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78R7111 KKA-D
By: Ellis H.B. No. 1988
A BILL TO BE ENTITLED
AN ACT
relating to assessment of public school students with dyslexia and
related disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0232 to read as follows:
Sec. 39.0232. ASSESSMENT OF STUDENTS WITH DYSLEXIA OR
RELATED DISORDERS. (a) In this section, "dyslexia" and "related
disorders" have the meanings assigned by Section 38.003.
(b) This section applies only to a student who:
(1) has been diagnosed as having dyslexia or a related
disorder by:
(A) a physician or other qualified professional
whose license or credentials are appropriate to make the diagnosis,
as determined by the commissioner; or
(B) a school district employee who is trained in
the recognition of the characteristics associated with dyslexia and
related disorders, using tests for dyslexia and related disorders
approved by the agency for purposes of Section 38.003;
(2) is an individual with a disability under 29 U.S.C.
Section 705(20) and its subsequent amendments; and
(3) is not exempt under Section 39.027(a).
(c) This section does not apply to a student to the extent
that the student is assessed using an assessment instrument adopted
or developed under Section 39.023(m), as added by Chapter 834, Acts
of the 77th Legislature, Regular Session, 2001, that is
specifically designed to assess the ability in reading or writing
of a student with dyslexia or a related disorder.
(d) A student to whom this section applies shall take each
assessment instrument required under Section 39.023(a), (c), or
(l), but the student's performance is computed in the manner
provided by Subsections (e) and (f). In addition, the student shall
be provided additional time to complete any section in an
assessment instrument on reading and shall be provided an oral
examination for any section in an assessment instrument on math,
science, or social studies.
(e) In computing a student's overall performance on an
assessment instrument administered under Section 39.023(a), (c),
or (l) that includes one or more sections on reading or writing, the
agency shall exclude the student's performance on each reading or
writing section and compute the student's overall performance based
only on the remaining portions of the assessment instrument and a
separate evaluation of the student's progress in reading or
writing, as applicable, conducted in accordance with Subsection
(f). In computing a student's performance on an assessment
instrument administered under Section 39.023(a), (c), or (l) that
assesses only reading or writing, the agency shall substitute a
score based only on the separate evaluation of the student's
progress in reading or writing, as applicable, conducted in
accordance with Subsection (f).
(f) A student's progress in reading or writing shall be
evaluated for purposes of Subsection (e) by a panel composed of the
student's teacher, the student's parent, and, as determined by the
school principal, either the principal, the assistant principal, or
the student's counselor. Using all available information relevant
to an evaluation of a student's reading or writing ability, as
applicable, including the student's progress in reading or writing
from one year to the next, the panel shall evaluate the student's
performance in reading or writing, as applicable, and assign a
score to the student that may be used in computing the student's
performance on an assessment instrument described by Subsection
(e). A panel may not base its evaluation of a student's progress in
reading or writing on the numerical score that the student would
have received on an assessment instrument administered under
Section 39.023(a), (c), or (l) before adjustment in accordance with
this subsection and Subsection (e).
(g) Notwithstanding Section 28.0211 or 39.025 or any other
law, a student who demonstrates adequate progress in reading or
writing, as applicable, based on an evaluation conducted in
accordance with Subsection (f), may not be denied promotion to the
next grade level or receipt of a high school diploma on the basis of
the student's performance, before adjustment in accordance with
Subsections (e) and (f), on an assessment instrument administered
under Section 39.023(a), (c), or (l) that assesses reading or
writing, as applicable.
(h) A student to whom this section applies shall be provided
any other accommodation in administration of the assessment
instrument with which the student must be provided under other law,
rule, or regulation.
(i) Notwithstanding Subsections (e) and (f), a student's
performance, before adjustment in accordance with those
subsections, on an assessment instrument or a section of an
assessment instrument administered under Section 39.023(a), (c),
or (l), that assesses reading or writing shall be computed and
recorded for future reference only.
(j) A student's performance, as adjusted in accordance with
Subsections (e) and (f), on an assessment instrument administered
under Section 39.023 (a), (c), or (l), shall be used for purposes of
public school accountability under this chapter.
(k) The commissioner shall adopt rules implementing this
section.
SECTION 2. This Act applies beginning with the 2003-2004
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.