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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of certain exemptions from the |
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administration of state assessment instruments to public school |
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students and to the consideration of the performance of certain |
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students on state 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, Education Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) Unless a student is enrolled in a school in the United |
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States for a period of at least 60 consecutive days during a year, |
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the student may not be considered to be enrolled in a school in the |
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United States for that year for the purpose of determining a number |
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of years under Subsection (a)(1), (2), or (3). |
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SECTION 2. Section 39.054, Education Code, is amended by |
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adding Subsections (d-2) and (d-3) to read as follows: |
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(d-2) Except as provided by Subsection (d-3), in evaluating |
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performance under Subsection (c), the commissioner may not lower a |
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performance rating for purposes of this chapter based on |
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unsatisfactory performance on an assessment instrument |
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administered under Section 39.023(a), (b), (c), (l), or (n) to a |
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student for a period of two years after the student's initial |
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enrollment in a school in the United States if the student is a |
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student of limited English proficiency, as defined by Section |
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29.052. Unless a student is enrolled in a school in the United |
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States for a period of at least 60 consecutive days during a year, |
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the student may not be considered to be enrolled in a school in the |
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United States for that year for purposes of this subsection. This |
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subsection does not apply to a performance rating for purposes of: |
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(1) compliance monitoring under Section 7.028; or |
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(2) public school accountability under federal law. |
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(d-3) Subsection (d-2) does not apply if the assessment |
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instrument administered to a student of limited English proficiency |
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is in the student's native language. |
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SECTION 3. Subsection (a-2), Section 39.027, and Subsection |
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(d-2), Section 39.054, Education Code, as added by this Act, apply |
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to a student regardless of the date on which the student initially |
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enrolled in a school in the United States. |
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SECTION 4. This Act takes effect September 1, 2013. |