83R8413 CAS-D
 
  By: M. Gonzalez of El Paso H.B. No. 2004
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the determination of certain exemptions from the
  administration of state assessment instruments to public school
  students and to the consideration of the performance of certain
  students on state assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.027, Education Code, is amended by
  adding Subsection (a-2) to read as follows:
         (a-2)  Unless a student is enrolled in a school in the United
  States for a period of at least 60 consecutive days during a year,
  the student may not be considered to be enrolled in a school in the
  United States for that year for the purpose of determining a number
  of years under Subsection (a)(1), (2), or (3).
         SECTION 2.  Section 39.054, Education Code, is amended by
  adding Subsection (d-2) to read as follows:
         (d-2)  In evaluating performance under Subsection (c), the
  commissioner may not lower a performance rating for purposes of
  this chapter based on unsatisfactory performance on an assessment
  instrument administered under Section 39.023(a), (b), (c), (l), or
  (n) to a student for a period of three years after the student's
  initial enrollment in a school in the United States if the student
  is a student of limited English proficiency, as defined by Section
  29.052.  Unless a student is enrolled in a school in the United
  States for a period of at least 60 consecutive days during a year,
  the student may not be considered to be enrolled in a school in the
  United States for that year for purposes of this subsection.  This
  subsection does not apply to a performance rating for purposes of:
               (1)  compliance monitoring under Section 7.028; or
               (2)  public school accountability under federal law.
         SECTION 3.  Sections 39.027(a-2) and 39.054(d-2), Education
  Code, as added by this Act, apply to a student regardless of the
  date on which the student initially enrolled in a school in the
  United States.
         SECTION 4.  This Act takes effect September 1, 2013.