1-1 By: Zaffirini, et al. S.B. No. 676
1-2 (In the Senate - Filed February 13, 2001; February 14, 2001,
1-3 read first time and referred to Committee on Education;
1-4 March 1, 2001, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 1, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to assessment of academic skills of certain students of
1-9 limited English proficiency.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 39.023, Education Code, is amended by
1-12 amending Subsection (l) and adding Subsection (m) to read as
1-13 follows:
1-14 (l) The State Board of Education shall adopt rules for the
1-15 administration of the assessment instruments adopted under
1-16 Subsection (a) in Spanish to students in grades three through six
1-17 who are of limited English proficiency, as defined by Section
1-18 29.052, [and] whose primary language is Spanish, and who are not
1-19 otherwise exempt from the administration of an assessment
1-20 instrument under Section 39.027(a)(3) or (4). Each student of
1-21 limited English proficiency whose primary language is Spanish,
1-22 other than a student to whom Subsection (b) applies, may [shall] be
1-23 assessed using assessment instruments in Spanish under this
1-24 subsection for up to three years or assessment instruments in
1-25 English under Subsection (a). The language proficiency assessment
1-26 committee established under Section 29.063 shall determine which
1-27 students are administered assessment instruments in Spanish under
1-28 this subsection.
1-29 (m) The commissioner by rule shall develop procedures under
1-30 which the language proficiency assessment committee established
1-31 under Section 29.063 shall determine which students are exempt from
1-32 the administration of the assessment instruments under Section
1-33 39.027(a)(3) and (4). The rules adopted under this subsection
1-34 shall ensure that the language proficiency assessment committee
1-35 provides that the exempted students are administered the assessment
1-36 instruments under Subsections (a) and (c) at the earliest practical
1-37 date.
1-38 SECTION 2. Subsections (a) and (e), Section 39.027,
1-39 Education Code, are amended to read as follows:
1-40 (a) A student may be exempted from the administration of an
1-41 assessment instrument under:
1-42 (1) Section 39.023(a) or (b) if the student is
1-43 eligible for a special education program under Section 29.003 and
1-44 the student's individualized education program does not include
1-45 instruction in the essential knowledge and skills under Section
1-46 28.002 at any grade level;
1-47 (2) Section 39.023(c) or (d) if the student is
1-48 eligible for a special education program under Section 29.003 and:
1-49 (A) the student's individualized education
1-50 program does not include instruction in the essential knowledge and
1-51 skills under Section 28.002 at any grade level; or
1-52 (B) the assessment instrument, even with
1-53 allowable modifications, would not provide an appropriate measure
1-54 of the student's achievement as determined by the student's
1-55 admission, review, and dismissal committee; [or]
1-56 (3) Section 39.023(a) for a period of up to one year
1-57 after initial enrollment in a school in the United States if the
1-58 student is of limited English proficiency, as defined by Section
1-59 29.052, and has not demonstrated proficiency in English as
1-60 determined by the assessment system under Subsection (e); [a
1-61 primary language other than Spanish] or
1-62 (4) Section 39.023(a) for a period of up to two years
1-63 in addition to the exemption period authorized by Subdivision (3)
1-64 if the student has received an exemption under Subdivision (3) and:
2-1 (A) is a recent unschooled immigrant as defined
2-2 by the commissioner by rule; or
2-3 (B) is in a grade for which no assessment
2-4 instrument in the primary language of the student is available [is
2-5 a recent unschooled immigrant enrolled for less than one year].
2-6 (e) The commissioner shall develop an assessment system that
2-7 shall be used for evaluating the academic progress, including
2-8 reading proficiency in English, of all students of limited English
2-9 proficiency, as defined by Section 29.052. A student who is exempt
2-10 from the administration of an assessment instrument under
2-11 Subsections (a)(3) or (4) or Section 39.023(l) who achieves reading
2-12 proficiency in English as determined by the assessment system
2-13 developed under this subsection shall be administered the
2-14 assessment instruments described by Sections 39.023(a) and (c).
2-15 The performance under the assessment system developed under this
2-16 subsection of students to whom Subsection (a)(3) or (4) applies
2-17 shall be included in the academic excellence indicator system under
2-18 Section 39.051, the performance report under Section 39.053, and
2-19 the comprehensive biennial report under Section 39.182.
2-20 SECTION 3. Subsection (b), Section 39.051, Education Code,
2-21 as amended by Chapters 396, 397, and 1422, Acts of the 76th
2-22 Legislature, Regular Session, 1999, is reenacted and amended to
2-23 read as follows:
2-24 (b) Performance on the indicators adopted under this section
2-25 shall be compared to state-established standards. The degree of
2-26 change from one school year to the next in performance on each
2-27 indicator adopted under this section shall also be considered. The
2-28 indicators must be based on information that is disaggregated with
2-29 respect to race, ethnicity, sex, and socioeconomic status and must
2-30 include:
2-31 (1) the results of assessment instruments required
2-32 under Sections 39.023(a), (c), and (l), aggregated by grade level
2-33 and subject area;
2-34 (2) dropout rates;
2-35 (3) student attendance rates;
2-36 (4) the percentage of graduating students who attain
2-37 scores on the secondary exit-level assessment instruments required
2-38 under Subchapter B that are equivalent to a passing score on the
2-39 test instrument required under Section 51.306;
2-40 (5) the percentage of graduating students who meet the
2-41 course requirements established for the recommended high school
2-42 program by State Board of Education rule;
2-43 (6) the results of the Scholastic Assessment Test
2-44 (SAT), the American College Test, articulated postsecondary degree
2-45 programs described by Section 61.852, and certified workforce
2-46 training programs described by Chapter 311, Labor Code;
2-47 (7) the number of students, aggregated by grade level,
2-48 provided accelerated instruction under Section 28.0211(c), the
2-49 results of assessments administered under that section, the number
2-50 of students promoted through the grade placement committee process
2-51 under Section 28.0211, the subject of the assessment instrument on
2-52 which each student failed to perform satisfactorily, and the
2-53 performance of those students in the school year following that
2-54 promotion on the assessment instruments required under Section
2-55 39.023;
2-56 (8) for students who have failed to perform
2-57 satisfactorily on an assessment instrument required under Section
2-58 39.023(a) or (c), the numerical progress of those students on
2-59 subsequent assessment instruments required under those sections,
2-60 aggregated by grade level and subject area;
2-61 (9) the percentage of students taking end-of-course
2-62 assessment instruments adopted under Section 39.023(d);
2-63 (10) the percentage of students exempted, by exemption
2-64 category, from the assessment program generally applicable under
2-65 this subchapter; and
2-66 (11) the percentage of students of limited English
2-67 proficiency exempted from the administration of an assessment
2-68 instrument under Sections 39.027(a)(3) and (4)
2-69 [(10) any other indicator the State Board of Education
3-1 adopts].
3-2 SECTION 4. (a) This Act applies beginning with the
3-3 2001-2002 school year.
3-4 (b) This Act takes effect immediately if it receives a vote
3-5 of two-thirds of all the members elected to each house, as provided
3-6 by Section 39, Article III, Texas Constitution. If this Act does
3-7 not receive the vote necessary for immediate effect, this Act takes
3-8 effect September 1, 2001.
3-9 * * * * *