Bill Text: TX HB2130 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to a study conducted by the Texas Education Agency regarding the statewide assessment program in relation to students in special education programs.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2017-06-12 - Effective immediately [HB2130 Detail]

Download: Texas-2017-HB2130-Enrolled.html
 
 
  H.B. No. 2130
 
 
 
 
AN ACT
  relating to a study conducted by the Texas Education Agency
  regarding the statewide assessment program in relation to 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 STATEWIDE ASSESSMENT PROGRAM IN
  RELATION TO STUDENTS IN SPECIAL EDUCATION PROGRAMS. (a) Using data
  collected by the agency, including data collected during the
  2015-2016 and 2017-2018 school years, the agency, from funds
  already appropriated, 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.);
               (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;
                     (C)  result in a decrease in the number of
  students promoted to the next grade level;
                     (D)  result in a decrease in graduation rates for
  the students;
                     (E)  result in fewer opportunities to pursue
  higher education options;
                     (F)  result in fewer opportunities for
  competitive integrated employment for the students; and
                     (G)  result in any other:
                           (i)  restrictions on the students;
                           (ii)  alternative placements for the
  students; or
                           (iii)  limitations on the advancement of the
  students; and
               (3)  whether making a statutory change that has the
  effect of exempting students in a special education program under
  Subchapter A, Chapter 29, from the administration of an assessment
  instrument under Section 39.023 unless the student's parent or
  guardian requests such administration would impact the statewide
  assessment program and the extent of any such impact, including any
  legal impact.
         (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:
               (1)  any reforms or changes with respect to contracting
  with assessment instrument vendors;
               (2)  any reforms or changes with respect to improving
  student grade-level promotion rates and student graduation rates;
               (3)  any reforms or changes with respect to developing
  allowable accommodations and applying principles of universal
  design for students during the administration of assessment
  instruments;
               (4)  any changes to rules adopted by the State Board of
  Education or the commissioner relating to the development,
  adoption, or administration of assessment instruments;
               (5)  any statutory changes to this code relating to the
  development, adoption, or administration of assessment
  instruments; and
               (6)  any additional reforms or changes based on the
  results of the study.
         (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)  The agency shall publish on the agency's Internet
  website the report submitted under Subsection (d), all data on
  which the agency relied to form the basis of the agency's
  determinations and recommendations, and the methodologies the
  agency used to conduct the study.
         (f)  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2130 was passed by the House on May 4,
  2017, by the following vote:  Yeas 132, Nays 10, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2130 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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