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A BILL TO BE ENTITLED
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AN ACT
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relating to assessment of public school students receiving special |
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education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.0211, Education Code, is amended by |
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adding Subsection (p) to read as follows: |
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(p) This section does not apply to a student who |
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participates in a district's special education program under |
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Subchapter A, Chapter 29. |
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SECTION 2. Sections 39.023(a), (c), (d), (e), and (j), |
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Education Code, are amended to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, writing, mathematics, |
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social studies, and science. All students, except students |
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assessed under Subsection [(b) or] (l) or exempted under Section |
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39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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seven without the aid of technology and in grades eight through 11 |
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with the aid of technology on any assessment instruments that |
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include algebra; |
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(2) reading, annually in grades three through nine; |
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(3) writing, including spelling and grammar, in grades |
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four and seven; |
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(4) English language arts, in grade 10; |
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(5) social studies, in grades eight and 10; |
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(6) science, in grades five, eight, and 10; and |
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(7) any other subject and grade required by federal |
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law. |
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(c) The agency shall also adopt secondary exit-level |
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assessment instruments designed to be administered to students in |
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grade 11 to assess essential knowledge and skills in mathematics, |
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English language arts, social studies, and science. The |
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mathematics section must include at least Algebra I and geometry |
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with the aid of technology. The English language arts section must |
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include at least English III and must include the assessment of |
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essential knowledge and skills in writing. The social studies |
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section must include early American and United States history. The |
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science section must include at least biology and integrated |
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chemistry and physics. The assessment instruments must be designed |
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to assess a student's mastery of minimum skills necessary for high |
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school graduation and readiness to enroll in an institution of |
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higher education. [If a student is in a special education program
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under Subchapter A, Chapter 29, the student's admission, review,
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and dismissal committee shall determine whether any allowable
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modification is necessary in administering to the student an
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assessment instrument required under this subsection or whether the
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student should be exempted under Section 39.027(a)(2).] The State |
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Board of Education shall administer the assessment instruments. |
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The State Board of Education shall adopt a schedule for the |
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administration of secondary exit-level assessment instruments. |
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Each student who did not perform satisfactorily on any secondary |
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exit-level assessment instrument when initially tested shall be |
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given multiple opportunities to retake that assessment instrument. |
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A student who performs at or above a level established by the Texas |
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Higher Education Coordinating Board on the secondary exit-level |
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assessment instruments is exempt from the requirements of Section |
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51.3062 [51.306]. |
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(d) The commissioner may participate in multistate efforts |
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to develop voluntary standardized end-of-course assessment |
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instruments. The commissioner by rule may require a school |
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district to administer an end-of-course assessment instrument |
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developed through the multistate efforts. [The admission, review,
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and dismissal committee of a student in a special education program
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under Subchapter A, Chapter 29, shall determine whether any
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allowable modification is necessary in administering to the student
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an end-of-course assessment instrument or whether the student
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should be exempted under Section 39.027(a)(2).] |
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(e) Under rules adopted by the State Board of Education, |
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every other year, the agency shall release the questions and answer |
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keys to each assessment instrument administered under Subsection |
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(a), [(b),] (c), (d), or (l) after the last time the instrument is |
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administered for that school year. To ensure a valid bank of |
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questions for use each year, the agency is not required to release a |
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question that is being field-tested and was not used to compute the |
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student's score on the instrument. The agency shall also release, |
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under board rule, each question that is no longer being |
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field-tested and that was not used to compute a student's score. |
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(j) The commissioner shall develop a standardized |
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end-of-course assessment instrument for Algebra I. The |
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commissioner by rule may require a school district to administer an |
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end-of-course assessment instrument in Algebra I. [The admission,
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review, and dismissal committee of a student in a special education
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program under Subchapter A, Chapter 29, shall determine whether any
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allowable modification is necessary in administering to the student
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an end-of-course assessment instrument or whether the student
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should be exempted under Section 39.027(a)(2).] |
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SECTION 3. Section 39.024(a), Education Code, is amended to |
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read as follows: |
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(a) The [Except as otherwise provided by this subsection,
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the] State Board of Education shall determine the level of |
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performance considered to be satisfactory on the assessment |
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instruments. [The admission, review, and dismissal committee of a
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student being assessed under Section 39.023(b) shall determine the
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level of performance considered to be satisfactory on the
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assessment instruments administered to that student in accordance
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with criteria established by agency rule.] |
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SECTION 4. Section 39.027(a), Education Code, is amended to |
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read as follows: |
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(a) A student may be exempted from the administration of an |
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assessment instrument under: |
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(1) Section 39.023(a) [or (b)] if the student is |
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eligible for a special education program under Section 29.003 [and
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the student's individualized education program does not include
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instruction in the essential knowledge and skills under Section
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28.002 at any grade level]; |
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(2) Section 39.023(c), [or] (d), or (j) if the student |
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is eligible for a special education program under Section 29.003 |
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[and:
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[(A) the student's individualized education
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program does not include instruction in the essential knowledge and
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skills under Section 28.002 at any grade level; or
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[(B) the assessment instrument, even with
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allowable modifications, would not provide an appropriate measure
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of the student's achievement as determined by the student's
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admission, review, and dismissal committee]; |
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(3) Section 39.023(a) or (l) for a period of up to one |
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year after initial enrollment in a school in the United States if |
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the student is of limited English proficiency, as defined by |
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Section 29.052, and has not demonstrated proficiency in English as |
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determined by the assessment system under Subsection (e); or |
