By Garcia                                             H.B. No. 2487
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to state assessment of students of limited English
 1-3     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     adding Subsections (d), (e) and (f) and amending Subsection (l) to
 1-7     read as follows:
 1-8           (d)  An assessment instrument administered under Subsection
 1-9     (a), (b), or (c) must be administered to a student in the language
1-10     of instruction used for reading and language arts, if an assessment
1-11     in that particular language exists.  Procedures for exempting
1-12     recent immigrants and recent unschooled immigrants which permit the
1-13     language proficiency assessment committee to grant exemptions,
1-14     shall be developed by commissioner's rules, and shall provide for
1-15     consideration of one or more criteria to include parental
1-16     verification of lack of prior schooling, other objective assessment
1-17     of the student's academic preparation, or performance on state
1-18     assessments, provided under Section 39.027(e).
1-19           (e)  For a student who is exempt under Section 39.027(a)(2),
1-20     and under Section 39.027(c)(2), a report must be prepared by the
1-21     school based upon multiple performance indicators, such as
1-22     demonstrated by teacher recommendations, average grades in core
 2-1     subject, or other indicia of a student's cognitive abilities, in
 2-2     order that the student's exemption for a second year be justified.
 2-3           (f)  The commissioner shall develop and adopt a process for
 2-4     reviewing the exemption process of a school district or shared
 2-5     services arrangement that gives an exemption under Section
 2-6     39.027(a)(1), and under Section 39.027(c)(1), as follows:
 2-7                 (1)  to more than five percent of the students in the
 2-8     special education program, in the case of a district or shared
 2-9     services arrangement with an average daily attendance of at least
2-10     1,600;
2-11                 (2)  to more than ten percent of the students in the
2-12     special education program, in the case of a district or shared
2-13     services arrangement with an average daily attendance of at least
2-14     190 and not more than 1,599; or
2-15                 (3)  to the greater of more than 10 percent of the
2-16     students in the special education program or to at least five
2-17     students in the special education program, in the case of a
2-18     district or shared services arrangement with an average daily
2-19     attendance of not more than 189.
2-20           (l)  The State Board of Education shall adopt rules for the
2-21     administration of the assessment instruments adopted under
2-22     Subsection (a) in Spanish to students in grades three through six
2-23     who are of limited English proficiency, as defined by Section
2-24     29.052, and whose primary language is Spanish.  Each student of
2-25     limited English proficiency [whose primary language is Spanish]
2-26     other than a student to whom Subsection (b) applies, shall be
 3-1     assessed using assessment instruments in Spanish under this
 3-2     subsection or assessment instruments in English under Subsection
 3-3     (a).  The language proficiency assessment committee established
 3-4     under Section 29.063 shall determine which students are
 3-5     administered assessment instruments in Spanish under this
 3-6     subsection.
 3-7           SECTION 2.  Section 39.025, Education Code, is amended by
 3-8     adding a new Subsection (d) to read as follows:
 3-9           (d)  For a student who is exempt under Section 39.027(a)(2),
3-10     and under Section 39.027(c)(2), a report must be prepared by the
3-11     school based upon multiple performance indicators, such as
3-12     demonstrated by teacher recommendations, average grades in core
3-13     subject, or other indicia of a student's cognitive abilities, in
3-14     order that the exempt student's exemption for a second year be
3-15     justified.
3-16           SECTION 3.  Section 39.027, Education Code, is amended by
3-17     amending Subsection (a) and adding Subsection (d) to read as
3-18     follows:
3-19           (a)  A student may be exempted from the administration of an
3-20     assessment instrument under:
3-21                 (1)  Section 39.023(a) or (b) if the student is
3-22     eligible for a special education program under Section 29.003 and
3-23     the student's individualized education program does not include
3-24     instruction in the essential knowledge and skills under Section
3-25     28.002 at any grade level;
3-26                 (2)  Section 39.023(c) or (d) if the student is
 4-1     eligible for a special education program under Section 29.003 and:
 4-2                       (A)  the student's individualized education
 4-3     program does not include instruction in the essential knowledge and
 4-4     skills under Section 28.002 at any grade level; or
 4-5                       (B)  the assessment instrument, even with
 4-6     allowable modifications, would not provide an appropriate measure
 4-7     of the student's achievement as determined by the student's
 4-8     admission, review, and dismissal committee; or
 4-9                 (3)  Section 39.023, in accordance with Subsection (d),
4-10     if the student is of limited English proficiency, as defined by
4-11     Section 29.052, and [has a primary language other than Spanish or]
4-12     is a recent unschooled immigrant enrolled for less than one year.
