1-1 AN ACT
1-2 relating to assessment of academic skills of certain students of
1-3 limited English 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 amending Subsection (l) and adding Subsection (m) to read as
1-7 follows:
1-8 (l) The State Board of Education shall adopt rules for the
1-9 administration of the assessment instruments adopted under
1-10 Subsection (a) in Spanish to students in grades three through six
1-11 who are of limited English proficiency, as defined by Section
1-12 29.052, [and] whose primary language is Spanish, and who are not
1-13 otherwise exempt from the administration of an assessment
1-14 instrument under Section 39.027(a)(3) or (4). Each student of
1-15 limited English proficiency whose primary language is Spanish,
1-16 other than a student to whom Subsection (b) applies, may [shall] be
1-17 assessed using assessment instruments in Spanish under this
1-18 subsection for up to three years or assessment instruments in
1-19 English under Subsection (a). The language proficiency assessment
1-20 committee established under Section 29.063 shall determine which
1-21 students are administered assessment instruments in Spanish under
1-22 this subsection.
1-23 (m) The commissioner by rule shall develop procedures under
1-24 which the language proficiency assessment committee established
1-25 under Section 29.063 shall determine which students are exempt from
2-1 the administration of the assessment instruments under Section
2-2 39.027(a)(3) and (4). The rules adopted under this subsection
2-3 shall ensure that the language proficiency assessment committee
2-4 provides that the exempted students are administered the assessment
2-5 instruments under Subsections (a) and (c) at the earliest practical
2-6 date.
2-7 SECTION 2. Section 39.027, Education Code, is amended by
2-8 amending Subsections (a) and (e) and adding Subsection (g) to read
2-9 as follows:
2-10 (a) A student may be exempted from the administration of an
2-11 assessment instrument under:
2-12 (1) Section 39.023(a) or (b) if the student is
2-13 eligible for a special education program under Section 29.003 and
2-14 the student's individualized education program does not include
2-15 instruction in the essential knowledge and skills under Section
2-16 28.002 at any grade level;
2-17 (2) Section 39.023(c) or (d) if the student is
2-18 eligible for a special education program under Section 29.003 and:
2-19 (A) the student's individualized education
2-20 program does not include instruction in the essential knowledge and
2-21 skills under Section 28.002 at any grade level; or
2-22 (B) the assessment instrument, even with
2-23 allowable modifications, would not provide an appropriate measure
2-24 of the student's achievement as determined by the student's
2-25 admission, review, and dismissal committee; [or]
2-26 (3) Section 39.023(a) or (l) for a period of up to one
3-1 year after initial enrollment in a school in the United States if
3-2 the student is of limited English proficiency, as defined by
3-3 Section 29.052, and has not demonstrated proficiency in English as
3-4 determined by the assessment system under Subsection (e); [a
3-5 primary language other than Spanish] or
3-6 (4) Section 39.023(a) or (l) for a period of up to two
3-7 years in addition to the exemption period authorized by Subdivision
3-8 (3) if the student has received an exemption under Subdivision (3)
3-9 and:
3-10 (A) is a recent unschooled immigrant; or
3-11 (B) is in a grade for which no assessment
3-12 instrument in the primary language of the student is available [is
3-13 a recent unschooled immigrant enrolled for less than one year].
3-14 (e) The commissioner shall develop an assessment system that
3-15 shall be used for evaluating the academic progress, including
3-16 reading proficiency in English, of all students of limited English
3-17 proficiency, as defined by Section 29.052. A student who is exempt
3-18 from the administration of an assessment instrument under
3-19 Subsections (a)(3) or (4) who achieves reading proficiency in
3-20 English as determined by the assessment system developed under this
3-21 subsection shall be administered the assessment instruments
3-22 described by Sections 39.023(a) and (c). The performance under the
3-23 assessment system developed under this subsection of students to
3-24 whom Subsection (a)(3) or (4) applies shall be included in the
3-25 academic excellence indicator system under Section 39.051, the
3-26 performance report under Section 39.053, and the comprehensive
4-1 biennial report under Section 39.182.
