Amend CSSB 103 as follows:
(1) In SECTION 4 of the bill, strike the introductory
language (House
Committee Report, page 2, lines 20 and 21), and
substitute the following:
SECTION 4. Section 39.023, Education Code, is amended by
amending
Subsections (a), (c), (e), and (g) and adding Subsections
(l) and (m) to read
as follows:
(2) In SECTION 4 of the bill, in amended Subsection (a),
Section 39.023,
Education Code (House Committee Report, page 2, line 22),
between "adopt"
and "appropriate", insert "or develop".
(3) In SECTION 4 of the bill, in amended Subsection (a),
Section 39.023,
Education Code (House Committee Report, page 2, line 25),
between
"Subsection (b)" and "or exempted", insert "or (l)".
(4) In SECTION 4 of the bill, in amended Subsection
39.023(e), Education
Code (House Committee Report, page 4, line 11), strike
"or (c) , or (d) " and
substitute "(c), or (l) (d) ".
(5) In SECTION 4 of the bill, immediately preceding
SECTION 5 of the bill
(House Committee Report, page 5, between lines 1 and 2),
insert the
following:
(l) The agency shall adopt rules for the administration
of the assessment
instruments adopted under Subsection (a) in Spanish to
students of limited
English proficiency, as defined by Section 29.052, and
whose primary
language is Spanish. The language proficiency assessment
committee
established under Section 29.063 shall determine which
students are
administered assessment instruments in Spanish under this
subsection.
Each student of limited English proficiency whose primary
language is
Spanish, other than a student to whom Subsection (b)
applies, shall be
assessed using assessment instruments in Spanish under
this subsection or
assessment instruments in English under Subsection (a).
(m) The agency shall initially release, under Subsection
(e), the questions and
answer key to each assessment instrument administered
under Subsection
(l) after the last administration of an assessment
instrument in the third
school year in which the instrument is administered. This
subsection expires
September 1, 2005.
(6) In SECTION 5 of the bill (House Committee Report,
page 5, lines 2 and 3),
strike the introductory language and substitute:
SECTION 5. Subsections (a) and (b), Section 39.024,
Education Code, are
amended to read as follows:
(7) In SECTION 5 of the bill, immediately following
Subsection (a), Section
39.024, Education Code (House Committee Report, page 5,
between lines 11
and 12), insert the following:
(b) Each school district shall offer an intensive program
of instruction for
students who did not perform satisfactorily on an
assessment instrument
administered under this subchapter. The intensive
programs for students who
did not perform satisfactorily on an assessment
instrument under Section
39.023(a), or (c), or (l) shall be designed to enable
those the students to
be performing at grade level at the conclusion of the
next regular school term
or to attain a standard of annual growth specified by the
agency. The intensive
programs for students who did not perform satisfactorily
on an assessment
instrument under Section 39.023(b) shall be designed by
each student's
admission, review, and dismissal committee to enable the
student to attain a
standard of annual growth on the basis of the student's
individualized
education program.
(8) Strike SECTION 8 of the bill (House Committee Report,
page 6, lines 6
through 14), and substitute the following:
SECTION 8. Section 39.027, Education Code, is amended by
amending
Subsection (a), (b), and (e) and adding Subsection (f) to
read as follows:
(a) A student may be exempted from the administration of
an assessment
instrument under:
(1) Section 39.023(a) or (b) if the student is eligible
for a special education
program under Section 29.003 and the student's
individualized education
program does not include instruction in the essential
knowledge and skills
under Section 28.002 at any grade level;
(2) Section 39.023(c) or (d) if the student is eligible
for a special education
program under Section 29.003 and:
(A) the student's individualized education program does
not include instruction
in the essential knowledge and skills under Section
28.002 at any grade level;
or
(B) the assessment instrument, even with allowable
modifications, would not
provide an appropriate measure of the student's
achievement as determined
by the student's admission, review, and dismissal
committee; or
(3) Section 39.023 if the student is of limited English
proficiency, as defined
by Section 29.052, and has a primary language other than
Spanish.
(b) The agency State Board of Education shall adopt
rules under which a
dyslexic student who is not exempt under Subsection (a)
may use
procedures including oral examinations if appropriate or
may be allowed
additional time or the materials or technology necessary
for the student to
demonstrate the student's mastery of the competencies the
assessment
instruments are designed to measure.
(e) The commissioner shall develop an assessment system
that shall be used
for evaluating the academic progress, including reading
proficiency in English,
of all students of limited English proficiency, as
defined by Section 29.052.
The performance of students on the assessment system
developed under this
subsection of students to whom Subsection (a)(3) applies
shall be included in
the academic excellence indicator system under Section
39.051, the campus
report card under Section 39.052, and the performance
report under Section
39.053. The agency shall compile data on the performance
under that
assessment system of students of limited English
proficiency whose primary
language is Spanish, and the performance of those
students shall be included
in the campus report card under Section 39.052 and the
performance report
under Section 39.053.
(f) In this section, "average daily attendance" is
computed in the manner
provided by Section 42.005.
(9) In SECTION 13 of the bill, in amended Subdivision
(1), Subsection (b),
Section 39.051, Education Code (House Committee Report,
page 8, line 26),
strike "Sections 39.023(a) and (c)" and substitute
"Sections 39.023(a), and
(c), and (l)".
(10) Strike SECTION 17 of the bill (House Committee
Report, page 11, lines
19 and 20) and substitute the following:
SECTION 17. The following provisions of the Education
Code are repealed:
(1) Subdivision (33), Subsection (b), Section 7.055; and
(2) Subsections (d) and (j), Section 39.023.
(11) Insert the following appropriately numbered new
SECTION and renumber
subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) The Texas Education Agency shall
administer
assessment instruments in accordance with rules adopted
under Subsection
(l), Section 39.023, Education Code, as added by this Act
for students in:
(1) grades three through six not later than the 1999-2000
school year; and
(2) grades seven and eight not later than the 2002-2003
school year.
(b) The performance of students under an assessment
instrument prescribed
under Section 39.023(l), Education Code, as added by this
Act, shall be
included in the accountability system as provided by
Section 39.051(b),
Education Code, as amended by this Act for students in:
(1) grades three through six not later than the 1999-2000
school year; and
(2) grades seven and eight not later than the 2003-2004
school year.
(c) Section 39.027(a)(3), Education Code, as amended by
this Act, applies to
students in:
(1) grades three through six beginning with the 1999-2000
school year; and
(2) grades seven and eight beginning with the 2002-2003
school year.