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A BILL TO BE ENTITLED
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AN ACT
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relating to providing an exemption from the administration of |
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certain assessment instruments for certain public school students |
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who are asylees or refugees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.027, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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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 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; or |
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(5) Section 39.023(a), (c), or (l) for a period of up |
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to four years, in addition to the exemption period authorized by |
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Subdivision (3), if the student's initial enrollment in a school in |
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the United States was as an unschooled asylee or refugee. |
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(a-1) For purposes of this section, "unschooled asylee or |
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refugee" means a student who: |
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(1) initially enrolled in a school in the United |
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States as: |
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(A) an asylee as defined by 45 C.F.R. Section |
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400.41; or |
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(B) a refugee as defined by 8 U.S.C. Section |
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1101; |
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(2) has a visa issued by the United States Department |
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of State with a Form I-94 Arrival/Departure record, or a successor |
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document, issued by the United States Citizenship and Immigration |
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Services that is stamped with "Asylee," "Refugee," or "Asylum"; and |
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(3) as a result of inadequate schooling outside of the |
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United States, lacks the necessary foundation in the essential |
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knowledge and skills of the curriculum prescribed under Section |
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28.002 as determined by the language proficiency assessment |
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committee established under Section 29.063. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. 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. |