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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition of a monitoring system performance |
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indicator based solely on the number or percentage of students |
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receiving special education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0011 to read as follows: |
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Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a) |
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Notwithstanding Section 29.001(5), Section 29.010, or any other |
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provision of this code, the commissioner or agency may not adopt or |
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implement a performance indicator in any agency monitoring system, |
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including the performance-based monitoring analysis system, that |
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solely measures a school district's or open-enrollment charter |
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school's aggregated number or percentage of enrolled students who |
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receive special education services. |
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(b) Subsection (a) does not prohibit or limit the |
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commissioner or agency from meeting requirements under: |
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(1) 20 U.S.C. Section 1418(d) and its implementing |
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regulations to collect and examine data to determine whether |
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significant disproportionality based on race or ethnicity is |
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occurring in the state and in the school districts |
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and open-enrollment charter schools in the state with respect to |
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the: |
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(A) identification of children as children with |
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disabilities, including the identification of children as children |
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with particular impairments; |
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(B) placement of children with disabilities in |
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particular educational settings; and |
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(C) incidence, duration, and type of |
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disciplinary actions taken against children with disabilities, |
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including suspensions and expulsions; or |
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(2) 20 U.S.C. Section 1416(a)(3)(C) and its |
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implementing regulations to address in the statewide plan the |
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percentage of school districts and open-enrollment charter schools |
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with disproportionate representation of racial and ethnic groups in |
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special education and related services and in specific disability |
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categories that results from inappropriate identification. |
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SECTION 2. 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. |