By Miller                                             H.B. No. 2088
         77R4761 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exemption for public school students of limited English
 1-3     proficiency  from state assessment instruments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 39.027(a) and (e), Education Code, are
 1-6     amended to read as follows:
 1-7           (a)  A student may be exempted from the administration of an
 1-8     assessment instrument under:
 1-9                 (1)  Section 39.023(a) or (b) if the student is
1-10     eligible for a special education program under Section 29.003 and
1-11     the student's individualized education program does not include
1-12     instruction in the essential knowledge and skills under Section
1-13     28.002 at any grade level;
1-14                 (2)  Section 39.023(c) or (d) if the student is
1-15     eligible for a special education program under Section 29.003 and:
1-16                       (A)  the student's individualized education
1-17     program does not include instruction in the essential knowledge and
1-18     skills under Section 28.002 at any grade level; or
1-19                       (B)  the assessment instrument, even with
1-20     allowable modifications, would not provide an appropriate measure
1-21     of the student's achievement as determined by the student's
1-22     admission, review, and dismissal committee; or
1-23                 (3)  Section 39.023 if the student is of limited
1-24     English proficiency, as defined by Section 29.052, and has been [a
 2-1     primary language other than Spanish or is a recent unschooled
 2-2     immigrant] enrolled in a public or private elementary or secondary
 2-3     school in this state for less than three years [one year].
 2-4           (e)  The commissioner shall develop an assessment system that
 2-5     shall be used for evaluating the academic progress, including
 2-6     reading proficiency in English, of all students of limited English
 2-7     proficiency, as defined by Section 29.052.  The performance under
 2-8     the assessment system developed under this subsection of students
 2-9     to whom Subsection (a)(3) applies shall be included in the academic
2-10     excellence indicator system under Section 39.051.  The performance
2-11     under the assessment system may be included in[, the performance
2-12     report under Section 39.053, and] the comprehensive biennial report
2-13     under Section 39.182, but may not be used for any other purpose
2-14     under this chapter.
2-15           SECTION 2.  This Act applies beginning with the 2001-2002
2-16     school year.
2-17           SECTION 3.  This Act takes effect immediately if it receives
2-18     a vote of two-thirds of all the members elected to each house, as
2-19     provided by Section 39, Article III, Texas Constitution.  If this
2-20     Act does not receive the vote necessary for immediate effect, this
2-21     Act takes effect September 1, 2001.