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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of alternative assessment instruments for |
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students in a special education program of a public school |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02316 to read as follows: |
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Sec. 39.02316. REQUIREMENTS RELATING TO ALTERNATIVE |
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ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM. |
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(a) The agency may not limit the percentage of students in a |
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special education program of a school district under Subchapter A, |
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Chapter 29, who are appropriately assessed through alternative |
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assessment instruments based on state eligibility criteria. |
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(b) The commissioner shall ensure that, in adopting any |
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indicator under Section 39.053 for evaluating school district |
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performance, the performance rating of a school district with, as |
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determined by the commissioner, a disproportionately high |
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percentage of enrolled students with disabilities appropriately |
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assessed through alternative assessment instruments would not be |
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adversely affected on the basis of: |
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(1) the district's participation in a shared services |
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arrangement under Section 29.007; |
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(2) the district's operation of a multidistrict |
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classroom for students with significant cognitive disabilities; or |
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(3) the district's providing special services to a |
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disproportionately high percentage of enrolled students with |
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significant cognitive disabilities, as determined by the |
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commissioner. |
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SECTION 2. Section 39.057, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) The commissioner may authorize special accreditation |
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investigations to be conducted: |
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(1) when excessive numbers of absences of students |
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eligible to be tested on state assessment instruments are |
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determined; |
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(2) when excessive numbers of allowable exemptions |
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from the required state assessment instruments are determined; |
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(3) in response to complaints submitted to the agency |
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with respect to alleged violations of civil rights or other |
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requirements imposed on the state by federal law or court order; |
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(4) in response to established compliance reviews of |
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the district's financial accounting practices and state and federal |
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program requirements; |
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(5) when extraordinary numbers of student placements |
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in disciplinary alternative education programs, other than |
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placements under Sections 37.006 and 37.007, are determined; |
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(6) in response to an allegation involving a conflict |
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between members of the board of trustees or between the board and |
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the district administration if it appears that the conflict |
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involves a violation of a role or duty of the board members or the |
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administration clearly defined by this code; |
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(7) subject to Subsection (b-1), when excessive |
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numbers of students in special education programs under Subchapter |
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A, Chapter 29, are assessed through alternative assessment |
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instruments developed or adopted under Section 39.023(b); |
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(8) in response to an allegation regarding or an |
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analysis using a statistical method result indicating a possible |
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violation of an assessment instrument security procedure |
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established under Section 39.0301, including for the purpose of |
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investigating or auditing a school district under that section; |
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(9) when a significant pattern of decreased academic |
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performance has developed as a result of the promotion in the |
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preceding two school years of students who did not perform |
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satisfactorily as determined by the commissioner under Section |
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39.0241(a) on assessment instruments administered under Section |
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39.023(a), (c), or (l); |
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(10) when excessive numbers of students eligible to |
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enroll fail to complete an Algebra II course or any other advanced |
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course as determined by the commissioner; |
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(11) when resource allocation practices as evaluated |
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under Section 39.0821 indicate a potential for significant |
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improvement in resource allocation; |
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(12) when a disproportionate number of students of a |
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particular demographic group is graduating with a particular |
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endorsement under Section 28.025(c-1); |
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(13) when an excessive number of students is |
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graduating with a particular endorsement under Section |
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28.025(c-1); |
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(14) in response to a complaint submitted to the |
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agency with respect to alleged inaccurate data that is reported |
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through the Public Education Information Management System (PEIMS) |
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or through other reports required by state or federal law or rule or |
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court order and that is used by the agency to make a determination |
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relating to public school accountability, including accreditation, |
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under this chapter; or |
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(15) as the commissioner otherwise determines |
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necessary. |
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(b-1) For purposes of Subsection (a)(7), a school district |
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does not assess excessive numbers of students in special education |
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programs under Subchapter A, Chapter 29, through alternative |
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assessments if the district appropriately assesses those students |
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as provided by Section 39.02316. |
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SECTION 3. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |