77R9598 E
By Oliveira, Hill H.B. No. 1374
Substitute the following for H.B. No. 1374:
By Hochberg C.S.H.B. No. 1374
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assessment of academic skills of certain students of
1-3 limited English proficiency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 39.023, Education Code, is amended by
1-6 amending Subsection (l) and adding Subsection (m) to read as
1-7 follows:
1-8 (l) The State Board of Education shall adopt rules for the
1-9 administration of the assessment instruments adopted under
1-10 Subsection (a) in Spanish to students in grades three through six
1-11 who are of limited English proficiency, as defined by Section
1-12 29.052, [and] whose primary language is Spanish, and who are not
1-13 otherwise exempt from the administration of an assessment
1-14 instrument under Section 39.027(a)(3) or (4). Each student of
1-15 limited English proficiency whose primary language is Spanish,
1-16 other than a student to whom Subsection (b) applies, may [shall] be
1-17 assessed using assessment instruments in Spanish under this
1-18 subsection for up to three years or assessment instruments in
1-19 English under Subsection (a). The language proficiency assessment
1-20 committee established under Section 29.063 shall determine which
1-21 students are administered assessment instruments in Spanish under
1-22 this subsection.
1-23 (m) The commissioner by rule shall develop procedures under
1-24 which the language proficiency assessment committee established
2-1 under Section 29.063 shall determine which students are exempt from
2-2 the administration of the assessment instruments under Sections
2-3 39.027(a)(3) and (4). The rules adopted under this subsection
2-4 shall ensure that the language proficiency assessment committee
2-5 provides that the exempted students are administered the assessment
2-6 instruments under Subsections (a) and (c) at the earliest practical
2-7 date.
2-8 SECTION 2. Subsections (a) and (e), Section 39.027,
2-9 Education Code, are amended to read as follows:
2-10 (a) A student may be exempted from the administration of an
2-11 assessment instrument under:
2-12 (1) Section 39.023(a) or (b) if the student is
2-13 eligible for a special education program under Section 29.003 and
2-14 the student's individualized education program does not include
2-15 instruction in the essential knowledge and skills under Section
2-16 28.002 at any grade level;
2-17 (2) Section 39.023(c) or (d) if the student is
2-18 eligible for a special education program under Section 29.003 and:
2-19 (A) the student's individualized education
2-20 program does not include instruction in the essential knowledge and
2-21 skills under Section 28.002 at any grade level; or
2-22 (B) the assessment instrument, even with
2-23 allowable modifications, would not provide an appropriate measure
2-24 of the student's achievement as determined by the student's
2-25 admission, review, and dismissal committee; [or]
2-26 (3) Section 39.023(a) for a period of up to one year
2-27 after initial enrollment in a school in the United States if the
3-1 student is of limited English proficiency, as defined by Section
3-2 29.052, and has not demonstrated proficiency in English as
3-3 determined by the assessment system under Subsection (e); [a
3-4 primary language other than Spanish] or
3-5 (4) Section 39.023(a) for a period of up to two years
3-6 in addition to the exemption period authorized by Subdivision (3)
3-7 if the student has received an exemption under Subdivision (3) and:
3-8 (A) is a recent unschooled immigrant as defined
3-9 by the commissioner by rule; or
3-10 (B) is in a grade for which no assessment
3-11 instrument in the primary language of the student is available [is
3-12 a recent unschooled immigrant enrolled for less than one year].
3-13 (e) The commissioner shall develop an assessment system that
3-14 shall be used for evaluating the academic progress, including
3-15 reading proficiency in English, of all students of limited English
3-16 proficiency, as defined by Section 29.052. A student who is exempt
3-17 from the administration of an assessment instrument under
3-18 Subsection (a)(3) or (4) or Section 39.023(l) who achieves reading
3-19 proficiency in English as determined by the assessment system
3-20 developed under this subsection shall be administered the
3-21 assessment instruments described by Sections 39.023(a) and (c).
3-22 The performance under the assessment system developed under this
3-23 subsection of students to whom Subsection (a)(3) or (4) applies
3-24 shall be included in the academic excellence indicator system under
3-25 Section 39.051, the performance report under Section 39.053, and
3-26 the comprehensive biennial report under Section 39.182.
3-27 SECTION 3. Subsection (b), Section 39.051, Education Code,
4-1 as amended by Chapters 396, 397, and 1422, Acts of the 76th
4-2 Legislature, Regular Session, 1999, is reenacted and amended to
4-3 read as follows:
4-4 (b) Performance on the indicators adopted under this section
4-5 shall be compared to state-established standards. The degree of
4-6 change from one school year to the next in performance on each
4-7 indicator adopted under this section shall also be considered. The
4-8 indicators must be based on information that is disaggregated with
4-9 respect to race, ethnicity, sex, and socioeconomic status and must
4-10 include:
4-11 (1) the results of assessment instruments required
4-12 under Sections 39.023(a), (c), and (l), aggregated by grade level
4-13 and subject area;
4-14 (2) dropout rates;
4-15 (3) student attendance rates;
4-16 (4) the percentage of graduating students who attain
4-17 scores on the secondary exit-level assessment instruments required
4-18 under Subchapter B that are equivalent to a passing score on the
4-19 test instrument required under Section 51.306;
4-20 (5) the percentage of graduating students who meet the
4-21 course requirements established for the recommended high school
4-22 program by State Board of Education rule;
4-23 (6) the results of the Scholastic Assessment Test
4-24 (SAT), the American College Test, articulated postsecondary degree
4-25 programs described by Section 61.852, and certified workforce
4-26 training programs described by Chapter 311, Labor Code;
4-27 (7) the number of students, aggregated by grade level,
5-1 provided accelerated instruction under Section 28.0211(c), the
5-2 results of assessments administered under that section, the number
5-3 of students promoted through the grade placement committee process
5-4 under Section 28.0211, the subject of the assessment instrument on
5-5 which each student failed to perform satisfactorily, and the
5-6 performance of those students in the school year following that
5-7 promotion on the assessment instruments required under Section
5-8 39.023;
5-9 (8) for students who have failed to perform
5-10 satisfactorily on an assessment instrument required under Section
5-11 39.023(a) or (c), the numerical progress of those students on
5-12 subsequent assessment instruments required under those sections,
5-13 aggregated by grade level and subject area;
5-14 (9) the percentage of students taking end-of-course
5-15 assessment instruments adopted under Section 39.023(d);
5-16 (10) the percentage of students exempted, by exemption
5-17 category, from the assessment program generally applicable under
5-18 this subchapter; and
5-19 (11) the percentage of students of limited English
5-20 proficiency exempted from the administration of an assessment
5-21 instrument under Sections 39.027(a)(3) and (4)
5-22 [(10) any other indicator the State Board of Education
5-23 adopts].
5-24 SECTION 4. (a) This Act applies beginning with the
5-25 2001-2002 school year.
5-26 (b) This Act takes effect immediately if it receives a vote
5-27 of two-thirds of all the members elected to each house, as provided
6-1 by Section 39, Article III, Texas Constitution. If this Act does
6-2 not receive the vote necessary for immediate effect, this Act takes
6-3 effect September 1, 2001.