Bill Text: TX HB853 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to exemption from administration of assessment instruments for and posting of assessment instrument performance data of certain public school students.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB853 Detail]
Download: Texas-2013-HB853-Introduced.html
83R811 VOO-D | ||
By: King of Taylor | H.B. No. 853 |
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relating to exemption from administration of assessment | ||
instruments for and posting of assessment instrument performance | ||
data of certain public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 39.023(l) and (m), Education Code, are | ||
amended to read as follows: | ||
(l) The State Board of Education shall adopt rules for the | ||
administration of the assessment instruments adopted under | ||
Subsection (a) in Spanish to students in grades three through five | ||
who are of limited English proficiency, as defined by Section | ||
29.052, whose primary language is Spanish, and who are not | ||
otherwise exempt from the administration of an assessment | ||
instrument under Section 39.027(a)(1) [ |
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limited English proficiency whose primary language is Spanish, | ||
other than a student to whom Subsection (b) applies, may be assessed | ||
using assessment instruments in Spanish under this subsection for | ||
up to three years or assessment instruments in English under | ||
Subsection (a). The language proficiency assessment committee | ||
established under Section 29.063 shall determine which students are | ||
administered assessment instruments in Spanish under this | ||
subsection. | ||
(m) The commissioner by rule shall develop procedures under | ||
which the language proficiency assessment committee established | ||
under Section 29.063 shall determine which students are exempt from | ||
the administration of the assessment instruments under Section | ||
39.027(a)(1) [ |
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shall ensure that the language proficiency assessment committee | ||
provides that the exempted students are administered the assessment | ||
instruments under Subsections (a) and (c) at the earliest practical | ||
date. | ||
SECTION 2. Section 39.027, Education Code, is amended by | ||
amending Subsections (a) and (e) and adding Subsection (a-2) to | ||
read as follows: | ||
(a) A student may be administered an accommodated or | ||
alternative assessment instrument or may be granted an exemption | ||
from or a postponement of the administration of an assessment | ||
instrument under: | ||
(1) Section 39.023(a), (b), (c), or (l) for a period of | ||
up to three years [ |
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the United States if the student is of limited English proficiency, | ||
as defined by Section 29.052, and has not demonstrated proficiency | ||
in English as determined by the assessment system under Subsection | ||
(e); | ||
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(2) [ |
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period of up to two [ |
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period authorized under Subdivision (1), if the student's initial | ||
enrollment in a school in the United States was as an unschooled | ||
asylee or refugee. | ||
(a-2) If there is a conflict between this section and | ||
federal law or regulations as a result of forgoing under this | ||
section certain administration of assessment instruments to | ||
certain students, the agency shall seek a waiver from the | ||
application of conflicting federal law or regulations. | ||
(e) The commissioner shall develop an assessment system | ||
that shall be used for evaluating the academic progress, including | ||
reading proficiency in English, of all students of limited English | ||
proficiency, as defined by Section 29.052. A student who is exempt | ||
from the administration of an assessment instrument under | ||
Subsection (a)(1) [ |
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English as determined by the assessment system developed under this | ||
subsection shall be administered the assessment instruments | ||
described by Sections 39.023(a) and (c). The performance under the | ||
assessment system developed under this subsection of students to | ||
whom Subsection (a)(1) [ |
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indicator systems under Section 39.301, as applicable, the | ||
performance report under Section 39.306, and the comprehensive | ||
annual report under Section 39.332. This information shall be | ||
provided in a manner that is disaggregated by the bilingual | ||
education or special language program, if any, in which the student | ||
is enrolled. | ||
SECTION 3. Section 39.301(c), Education Code, is amended to | ||
read as follows: | ||
(c) Indicators for reporting purposes must include: | ||
(1) the percentage of graduating students who meet the | ||
course requirements established by State Board of Education rule | ||
for the minimum high school program, the recommended high school | ||
program, and the advanced high school program; | ||
(2) the results of the SAT, ACT, articulated | ||
postsecondary degree programs described by Section 61.852, and | ||
certified workforce training programs described by Chapter 311, | ||
Labor Code; | ||
(3) for students who have failed to perform | ||
satisfactorily, under each performance standard under Section | ||
39.0241, on an assessment instrument required under Section | ||
39.023(a) or (c), the performance of those students on subsequent | ||
assessment instruments required under those sections, aggregated | ||
by grade level and subject area; | ||
(4) for each campus, the number of students, | ||
disaggregated by major student subpopulations, that agree under | ||
Section 28.025(b) to take courses under the minimum high school | ||
program; | ||
(5) the percentage of students, aggregated by grade | ||
level, provided accelerated instruction under Section 28.0211(c), | ||
the results of assessment instruments administered under that | ||
section, the percentage of students promoted through the grade | ||
placement committee process under Section 28.0211, the subject of | ||
the assessment instrument on which each student failed to perform | ||
satisfactorily under each performance standard under Section | ||
39.0241, and the performance of those students in the school year | ||
following that promotion on the assessment instruments required | ||
under Section 39.023; | ||
(6) the percentage of students of limited English | ||
proficiency exempted from the administration of an assessment | ||
instrument under Section [ |
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(7) the percentage of students in a special education | ||
program under Subchapter A, Chapter 29, assessed through assessment | ||
instruments developed or adopted under Section 39.023(b); | ||
(8) the percentage of students who satisfy the college | ||
readiness measure; | ||
(9) the measure of progress toward dual language | ||
proficiency under Section 39.034(b), for students of limited | ||
English proficiency, as defined by Section 29.052; | ||
(10) the percentage of students who are not | ||
educationally disadvantaged; | ||
(11) the percentage of students who enroll and begin | ||
instruction at an institution of higher education in the school | ||
year following high school graduation; and | ||
(12) the percentage of students who successfully | ||
complete the first year of instruction at an institution of higher | ||
education without needing a developmental education course. | ||
SECTION 4. Section 39.332, Education Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) In reporting the information required by Subsection | ||
(b)(3), the agency shall separately aggregate the performance data | ||
of all students granted an exemption from administration of an | ||
assessment instrument under Section 39.027. The agency shall post | ||
on its Internet website performance data required under this | ||
subsection and Subsection (b)(3). | ||
SECTION 5. Section 39.027(g), Education Code, is repealed. | ||
SECTION 6. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 7. 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, 2013. |