84R9511 CAE-D
 
  By: Simmons H.B. No. 3055
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to assessment of public school students enrolled in a
  special education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023, Education Code, is amended by
  adding Subsection (b-2) to read as follows:
         (b-2)  Notwithstanding Subsection (b), (b-1), or any other
  law, and to the extent consistent with federal law, a student in a
  special education program under Subchapter A, Chapter 29, may not
  be administered an assessment instrument if the student's parent or
  a person standing in parental relation to the student has submitted
  to the district or school a written statement indicating that the
  parent or person standing in parental relation to the student
  elects to exempt the student from administration of an assessment
  instrument. The student's admission, review, and dismissal
  committee, in consultation with the student's parent or a person
  standing in parental relation to the student, shall develop an
  individual progress plan for a student exempt from administration
  of an assessment instrument as provided by this subsection. The
  commissioner shall adopt rules as necessary to administer this
  subsection.
         SECTION 2.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 3.  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, 2015.