By Gallego H.B. No. 1787
77R5754 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assessment of academic skills of 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(l), Education Code, is amended to
1-6 read as follows:
1-7 (l) The State Board of Education shall adopt rules for the
1-8 administration of the assessment instruments adopted under
1-9 Subsection (a) in Spanish to students in grades three through six
1-10 who are of limited English proficiency, as defined by Section
1-11 29.052, and whose primary language is Spanish. [Each student of
1-12 limited English proficiency whose primary language is Spanish,
1-13 other than a student to whom Subsection (b) applies, shall be
1-14 assessed using assessment instruments in Spanish under this
1-15 subsection or assessment instruments in English under Subsection
1-16 (a).] The language proficiency assessment committee established
1-17 under Section 29.063 shall determine which students are:
1-18 (1) administered assessment instruments in Spanish
1-19 under this subsection;
1-20 (2) administered assessment instruments in English
1-21 under Subsection (a); and
1-22 (3) exempted from administration of assessment
1-23 instruments under Section 39.027(a)(3) or (4).
1-24 SECTION 2. Section 39.027(a), Education Code, is amended to
2-1 read as follows:
2-2 (a) In accordance with State Board of Education rule, a [A]
2-3 student may be exempted from the administration of an assessment
2-4 instrument under:
2-5 (1) Section 39.023(a) or (b) if the student is
2-6 eligible for a special education program under Section 29.003 and
2-7 the student's individualized education program does not include
2-8 instruction in the essential knowledge and skills under Section
2-9 28.002 at any grade level;
2-10 (2) Section 39.023(c) [or (d)] if the student is
2-11 eligible for a special education program under Section 29.003 and:
2-12 (A) the student's individualized education
2-13 program does not include instruction in the essential knowledge and
2-14 skills under Section 28.002 at any grade level; or
2-15 (B) the assessment instrument, even with
2-16 allowable modifications, would not provide an appropriate measure
2-17 of the student's achievement as determined by the student's
2-18 admission, review, and dismissal committee; [or]
2-19 (3) Section 39.023(a) [39.023] if the student is of
2-20 limited English proficiency, as defined by Section 29.052 and:
2-21 (A) has not demonstrated proficiency in English
2-22 based on the results of the assessment system prescribed by
2-23 Subsection (e);[,] and
2-24 (B) has been [a primary language other than
2-25 Spanish or is a recent unschooled immigrant] enrolled in school in
2-26 the United States for three years or [for] less; or
2-27 (4) Section 39.023(l) if the student is of limited
3-1 English proficiency, as defined by Section 29.052, and has been
3-2 enrolled in a school in the United States for three years or less
3-3 [than one year].
3-4 SECTION 3. This Act applies beginning with the 2001-2002
3-5 school year.
3-6 SECTION 4. This Act takes effect immediately if it receives
3-7 a vote of two-thirds of all the members elected to each house, as
3-8 provided by Section 39, Article III, Texas Constitution. If this
3-9 Act does not receive the vote necessary for immediate effect, this
3-10 Act takes effect September 1, 2001.