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A BILL TO BE ENTITLED
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AN ACT
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relating to the paper administration of certain assessment |
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instruments and information related to assessment instrument |
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accommodations for students with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.02342, Education Code, is amended to |
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read as follows: |
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Sec. 39.02342. PAPER ADMINISTRATION OF ASSESSMENT |
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INSTRUMENTS [ON REQUEST]. (a) A school district shall administer |
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an assessment instrument required under Section 39.023(a) or (l) to |
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a student in the third or fourth grade in paper format. |
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(b) In addition to the required administration of certain |
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assessment instruments in paper format under Subsection (a) and |
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subject [Subject] to Subsection (c), a school district may |
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administer an assessment instrument required under Section |
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39.023(a), (c), or (l) in paper format to any student whose parent, |
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guardian, or teacher in the applicable subject area requests the |
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assessment instrument be administered to the student in paper |
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format. |
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[(b)] A request [for the administration of an assessment |
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instrument in paper format to a student] under this subsection |
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[section] must be submitted to the school district: |
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(1) for a fall administration of an assessment |
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instrument, not later than September 15 of the school year in which |
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the assessment instrument will be administered; and |
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(2) for a spring administration of an assessment |
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instrument, not later than December 1 of the school year in which |
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the assessment instrument will be administered. |
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(c) The board of trustees of a school district may limit the |
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[The] number of students enrolled at a school district who are |
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administered an assessment instrument in paper format for any |
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single administration under Subsection (b) to not less than [this |
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section may not exceed] three percent of the number of students |
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enrolled in the district. On receipt by a district that has imposed |
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a limitation under this subsection of more requests for |
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administration of an assessment instrument than the maximum number |
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permitted by the district under this subsection, the district shall |
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accept the requests in the order received until the maximum number |
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is reached. A [The] limitation adopted under [described by] this |
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subsection may [does] not apply to a student who is a student with a |
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disability as defined by Section 21.001 [whose admission, review, |
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and dismissal committee determines that the administration of an |
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assessment instrument in paper format is a necessary modification |
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for the student]. |
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SECTION 2. The heading to Section 39.027, Education Code, |
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is amended to read as follows: |
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Sec. 39.027. EXEMPTION; INFORMATION RELATED TO ASSESSMENT |
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ACCOMMODATIONS. |
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SECTION 3. Section 39.027, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The agency shall develop a form that provides |
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information regarding accommodations applicable to the assessment |
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instruments administered under Section 39.023 that are available to |
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a student with a disability, as defined by Section 21.001, |
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including the administration of the assessment instrument in paper |
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format under Section 39.02342. Each school district shall provide |
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the form developed under this subsection to parents or persons |
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standing in parental relation to students with a disability. |
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SECTION 4. (a) Each board of trustees of a school district |
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and each governing body of an open-enrollment charter school shall |
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take a record vote not later than six months after the effective |
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date of this Act on whether to impose a limitation under Section |
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39.02342(c), Education Code, as amended by this Act, on the number |
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of students who are administered an assessment instrument in paper |
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format under Section 39.02342(b), Education Code, as amended by |
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this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Education Agency shall develop the form required by |
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Section 39.027(b-1), Education Code, as added by this Act. |
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SECTION 5. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 6. 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, 2025. |