By:  Zaffirini, Bivins, Madla                          S.B. No. 676
         2001S0424/1                            
                                A BILL TO BE ENTITLED
 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.  Subsections (a) and (e), Section 39.027,
 2-8     Education Code, are amended to read as follows:
 2-9           (a)  A student may be exempted from the administration of an
2-10     assessment instrument under:
2-11                 (1)  Section 39.023(a) or (b) if the student is
2-12     eligible for a special education program under Section 29.003 and
2-13     the student's individualized education program does not include
2-14     instruction in the essential knowledge and skills under Section
2-15     28.002 at any grade level;
2-16                 (2)  Section 39.023(c) or (d) if the student is
2-17     eligible for a special education program under Section 29.003 and:
2-18                       (A)  the student's individualized education
2-19     program does not include instruction in the essential knowledge and
2-20     skills under Section 28.002 at any grade level; or
2-21                       (B)  the assessment instrument, even with
2-22     allowable modifications, would not provide an appropriate measure
2-23     of the student's achievement as determined by the student's
2-24     admission, review, and dismissal committee; [or]
2-25                 (3)  Section 39.023(a) for a period of up to one year
2-26     after initial enrollment in a school in the United States if the
 3-1     student is of limited English proficiency, as defined by Section
 3-2     29.052, and has not demonstrated proficiency in English as
 3-3     determined by the assessment system under Subsection (e); [a
 3-4     primary language other than Spanish] or
 3-5                 (4)  Section 39.023(a) for a period of up to two years
 3-6     in addition to the exemption period authorized by Subdivision (3)
 3-7     if the student has received an exemption under Subdivision (3) and:
 3-8                       (A)  is a recent unschooled immigrant as defined
 3-9     by the commissioner by rule; or
3-10                       (B)  is in a grade for which no assessment
3-11     instrument in the primary language of the student is available [is
3-12     a recent unschooled immigrant enrolled for less than one year].
3-13           (e)  The commissioner shall develop an assessment system that
3-14     shall be used for evaluating the academic progress, including
3-15     reading proficiency in English, of all students of limited English
3-16     proficiency, as defined by Section 29.052.  A student who is exempt
3-17     from the administration of an assessment instrument under
3-18     Subsections (a)(3) or (4) or Section 39.023(l) who achieves reading
3-19     proficiency in English as determined by the assessment system
3-20     developed under this subsection shall be administered the
3-21     assessment instruments described by Sections 39.023(a) and (c).
3-22     The performance under the assessment system developed under this
3-23     subsection of students to whom Subsection (a)(3) or (4) applies
3-24     shall be included in the academic excellence indicator system under
3-25     Section 39.051, the performance report under Section 39.053, and
3-26     the comprehensive biennial report under Section 39.182.
 4-1           SECTION 3.  Subsection (b), Section 39.051, Education Code,
 4-2     as amended by Chapters 396, 397, and 1422, Acts of the 76th
 4-3     Legislature, Regular Session, 1999, is reenacted and amended to
 4-4     read as follows:
 4-5           (b)  Performance on the indicators adopted under this section
 4-6     shall be compared to state-established standards.  The degree of
 4-7     change from one school year to the next in performance on each
 4-8     indicator adopted under this section shall also be considered.  The
 4-9     indicators must be based on information that is disaggregated with
4-10     respect to race, ethnicity, sex, and socioeconomic status and must
4-11     include:
4-12                 (1)  the results of assessment instruments required
4-13     under Sections 39.023(a), (c), and (l), aggregated by grade level
4-14     and subject area;
4-15                 (2)  dropout rates;
4-16                 (3)  student attendance rates;
4-17                 (4)  the percentage of graduating students who attain
4-18     scores on the secondary exit-level assessment instruments required
4-19     under Subchapter B that are equivalent to a passing score on the
4-20     test instrument required under Section 51.306;
4-21                 (5)  the percentage of graduating students who meet the
4-22     course requirements established for the recommended high school
4-23     program by State Board of Education rule;
4-24                 (6)  the results of the Scholastic Assessment Test
4-25     (SAT), the American College Test, articulated postsecondary degree
4-26     programs described by Section 61.852, and certified workforce
 5-1     training programs described by Chapter 311, Labor Code;
 5-2                 (7)  the number of students, aggregated by grade level,
 5-3     provided accelerated instruction under Section 28.0211(c), the
 5-4     results of assessments administered under that section, the number
 5-5     of students promoted through the grade placement committee process
 5-6     under Section 28.0211, the subject of the assessment instrument on
 5-7     which each student failed to perform satisfactorily, and the
 5-8     performance of those students in the school year following that
 5-9     promotion on the assessment instruments required under Section
5-10     39.023;
5-11                 (8)  for students who have failed to perform
5-12     satisfactorily on an assessment instrument required under Section
5-13     39.023(a) or (c), the numerical progress of those students on
5-14     subsequent assessment instruments required under those sections,
5-15     aggregated by grade level and subject area;
5-16                 (9)  the percentage of students taking end-of-course
5-17     assessment instruments adopted under Section 39.023(d);
5-18                 (10)  the percentage of students exempted, by exemption
5-19     category, from the assessment program generally applicable under
5-20     this subchapter; and
5-21                 (11)  the percentage of students of limited English
5-22     proficiency exempted from the administration of an assessment
5-23     instrument under Sections 39.027(a)(3) and (4)
5-24                 [(10)  any other indicator the State Board of Education
5-25     adopts].
5-26           SECTION 4.  (a)  This Act applies beginning with the
 6-1     2001-2002 school year.
 6-2           (b)  This Act takes effect immediately if it receives a vote
 6-3     of two-thirds of all the members elected to each house, as provided
 6-4     by Section 39, Article III, Texas Constitution.  If this Act does
 6-5     not receive the vote necessary for immediate effect, this Act takes
 6-6     effect September 1, 2001.