By: Deuell, Van de Putte S.B. No. 906
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to developmentally appropriate assessment of special
  education students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 39.023, Education Code,
  is amended to read as follows:
         (b)  The agency shall develop or adopt appropriate
  criterion-referenced alternative assessment instruments to be
  administered to each student in a special education program under
  Subchapter A, Chapter 29, for whom an assessment instrument adopted
  under Subsection (a), even with allowable accommodations, would not
  provide an appropriate measure of student achievement, as
  determined by the student's admission, review, and dismissal
  committee. The agency may not adopt a performance standard that
  indicates that a student's performance on the alternate assessment
  does not meet standards if the lowest level of the assessment
  accurately represents the student's developmental level as
  determined by the student's admission, review, and dismissal
  committee.
         SECTION 2.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, but not later than October 1, 2013, the Texas Education
  Agency shall adopt and implement rules consistent with Subsection
  (b), Section 39.023, Education Code, as amended by this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.