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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for the alternative assessment of certain |
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public school students that receive special education services and |
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alternative accountability plans for certain campuses serving |
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students that receive special education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.023, Education Code, is amended by |
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adding Subsections (b-2) and (b-3) to read as follows: |
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(b-2) Notwithstanding Subsection (b), (b-1), or any other |
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law, and to the extent consistent with federal law, the parent of or |
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person standing in parental relation to a student with significant |
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cognitive disabilities may request that the student be exempted |
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from the administration of an alternative assessment instrument |
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adopted or developed under Subsection (b) or (b-1). If a parent or |
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person standing in parental relation makes a request for exemption |
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under this subsection, the student's admission, review, and |
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dismissal committee, in consultation with the parent or person |
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standing in parental relation, shall determine if the student |
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should be exempted from administration of the alternative |
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assessment instrument. If the student is exempted from |
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administration of the alternative assessment instrument under this |
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subsection, the student must be assessed in the applicable subject |
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using the alternative assessment method developed under Subsection |
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(b-3). |
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(b-3) The commissioner, in consultation with stakeholders, |
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including parents of and persons standing in parental relation to |
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students with significant cognitive disabilities, shall develop |
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for each applicable subject an alternative assessment method for |
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the assessment of students who receive an exemption from the |
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administration of an alternative assessment instrument under |
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Subsection (b-2). The criteria for the assessment method must |
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include progress on the goals identified in the student's |
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individualized education plan. The commissioner shall adopt rules |
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necessary to implement this subsection. |
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SECTION 2. Subchapter C, Chapter 39, Education Code, is |
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amended by adding Section 39.0547 to read as follows: |
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Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a) |
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In this section, "specialized support campus" means a school |
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district campus that: |
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(1) has a campus identification number; |
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(2) serves students enrolled in any grade level at |
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which state assessment instruments are administered; and |
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(3) has a student enrollment in which: |
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(A) at least 90 percent of students receive |
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special education services under Subchapter A, Chapter 29; and |
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(B) a significant percentage of the students |
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required to take an assessment instrument under Section 39.023: |
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(i) take an alternative assessment |
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instrument under Section 39.023(b) or (b-1); and |
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(ii) are unable to provide an authentic |
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academic response on that assessment instrument. |
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(b) The commissioner, in consultation with administrators |
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of specialized support campuses, teachers at specialized support |
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campuses, parents and guardians of students enrolled at specialized |
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support campuses, and other stakeholders, by rule shall establish |
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appropriate accountability guidelines under this chapter for use by |
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a specialized support campus in developing an alternative |
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accountability plan under Subsection (c) based on the specific |
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student population served by the campus. The commissioner shall |
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provide for public notice and comment in adopting rules under this |
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subsection. |
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(c) A specialized support campus may develop and submit to |
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the commissioner for approval an alternative accountability plan |
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tailored to the student population served by the campus, based on |
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the guidelines established under Subsection (b). The commissioner |
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may approve the alternative accountability plan only if the plan: |
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(1) follows the guidelines established under |
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Subsection (b); and |
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(2) complies with applicable federal law. |
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(d) Notwithstanding any other provision of this code, if the |
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commissioner approves an alternative accountability plan developed |
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by a specialized support campus under Subsection (c), the |
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commissioner shall determine, report, and consider the performance |
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of students enrolled at the campus using that plan. |
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(e) Not later than December 1, 2024, the commissioner shall |
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submit to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the standing legislative committees |
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with primary jurisdiction over public education a report on the |
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effectiveness of this section in evaluating specialized support |
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campuses and any recommendations for legislative or other action. |
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(f) This section expires September 1, 2025. |
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SECTION 3. Not later than January 1, 2022, the Texas |
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Education Agency shall apply to the United States Department of |
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Education for a waiver of the annual alternate assessment of |
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students with significant cognitive disabilities required under |
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the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and |
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the Individuals with Disabilities Education Act (20 U.S.C. Section |
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1400 et seq.). |
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SECTION 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |