82R2071 JH-D
 
  By: Guillen H.C.R. No. 37
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, It is not surprising that students with limited
  English proficiency (LEP) who are recent arrivals to the United
  States score poorly in standardized testing during their initial
  years of U.S. enrollment, yet their scores are excluded from state
  adequate yearly progress (AYP) determinations for only one
  year--not nearly enough time for LEP students to overcome language
  barriers and master the required knowledge and skills; and
         WHEREAS, A cornerstone of the No Child Left Behind Act of
  2001, AYP measures student performance in reading/language arts,
  mathematics, and either graduation or attendance rate; all public
  school campuses and districts, as well as the entire state, are
  evaluated for AYP, and those that receive Title I, Part A, funds and
  do not meet AYP goals for two or more years in a row are subject to
  consequences; and
         WHEREAS, Title I, Part A, funds are allocated to local
  education agencies and schools with high numbers or high
  percentages of poor children; in Texas, some 70 percent of schools
  receive these funds and risk having to take corrective action
  should they not meet AYP goals due to the test scores of recently
  arrived LEP students; although the mathematics and
  reading/language arts assessment scores of these students may be
  excluded from one cycle of AYP determinations, a year is not
  sufficient for them to gain adequate English skills and to acquire
  the necessary content knowledge; and
         WHEREAS, An exclusion period of three years would make a
  measurable difference in terms of student ability and would allow a
  much greater degree of flexibility for campuses, school districts,
  and the state; now, therefore, be it
         RESOLVED, That the 82nd Legislature of the State of Texas
  hereby respectfully urge the United States Congress to revise the
  No Child Left Behind Act of 2001 so that the State of Texas may
  exclude the assessment scores of recently arrived limited English
  proficiency students from adequate yearly progress determinations
  for a period of three years following the students' initial
  enrollment and so that the exclusion period for LEP students who
  enter Texas schools in grades 10 and higher concludes prior to the
  students' final year of schooling; and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the president of the Senate and the speaker of the House of
  Representatives of the United States Congress, and to all the
  members of the Texas delegation to Congress with the request that
  this resolution be entered in the Congressional Record as a
  memorial to the Congress of the United States of America.