SRC-MWN S.B. 676 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 676
By: Zaffirini
Education
2/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, students of limited English proficiency and who have a primary
language other than Spanish or was a recent unschooled immigrant enrolled
for less than one year, are exempted from Texas Assessment of Academic
Skills (TAAS) testing for one year. As proposed, S.B. 676 amends Section
39.023, Education Code, by exempting unschooled immigrants who do not
demonstrate proficiency in English from TAAS testing for up to three years.
S.B. 676 additionally requires the Texas Education Agency (TEA) to develop
procedures under which the language proficiency assessment committee
determines which students are exempt from TAAS and to ensure that students
are tested at the earliest practical date. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 39.023, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 39.023, Education Code, by amending Subsection
(1) and adding Subsection (m), to require the State Board of Education to
adopt rules for the administration of the assessment instruments adopted
under Subsection (a) in Spanish to students in grades three through six who
are of limited English proficiency, as defined by Section 29.052, whose
primary language is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section 39.027(a)(3) or
(4). Authorizes, rather than requires, each student of limited English
proficiency whose primary language is Spanish, other than a student to whom
Subsection (b) applies, to be assessed using assessment instruments in
Spanish under this subsection for up to three years or assessment
instruments in English under Subsection (a). Requires the commissioner of
education (commissioner) by rule to develop procedures under which the
language proficiency assessment committee established under Section 29.063
is required to determine which students are exempt from the administration
of the assessment instruments under Section 39.027(a)(3) and (4). Requires
the rules adopted under this subsection to ensure that the language
proficiency  assessment committee provides that the exempted students are
administered the assessment instruments under Subsections (a) and (c) at
the earliest practical date. Makes a conforming change. 

SECTION 2. Amends Subsections (a) and (e), Section 39.027, Education Code,
to authorize a student to be exempted from the administration of an
assessment instrument under Section 39.023(a) for a period of up to one
year after initial enrollment in a school in the United States if the
student is of limited English proficiency, as defined by Section 29.052,
and has not demonstrated proficiency in English as determined by the
assessment system under Subsection (e). Deletes text regarding primary
language other than Spanish. Provides that Section 39.023(a) for a period
of up to two years in addition to the exemption period authorized by
Subsection (3) if the student has received an exemption under Subdivision
(3) and is a recent unschooled immigrant as defined  by the commissioner by
rule; or is in a grade for which no assessment instrument in the primary
language of the student is available. Deletes text regarding a recent
unschooled immigrants. Requires a student who is exempt from the
administration of an assessment instrument under Subsections (a)(3) or (4)
or Section 39.023(1) who  receives reading proficiency in English as
determined by the assessment system developed under this subsection to be
administered the assessment instruments described by Sections 39.023(a) and
(c). Requires the performance under the assessment system developed under
this subsection of students to whom Subsection (a)(3) or (4) applies to be
included in the academic excellence indicator system under Section 39.051,
the performance report under Section 39.053, and the comprehensive biennial
report under Section 39.182. 

SECTION 3. Amends Subsection (b), Section 39.051, Education Code, as
amended by Chapters 396, 397, and 1422, Acts of the 76th Legislature,
Regular Session, 1999, to require the indicators to be based on information
that is disaggregated with respect to race, ethnicity, sex, and
socioeconomic status and is required to include the percentage of students
of limited English proficiency exempted from the administration of an
assessment instrument under Sections 39.027(a)(3) and (4). Deletes text
regarding any other indicator the State Board of Education adopts. 

SECTION 4. Effective date: upon passage or September 1, 2001. Provides that
this Act applies beginning with the 2001-2002 school year.