89R13488 AMF-D
By: Hull H.B. No. 4383
A BILL TO BE ENTITLED
AN ACT
relating to the paper administration of certain assessment
instruments and information related to assessment instrument
accommodations for students with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.02342, Education Code, is amended to
read as follows:
Sec. 39.02342. PAPER ADMINISTRATION OF ASSESSMENT
INSTRUMENTS [ON REQUEST]. (a) A school district shall administer
an assessment instrument required under Section 39.023(a) or (l) to
a student in the third or fourth grade in paper format.
(b) In addition to the required administration of certain
assessment instruments in paper format under Subsection (a) and
subject [Subject] to Subsection (c), a school district may
administer an assessment instrument required under Section
39.023(a), (c), or (l) in paper format to any student whose parent,
guardian, or teacher in the applicable subject area requests the
assessment instrument be administered to the student in paper
format.
[(b)] A request [for the administration of an assessment
instrument in paper format to a student] under this subsection
[section] must be submitted to the school district:
(1) for a fall administration of an assessment
instrument, not later than September 15 of the school year in which
the assessment instrument will be administered; and
(2) for a spring administration of an assessment
instrument, not later than December 1 of the school year in which
the assessment instrument will be administered.
(c) The board of trustees of a school district may limit the
[The] number of students enrolled at a school district who are
administered an assessment instrument in paper format for any
single administration under Subsection (b) to not less than [this
section may not exceed] three percent of the number of students
enrolled in the district. On receipt by a district that has imposed
a limitation under this subsection of more requests for
administration of an assessment instrument than the maximum number
permitted by the district under this subsection, the district shall
accept the requests in the order received until the maximum number
is reached. A [The] limitation adopted under [described by] this
subsection may [does] not apply to a student who is a student with a
disability as defined by Section 21.001 [whose admission, review,
and dismissal committee determines that the administration of an
assessment instrument in paper format is a necessary modification
for the student].
SECTION 2. The heading to Section 39.027, Education Code,
is amended to read as follows:
Sec. 39.027. EXEMPTION; INFORMATION RELATED TO ASSESSMENT
ACCOMMODATIONS.
SECTION 3. Section 39.027, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The agency shall develop a form that provides
information regarding accommodations applicable to the assessment
instruments administered under Section 39.023 that are available to
a student with a disability, as defined by Section 21.001,
including the administration of the assessment instrument in paper
format under Section 39.02342. Each school district shall provide
the form developed under this subsection to parents or persons
standing in parental relation to students with a disability.
SECTION 4. (a) Each board of trustees of a school district
and each governing body of an open-enrollment charter school shall
take a record vote not later than six months after the effective
date of this Act on whether to impose a limitation under Section
39.02342(c), Education Code, as amended by this Act, on the number
of students who are administered an assessment instrument in paper
format under Section 39.02342(b), Education Code, as amended by
this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Education Agency shall develop the form required by
Section 39.027(b-1), Education Code, as added by this Act.
SECTION 5. This Act applies beginning with the 2025-2026
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, 2025.