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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain public school students of |
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limited English proficiency from certain state-administered |
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assessment instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) if the student is |
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eligible for a special education program under Section 29.003 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, beginning on the first day of instruction of the first full |
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school year of [after initial] enrollment in a school in the United |
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States, if the student is of limited English proficiency, as |
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defined by Section 29.052, and has not demonstrated proficiency in |
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English as determined by the assessment system under Subsection |
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(e); or |
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(4) Section 39.023(a) or (l) for a period of up to: |
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(A) four [two] years in addition to the exemption |
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period authorized by Subdivision (3) if the student: |
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(i) has received an exemption under |
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Subdivision (3); and [:] |
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(ii) [(A)] is a recent unschooled |
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immigrant; or |
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(B) two years in addition to the exemption period |
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authorized by Subdivision (3) if the student: |
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(i) has received an exemption under |
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Subdivision (3); and |
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(ii) 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 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |