84R9955 MEW-D
 
  By: Muñoz, Jr. H.B. No. 3503
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of assessment instruments to certain
  students of limited English proficiency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023(l), Education Code, as effective
  until on or before September 1, 2015, is amended to read as follows:
         (l)  The State Board of Education shall adopt rules for the
  administration of the assessment instruments adopted under
  Subsection (a) or the end-of-course assessment instruments adopted
  under Subsection (c) in Spanish to students in grades three through
  12 [five] who are of limited English proficiency, as defined by
  Section 29.052, whose primary language is Spanish, and who are not
  otherwise exempt from the administration of an assessment
  instrument under Section 39.027(a)(1) or (2).  Each student of
  limited English proficiency whose primary language is Spanish,
  other than a student to whom Subsection (b) applies, may be assessed
  using assessment instruments in Spanish under this subsection [for
  up to three years] or assessment instruments in English under
  Subsection (a) or end-of-course assessment instruments in English
  under Subsection (c).  The language proficiency assessment
  committee established under Section 29.063 shall determine which
  students are administered assessment instruments in Spanish under
  this subsection.
         SECTION 2.  Section 39.023(l), Education Code, as effective
  on or before September 1, 2015, is amended to read as follows:
         (l)  The State Board of Education shall adopt rules for the
  administration of the assessment instruments adopted under
  Subsection (a) or the end-of-course assessment instruments adopted
  under Subsection (c) and, to the extent applicable, the assessment
  instruments adopted under Subsection (a-4) in Spanish to students
  in grades three through 12 [, four, and five] who are of limited
  English proficiency, as defined by Section 29.052, whose primary
  language is Spanish, and who are not otherwise exempt from the
  administration of an assessment instrument under Section
  39.027(a)(1) or (2).  Each student of limited English proficiency
  whose primary language is Spanish, other than a student to whom
  Subsection (b) applies, may be assessed using assessment
  instruments in Spanish under this subsection [for up to three
  years] or assessment instruments in English under Subsection (a) or
  end-of-course assessment instruments in English under Subsection
  (c) and, as applicable, Subsection (a-4).  The language
  proficiency assessment committee established under Section 29.063
  shall determine which students are administered assessment
  instruments in Spanish under this subsection.
         SECTION 3.  Section 39.023(l), Education Code, as effective
  September 1, 2017, is amended to read as follows:
         (l)  The State Board of Education shall adopt rules for the
  administration of the assessment instruments adopted under
  Subsection (a) or the end-of-course assessment instruments adopted
  under Subsection (c) in Spanish to students in grades three through
  12 [five] who are of limited English proficiency, as defined by
  Section 29.052, whose primary language is Spanish, and who are not
  otherwise exempt from the administration of an assessment
  instrument under Section 39.027(a)(1) or (2). Each student of
  limited English proficiency whose primary language is Spanish,
  other than a student to whom Subsection (b) applies, may be assessed
  using assessment instruments in Spanish under this subsection [for
  up to three years] or assessment instruments in English under
  Subsection (a) or end-of-course assessment instruments in English
  under Subsection (c). The language proficiency assessment
  committee established under Section 29.063 shall determine which
  students are administered assessment instruments in Spanish under
  this subsection.
         SECTION 4.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 5.  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.