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.