4-13           (d)  An exemption under Subsection (a)(3) may be granted for
4-14     not more than one school year, as determined by the language
4-15     proficiency assessment committee established under Section 29.063,
4-16     except that the exemption may be granted for not more than two
4-17     school years, as determined by the committee.
4-18           SECTION 4.  Section 39.030(c), Education Code, is amended to
4-19     read as follows:
4-20           (c)  In compiling performance data under Subsection (b), a
4-21     district may aggregate separately from the performance data of
4-22     other students, for diagnostic purposes only and not to determine
4-23     the school's rating in the accountability system, the performance
4-24     data of students enrolled in:
4-25                 (1)  a special education program under Subchapter A,
4-26     Chapter 29; or
 5-1                 (2)  a bilingual education or special language program,
 5-2     including instruction in English as a second language, under
 5-3     Subchapter B, Chapter 29, and limited English proficiency students
 5-4     who have received only one previous exemption.
 5-5           SECTION 5.  Section 39.051(b), Education Code, as amended by
 5-6     Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
 5-7     Session, 1999, is re-enacted and amended to read as follows:
 5-8           (b)  Performance on the indicators adopted under this section
 5-9     shall be compared to state-established standards.  The degree of
5-10     change from one school year to the next in performance on each
5-11     indicator adopted under this section shall also be considered.  The
5-12     indicators must be based on information that is disaggregated with
5-13     respect to race, ethnicity, sex, and socioeconomic status and must
5-14     include:
5-15                 (1)  the results of assessment instruments required
5-16     under Sections 39.023(a), (c), and (l), aggregated separately by
5-17     grade level and subject area, other than the results of an
5-18     assessment instrument administered to a student of limited English
5-19     proficiency, as defined by Section 29.052, who:
5-20                       (A)  is a recent unschooled immigrant who has
5-21     been enrolled in a school in this country for less than one year;
5-22     and
5-23                       (B)  is not considered proficient in reading
5-24     English under the assessment system developed under Section
5-25     39.027(e);
5-26                 (2)  dropout rates;
 6-1                 (3)  student attendance rates;
 6-2                 (4)  the percentage of graduating students who attain
 6-3     scores on the secondary exit-level assessment instruments required
 6-4     under Subchapter B that are equivalent to a passing score on the
 6-5     test instrument required under Section 51.306;
 6-6                 (5)  the percentage of graduating students who meet the
 6-7     course requirements established for the recommended high school
 6-8     program by State Board of Education rule;
 6-9                 (6)  the results of the Scholastic Assessment Test
6-10     (SAT), the American College Test, articulated postsecondary degree
6-11     programs described by Section 61.852, and certified workforce
6-12     training programs described by Chapter 311, Labor Code;
6-13                 (7)  the number of students, aggregated by grade level,
6-14     provided accelerated instruction under Section 28.0211(c), the
6-15     results of assessments administered under that section, the number
6-16     of students promoted through the grade placement committee process
6-17     under Section 28.0211, the subject of the assessment instrument on
6-18     which each student failed to perform satisfactorily, and the
6-19     performance of those students in the school year following that
6-20     promotion on the assessment instruments required under Section
6-21     39.023;
6-22                 (8)  for students who have failed to perform
6-23     satisfactorily on an assessment instrument required under Section
6-24     39.023(a) or (c), the numerical progress of those students on
6-25     subsequent assessment instruments required under those sections,
6-26     aggregated by grade level and subject area;
 7-1                 (9)  the percentage of students exempted, by exemption
 7-2     category, from the assessment program generally applicable under
 7-3     this subchapter; and
 7-4                 (10)  any other indicator the State Board of Education
 7-5     adopts.
 7-6           SECTION 6.  This Act applies beginning with the 2001-2002
 7-7     school year.
 7-8           SECTION 7.  This Act shall take effect immediately if it
 7-9     receives a vote of two-thirds, or greater, of all members elected
7-10     to each house, as provided by Article III, Section 39, Texas
7-11     Constitution.  If this Act does not receive the minimum vote
7-12     necessary for immediate effect, then this Act shall instead take
7-13     effect September 1, 2001.