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(4) Section 39.023(a) or (l) for a period of up to two |
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years in addition to the exemption period authorized by Subdivision |
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(3) if the student has received an exemption under Subdivision (3) |
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and: |
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(A) is a recent unschooled immigrant; or |
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(B) is in a grade for which no assessment |
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instrument in the primary language of the student is available. |
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SECTION 5. Section 39.051(b), Education Code, is amended to |
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read as follows: |
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(b) Performance on the indicators adopted under this |
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section shall be compared to state-established standards. The |
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degree of change from one school year to the next in performance on |
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each indicator adopted under this section shall also be considered. |
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The indicators must be based on information that is disaggregated |
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by race, ethnicity, gender, and socioeconomic status and must |
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include: |
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(1) the results of assessment instruments required |
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under Sections 39.023(a), (c), and (l), aggregated by grade level |
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and subject area; |
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(2) dropout rates, including dropout rates and |
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district completion rates for grade levels 9 through 12, computed |
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in accordance with standards and definitions adopted by the |
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National Center for Education Statistics of the United States |
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Department of Education; |
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(3) high school graduation rates, computed in |
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accordance with standards and definitions adopted in compliance |
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with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110); |
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(4) student attendance rates; |
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(5) the percentage of graduating students who attain |
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scores on the secondary exit-level assessment instruments required |
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under Subchapter B that are equivalent to a passing score on the |
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assessment instrument required under Section 51.3062; |
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(6) the percentage of graduating students who meet the |
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course requirements established for the recommended high school |
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program by State Board of Education rule; |
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(7) the results of the Scholastic Assessment Test |
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(SAT), the American College Test (ACT), articulated postsecondary |
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degree programs described by Section 61.852, and certified |
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workforce training programs described by Chapter 311, Labor Code; |
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(8) the percentage of students, aggregated by grade |
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level, provided accelerated instruction under Section 28.0211(c), |
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the results of assessments administered under that section, the |
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percentage of students promoted through the grade placement |
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committee process under Section 28.0211, the subject of the |
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assessment instrument on which each student failed to perform |
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satisfactorily, and the performance of those students in the school |
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year following that promotion on the assessment instruments |
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required under Section 39.023; |
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(9) for students who have failed to perform |
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satisfactorily on an assessment instrument required under Section |
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39.023(a) or (c), the numerical progress of those students grouped |
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by percentage on subsequent assessment instruments required under |
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those sections, aggregated by grade level and subject area; |
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(10) the percentage of students exempted, by exemption |
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category, from the assessment program generally applicable under |
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this chapter; |
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(11) the percentage of students of limited English |
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proficiency exempted from the administration of an assessment |
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instrument under Sections 39.027(a)(3) and (4); |
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(12) [the percentage of students in a special
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education program under Subchapter A, Chapter 29, assessed through
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assessment instruments developed or adopted under Section
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39.023(b);
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[(13)] the measure of progress toward preparation for |
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postsecondary success; and |
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(13) [(14)] the measure of progress toward dual |
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language proficiency under Section 39.034(b), for students of |
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limited English proficiency, as defined by Section 29.052. |
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SECTION 6. Section 39.075(a), Education Code, is amended to |
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read as follows: |
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(a) The commissioner shall authorize special accreditation |
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investigations to be conducted: |
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(1) when excessive numbers of absences of students |
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eligible to be tested on state assessment instruments are |
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determined; |
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(2) when excessive numbers of allowable exemptions |
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from the required state assessment are determined; |
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(3) in response to complaints submitted to the agency |
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with respect to alleged violations of civil rights or other |
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requirements imposed on the state by federal law or court order; |
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(4) in response to established compliance reviews of |
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the district's financial accounting practices and state and federal |
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program requirements; |
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(5) when extraordinary numbers of student placements |
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in alternative education programs, other than placements under |
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Sections 37.006 and 37.007, are determined; |
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(6) in response to an allegation involving a conflict |
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between members of the board of trustees or between the board and |
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the district administration if it appears that the conflict |
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involves a violation of a role or duty of the board members or the |
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administration clearly defined by this code; or |
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(7) [when excessive numbers of students in special
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education programs under Subchapter A, Chapter 29, are assessed
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through assessment instruments developed or adopted under Section
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39.023(b); or
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[(8)] as the commissioner otherwise determines |
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necessary. |
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SECTION 7. Section 39.114(b), Education Code, is amended to |
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read as follows: |
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(b) A school district may use funds allocated under Section |
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42.2516(b)(3) on any instructional program in grades six through 12 |
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other than an athletic program if: |
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(1) the district is recognized as exceptional by the |
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commissioner under the academic accountability indicator adopted |
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under Section 39.051(b)(12) [39.051(b)(13)]; and |
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(2) the district's completion rates for grades nine |
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through 12 meet or exceed completion rate standards required by the |
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commissioner to achieve a rating of exemplary under Section 39.072. |
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SECTION 8. Sections 28.0211(i), 28.0213(e), 39.023(b), |
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39.027(c), and 39.051(f), Education Code, are repealed. |
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SECTION 9. Not later than December 1, 2008, the Texas |
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Education Agency shall submit to the legislature a report that: |
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(1) identifies the anticipated consequences of |
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implementing the changes in law made by this Act regarding |
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assessment of students receiving special education services, |
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including any consequences arising from requirements imposed by |
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federal law regarding assessment of those students; and |
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(2) specifies the amount, if any, of federal funds |
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that would not be received as a result of implementing those changes |
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in law. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2009. |
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(b) Section 9 of this Act takes effect September 1, 2008. |