Bill Text: TX HB79 | 2017-2018 | 85th Legislature | Comm Sub

Texas House Bill 79 (Prior Session Legislation)

Bill Title: Relating to the use of alternative assessment instruments for students in a special education program of a public school district.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-04-26 - Committee report sent to Calendars [HB79 Detail]

Download: Texas-2017-HB79-Comm_Sub.html

	85R18566 MK-F

	By: Guillen	H.B. No. 79

	Substitute the following for H.B. No. 79:

	By: Bernal	C.S.H.B. No. 79



	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of alternative assessment instruments for
	students in a special education program of a public school
	district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.02316 to read as follows:
	Sec. 39.02316. REQUIREMENTS RELATING TO ALTERNATIVE
	ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM.
	(a) The agency may not limit the percentage of students in a
	special education program of a school district under Subchapter A,
	Chapter 29, who are appropriately assessed through alternative
	assessment instruments based on state eligibility criteria.
	(b) The commissioner shall ensure that, in adopting any
	indicator under Section 39.053 for evaluating school district
	performance, the performance rating of a school district with, as
	determined by the commissioner, a disproportionately high
	percentage of enrolled students with disabilities appropriately
	assessed through alternative assessment instruments would not be
	adversely affected on the basis of:
	(1) the district's participation in a shared services
	arrangement under Section 29.007;
	(2) the district's operation of a multidistrict
	classroom for students with significant cognitive disabilities; or
	(3) the district's providing special services to a
	disproportionately high percentage of enrolled students with
	significant cognitive disabilities, as determined by the
	commissioner.
	SECTION 2. Section 39.057, Education Code, is amended by
	amending Subsection (a) and adding Subsection (b-1) to read as
	follows:
	(a) The commissioner may authorize special accreditation
	investigations to be conducted:
	(1) when excessive numbers of absences of students
	eligible to be tested on state assessment instruments are
	determined;
	(2) when excessive numbers of allowable exemptions
	from the required state assessment instruments are determined;
	(3) in response to complaints submitted to the agency
	with respect to alleged violations of civil rights or other
	requirements imposed on the state by federal law or court order;
	(4) in response to established compliance reviews of
	the district's financial accounting practices and state and federal
	program requirements;
	(5) when extraordinary numbers of student placements
	in disciplinary alternative education programs, other than
	placements under Sections 37.006 and 37.007, are determined;
	(6) in response to an allegation involving a conflict
	between members of the board of trustees or between the board and
	the district administration if it appears that the conflict
	involves a violation of a role or duty of the board members or the
	administration clearly defined by this code;
	(7) subject to Subsection (b-1), when excessive
	numbers of students in special education programs under Subchapter
	A, Chapter 29, are assessed through alternative assessment
	instruments developed or adopted under Section 39.023(b);
	(8) in response to an allegation regarding or an
	analysis using a statistical method result indicating a possible
	violation of an assessment instrument security procedure
	established under Section 39.0301, including for the purpose of
	investigating or auditing a school district under that section;
	(9) when a significant pattern of decreased academic
	performance has developed as a result of the promotion in the
	preceding two school years of students who did not perform
	satisfactorily as determined by the commissioner under Section
	39.0241(a) on assessment instruments administered under Section
	39.023(a), (c), or (l);
	(10) when excessive numbers of students eligible to
	enroll fail to complete an Algebra II course or any other advanced
	course as determined by the commissioner;
	(11) when resource allocation practices as evaluated
	under Section 39.0821 indicate a potential for significant
	improvement in resource allocation;
	(12) when a disproportionate number of students of a
	particular demographic group is graduating with a particular
	endorsement under Section 28.025(c-1);
	(13) when an excessive number of students is
	graduating with a particular endorsement under Section
	28.025(c-1);
	(14) in response to a complaint submitted to the
	agency with respect to alleged inaccurate data that is reported
	through the Public Education Information Management System (PEIMS)
	or through other reports required by state or federal law or rule or
	court order and that is used by the agency to make a determination
	relating to public school accountability, including accreditation,
	under this chapter; or
	(15) as the commissioner otherwise determines
	necessary.
	(b-1) For purposes of Subsection (a)(7), a school district
	does not assess excessive numbers of students in special education
	programs under Subchapter A, Chapter 29, through alternative
	assessments if the district appropriately assesses those students
	as provided by Section 39.02316.
	SECTION 3. This Act applies beginning with the 2017-2018
	school year.
	SECTION 4. 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.