.02342(c), Education Code, as amended by this Act, on the number |
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| 71 | 71 | | of students who are administered an assessment instrument in paper |
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| 72 | 72 | | format under Section 39.02342(b), Education Code, as amended by |
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| 73 | 73 | | this Act. |
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| 74 | 74 | | (b) As soon as practicable after the effective date of this |
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| 75 | 75 | | Act, the Texas Education Agency shall develop the form required by |
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| 76 | 76 | | Section 39.027(b-1), Education Code, as added by this Act. |
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| 77 | 77 | | SECTION 5. This Act applies beginning with the 2025-2026 |
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| 78 | 78 | | school year. |
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| 79 | 79 | | SECTION 6. This Act takes effect immediately if it receives |
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| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 83 | 83 | | Act takes effect September 1, 2025. |
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