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.