4-2 (g) For purposes of this section, "recent unschooled
4-3 immigrant" means an immigrant who initially enrolled in a school in
4-4 the United States not more than 12 months before the date of the
4-5 administration of an assessment instrument under Section 39.023(a)
4-6 or (l) and who, as a result of inadequate schooling outside of the
4-7 United States, lacks the necessary foundation in the essential
4-8 knowledge and skills of the curriculum prescribed under Section
4-9 28.002 as determined by the language proficiency assessment
4-10 committee established under Section 29.063. For purposes of this
4-11 subsection and to the extent authorized by federal law, a child's
4-12 prior enrollment in a school in the United States shall be
4-13 determined on the basis of documents and records required under
4-14 Section 25.002(a).
4-15 SECTION 3. Subsection (b), Section 39.051, Education Code,
4-16 as amended by Chapters 396, 397, and 1422, Acts of the 76th
4-17 Legislature, Regular Session, 1999, is reenacted and amended to
4-18 read as follows:
4-19 (b) Performance on the indicators adopted under this section
4-20 shall be compared to state-established standards. The degree of
4-21 change from one school year to the next in performance on each
4-22 indicator adopted under this section shall also be considered. The
4-23 indicators must be based on information that is disaggregated with
4-24 respect to race, ethnicity, sex, and socioeconomic status and must
4-25 include:
4-26 (1) the results of assessment instruments required
5-1 under Sections 39.023(a), (c), and (l), aggregated by grade level
5-2 and subject area;
5-3 (2) dropout rates;
5-4 (3) student attendance rates;
5-5 (4) the percentage of graduating students who attain
5-6 scores on the secondary exit-level assessment instruments required
5-7 under Subchapter B that are equivalent to a passing score on the
5-8 test instrument required under Section 51.306;
5-9 (5) the percentage of graduating students who meet the
5-10 course requirements established for the recommended high school
5-11 program by State Board of Education rule;
5-12 (6) the results of the Scholastic Assessment Test
5-13 (SAT), the American College Test, articulated postsecondary degree
5-14 programs described by Section 61.852, and certified workforce
5-15 training programs described by Chapter 311, Labor Code;
5-16 (7) the number of students, aggregated by grade level,
5-17 provided accelerated instruction under Section 28.0211(c), the
5-18 results of assessments administered under that section, the number
5-19 of students promoted through the grade placement committee process
5-20 under Section 28.0211, the subject of the assessment instrument on
5-21 which each student failed to perform satisfactorily, and the
5-22 performance of those students in the school year following that
5-23 promotion on the assessment instruments required under Section
5-24 39.023;
5-25 (8) for students who have failed to perform
5-26 satisfactorily on an assessment instrument required under Section
6-1 39.023(a) or (c), the numerical progress of those students on
6-2 subsequent assessment instruments required under those sections,
6-3 aggregated by grade level and subject area;
6-4 (9) the percentage of students taking end-of-course
6-5 assessment instruments adopted under Section 39.023(d);
6-6 (10) the percentage of students exempted, by exemption
6-7 category, from the assessment program generally applicable under
6-8 this subchapter; and
6-9 (11) the percentage of students of limited English
6-10 proficiency exempted from the administration of an assessment
6-11 instrument under Sections 39.027(a)(3) and (4)
6-12 [(10) any other indicator the State Board of Education
6-13 adopts].
6-14 SECTION 4. (a) This Act applies beginning with the
6-15 2001-2002 school year.
6-16 (b) This Act takes effect immediately if it receives a vote
6-17 of two-thirds of all the members elected to each house, as provided
6-18 by Section 39, Article III, Texas Constitution. If this Act does
6-19 not receive the vote necessary for immediate effect, this Act takes
6-20 effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 676 passed the Senate on
March 12, 2001, by the following vote: Yeas 29, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on April 5, 2001, by the following vote: Yeas 27,
Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 676 passed the House, with
amendment, on April 3, 2001, by the following vote: Yeas 147,
Nays 0, one present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor