By King of Uvalde                                     H.B. No. 3405
         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 the schedule of assessment instruments administered to
 1-3     students in special education programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 39.023, Education Code, is amended to
 1-6     read as follows:
 1-7           (b)  The agency shall develop or adopt appropriate
 1-8     criterion-referenced assessment instruments to be administered to
 1-9     each student in a special education program under Subchapter A,
1-10     Chapter 29, who receives instruction in the essential knowledge and
1-11     skills identified under Section 28.002 but for whom the assessment
1-12     instruments adopted under Subsection (a), even with allowable
1-13     modifications, would not provide an appropriate measure of student
1-14     achievement, as determined by the student's admission, review, and
1-15     dismissal committee.  The assessment instruments required under
1-16     this subsection must assess essential knowledge and skills and
1-17     growth in reading, mathematics, and writing.  A student's
1-18     admission, review, and dismissal committee shall determine whether
1-19     any allowable modification is necessary in administering to the
1-20     student an assessment instrument required under this subsection.
1-21     The assessment instruments required under this subsection shall be
1-22     administered on [the same] a schedule established by the
1-23     commissioner as close as practicable to that for the assessment
 2-1     instruments administered under Subsection (a).
 2-2           SECTION 2.  This Act takes effect immediately if it receives
 2-3     a vote of two-thirds of all the members elected to each house, as
 2-4     provided by Section 39, Article III, Texas Constitution.  If this
 2-5     Act does not receive the vote necessary for immediate effect, this
 2-6     Act takes effect September 1, 2001.