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.