By Oliveira H.B. No. 1374
77R4195 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assessment of academic skills of public school students
1-3 of 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 exempted under Section 39.027(a)(3). A [Each] student of limited
1-14 English proficiency whose primary language is Spanish, other than a
1-15 student to whom Subsection (b) applies, may [shall] be assessed
1-16 using assessment instruments in Spanish under this subsection for
1-17 not more than three school years or assessment instruments in
1-18 English under Subsection (a).
1-19 (m) The language proficiency assessment committee
1-20 established under Section 29.063 shall determine which students are
1-21 administered assessment instruments in Spanish under Subsection
1-22 (l), which students are administered assessment instruments in
1-23 English under Subsection (a), and which students are exempted under
1-24 Section 39.027(a)(3). The commissioner by rule shall develop a
2-1 procedure that the language proficiency assessment committee shall
2-2 use to determine which students are exempted under Section
2-3 39.027(a)(3). Those rules must include provisions to encourage the
2-4 committee to require assessment of each student at the earliest
2-5 date practicable [this subsection].
2-6 SECTION 2. Sections 39.027(a) and (e), Education Code, are
2-7 amended to read as follows:
2-8 (a) A student may be exempted from the administration of an
2-9 assessment instrument under:
2-10 (1) Section 39.023(a) or (b) if the student is
2-11 eligible for a special education program under Section 29.003 and
2-12 the student's individualized education program does not include
2-13 instruction in the essential knowledge and skills under Section
2-14 28.002 at any grade level;
2-15 (2) Section 39.023(c) [or (d)] if the student is
2-16 eligible for a special education program under Section 29.003 and:
2-17 (A) the student's individualized education
2-18 program does not include instruction in the essential knowledge and
2-19 skills under Section 28.002 at any grade level; or
2-20 (B) the assessment instrument, even with
2-21 allowable modifications, would not provide an appropriate measure
2-22 of the student's achievement as determined by the student's
2-23 admission, review, and dismissal committee; or
2-24 (3) Section 39.023(a), (c), or (l) by the language
2-25 proficiency assessment committee established under Section 29.063
2-26 until:
2-27 (A) not later than the first anniversary of the
3-1 date of the student's initial enrollment in a public school in the
3-2 United States [39.023] if the student:
3-3 (i) has been classified as a student [is]
3-4 of limited English proficiency, as defined by Section 29.052;[,]
3-5 and
3-6 (ii) has not demonstrated proficiency in
3-7 English as determined on the basis of the assessment system
3-8 prescribed under Subsection (e); or
3-9 (B) not later than the third anniversary of the
3-10 date of the student's initial enrollment in a public school in the
3-11 United States if the student received an exemption under Paragraph
3-12 (A) and:
3-13 (i) [a primary language other than Spanish
3-14 or] is a recent unschooled immigrant as defined by commissioner
3-15 rule; or
3-16 (ii) is in a grade for which an assessment
3-17 instrument in the student's primary language is not available under
3-18 Section 39.023 [enrolled for less than one year].
3-19 (e) The commissioner shall develop an assessment system that
3-20 shall be used for evaluating the academic progress, including
3-21 reading proficiency in English, of all students of limited English
3-22 proficiency, as defined by Section 29.052. The performance under
3-23 the assessment system developed under this subsection of students
3-24 to whom Subsection (a)(3) applies shall be included in the academic
3-25 excellence indicator system under Section 39.051, the performance
3-26 report under Section 39.053, and the comprehensive biennial report
3-27 under Section 39.182. If a student who was exempted from the
4-1 administration of an assessment instrument under Subsection (a)(3)
4-2 demonstrates proficiency in English as determined on the basis of
4-3 the assessment system prescribed under this subsection, that
4-4 student shall be administered the assessment instrument under
4-5 Section 39.023(a) or (c), as applicable.
4-6 SECTION 3. Section 39.051(b), Education Code, as amended by
4-7 Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
4-8 Session, 1999, is reenacted and amended to read as follows:
4-9 (b) Performance on the indicators adopted under this section
4-10 shall be compared to state-established standards. The degree of
4-11 change from one school year to the next in performance on each
4-12 indicator adopted under this section shall also be considered. The
4-13 indicators must be based on information that is disaggregated with
4-14 respect to race, ethnicity, sex, and socioeconomic status and must
4-15 include:
4-16 (1) the results of assessment instruments required
4-17 under Sections 39.023(a), (c), and (l), aggregated by grade level
4-18 and subject area;
4-19 (2) dropout rates;
4-20 (3) student attendance rates;
4-21 (4) the percentage of graduating students who attain
4-22 scores on the secondary exit-level assessment instruments required
4-23 under Subchapter B that are equivalent to a passing score on the
4-24 test instrument required under Section 51.306;
4-25 (5) the percentage of graduating students who meet the
4-26 course requirements established for the recommended high school
4-27 program by State Board of Education rule;
5-1 (6) the results of the Scholastic Assessment Test
5-2 (SAT), the American College Test, articulated postsecondary degree
5-3 programs described by Section 61.852, and certified workforce
5-4 training programs described by Chapter 311, Labor Code;
5-5 (7) the number of students, aggregated by grade level,
5-6 provided accelerated instruction under Section 28.0211(c), the
5-7 results of assessments administered under that section, the number
5-8 of students promoted through the grade placement committee process
5-9 under Section 28.0211, the subject of the assessment instrument on
5-10 which each student failed to perform satisfactorily, and the
5-11 performance of those students in the school year following that
5-12 promotion on the assessment instruments required under Section
5-13 39.023;
5-14 (8) for students who have failed to perform
5-15 satisfactorily on an assessment instrument required under Section
5-16 39.023(a) or (c), the numerical progress of those students on
5-17 subsequent assessment instruments required under those sections,
5-18 aggregated by grade level and subject area;
5-19 (9) the percentage of students exempted[, by exemption
5-20 category,] from the assessment program generally applicable under
5-21 this subchapter and the subdivision, including paragraph, if
5-22 appropriate, of Section 39.027(a) under which the student is
5-23 exempted; and
5-24 (10) any other indicator the State Board of Education
5-25 adopts.
5-26 SECTION 4. This Act applies beginning with the 2001-2002
5-27 school year.
6-1 SECTION 5. This Act takes effect immediately if it receives
6-2 a vote of two-thirds of all the members elected to each house, as
6-3 provided by Section 39, Article III, Texas Constitution. If this
6-4 Act does not receive the vote necessary for immediate effect, this
6-5 Act takes effect September 1, 2001.