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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from or federal waiver of the annual |
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assessment requirements for public school students with |
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significant cognitive disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.023, Education Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) Notwithstanding Subsection (b), (b-1), or any other |
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law, and to the extent consistent with federal law, the parent of or |
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person standing in parental relation to a significantly cognitively |
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disabled student may request that the student be exempted from the |
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administration of an alternative assessment instrument adopted or |
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developed under Subsection (b) or (b-1). If a parent or person |
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standing in parental relation makes a request for exemption under |
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this subsection, the student's admission, review, and dismissal |
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committee, in consultation with the parent or person standing in |
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parental relation, shall determine: |
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(1) if the student should be exempted from |
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administration of the alternative assessment instrument; and |
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(2) if the student is exempted from administration of |
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the alternative assessment instrument, whether another appropriate |
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method to assess the student's progress is available. |
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SECTION 2. Not later than January 1, 2020, the Texas |
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Education Agency shall apply to the United States Department of |
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Education for a waiver of the annual alternate assessment of |
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students with significant cognitive disabilities required under |
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the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and |
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the Individuals with Disabilities Education Act (20 U.S.C. Section |
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1400 et seq.). |
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SECTION 3. This Act applies beginning with the 2019-2020 |
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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, 2019. |