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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to a study conducted by the Texas Education Agency | 
      
        |  | regarding the impact of the statewide assessment program on | 
      
        |  | students in special education programs. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subchapter B, Chapter 39, Education Code, is | 
      
        |  | amended by adding Section 39.02302 to read as follows: | 
      
        |  | Sec. 39.02302.  STUDY OF IMPACT OF STATEWIDE ASSESSMENT | 
      
        |  | PROGRAM ON STUDENTS IN SPECIAL EDUCATION PROGRAMS.  (a)  The agency | 
      
        |  | shall conduct a study of the impact of the statewide assessment | 
      
        |  | program on students in a special education program under Subchapter | 
      
        |  | A, Chapter 29. | 
      
        |  | (b)  In conducting the study, the agency shall address: | 
      
        |  | (1)  whether the agency has determined that the | 
      
        |  | administration of alternate assessment instruments to students in a | 
      
        |  | special education program under Subchapter A, Chapter 29, as | 
      
        |  | provided by Section 39.023(b) complies with the Every Student | 
      
        |  | Succeeds Act (20 U.S.C. Section 6301 et seq.); and | 
      
        |  | (2)  whether administering state-required assessment | 
      
        |  | instruments, other than assessment instruments developed or | 
      
        |  | adopted under Section 39.023(b), to students in a special education | 
      
        |  | program under Subchapter A, Chapter 29, will: | 
      
        |  | (A)  provide an accurate assessment of the | 
      
        |  | academic achievement of the students; | 
      
        |  | (B)  result in the administration of assessment | 
      
        |  | instruments that are inappropriate for the educational capacity of | 
      
        |  | the students; and | 
      
        |  | (C)  result in an increase of grade-level | 
      
        |  | regression for the students. | 
      
        |  | (c)  In conducting the study the agency shall identify | 
      
        |  | specific recommendations to improve the impact of the statewide | 
      
        |  | assessment program on students in a special education program under | 
      
        |  | Subchapter A, Chapter 29, including recommendations for areas for | 
      
        |  | improvement in: | 
      
        |  | (1)  any reforms or changes with respect to contracting | 
      
        |  | with assessment instrument vendors; | 
      
        |  | (2)  any changes to rules adopted by the State Board of | 
      
        |  | Education or the commissioner relating to the development, | 
      
        |  | adoption, or administration of assessment instruments; and | 
      
        |  | (3)  any statutory changes to this code relating to the | 
      
        |  | development, adoption, or administration of assessment | 
      
        |  | instruments. | 
      
        |  | (d)  Not later than October 1, 2018, the agency shall submit | 
      
        |  | a report to each member of the legislature containing the agency's | 
      
        |  | determinations and recommendations under this section. | 
      
        |  | (e)  This section expires January 1, 2019. | 
      
        |  | SECTION 2.  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, 2017. |