By:  Barrientos                                                           S.B. No. 98



A BILL TO BE ENTITLED

AN ACT

relating to the administration of certain state assessment 
instruments in Spanish to Spanish-speaking students of limited 
English proficiency who are in special education programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 39.023, Education Code, is amended by 
adding Subsection (o) to read as follows:
	(o)  The State Board of Education shall adopt rules for the 
administration of the assessment instruments adopted under 
Subsection (b) in Spanish to students who are of limited English 
proficiency, as defined by Section 29.052, whose primary language 
is Spanish, and who are not otherwise exempt from the 
administration of an assessment instrument under Section 
39.027(a)(3) or (4).  Each student of limited English proficiency 
whose primary language is Spanish and who would otherwise be 
assessed using an English language assessment instrument adopted 
under Subsection (b) may be assessed using an assessment instrument 
in Spanish under this subsection.  The language proficiency 
assessment committee established under Section 29.063 shall 
determine which students are administered assessment instruments 
in Spanish under this subsection.
	SECTION 2.  Beginning with the 2003-2004 school year, the 
State Board of Education shall administer assessment instruments in 
accordance with rules adopted under Section 39.023(o), Education 
Code, as added by this Act.
	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.