84R1868 SRS-D
 
  By: González H.B. No. 66
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of the performance of certain
  students of limited English proficiency on state assessment
  instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.054, Education Code, is amended by
  adding Subsections (d-2) and (d-3) to read as follows:
         (d-2)  Except as provided by Subsection (d-3), 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.
         (d-3)  Subsection (d-2) does not apply if the assessment
  instrument administered to a student of limited English proficiency
  is in the student's native language.
         SECTION 2.  Section 39.054(d-2), Education Code, as added by
  this Act, applies to a student regardless of the date on which the
  student initially enrolled in a school in the United States.
         SECTION 3.  This Act takes effect September 1, 2015.