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AN ACT
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relating to the essential knowledge and skills of the required |
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public school curriculum and to certain state-adopted or |
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state-developed assessment instruments for public school students. |
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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 Subsections (a-3), (a-4), (a-5), (a-6), (b-1), and (b-2) to |
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read as follows: |
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(a-3) Before an assessment instrument adopted or developed |
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under Subsection (a) may be administered under that subsection, the |
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assessment instrument must, on the basis of empirical evidence, be |
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determined to be valid and reliable by an entity that is independent |
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of the agency and of any other entity that developed the assessment |
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instrument. |
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(a-4) The agency shall ensure that an assessment instrument |
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adopted or developed under Subsection (a) is designed to primarily |
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assess the essential knowledge and skills identified by the State |
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Board of Education under Section 28.002 of the subject and for the |
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grade level for which the assessment instrument is administered. |
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Only to the extent necessary or helpful for diagnostic or reporting |
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purposes, the assessment instrument may also assess supporting |
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knowledge or skills that are introduced or referenced in the |
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subject and for the grade level for which the assessment instrument |
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is administered but that are identified as essential knowledge or |
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skills primarily of a different subject or for a different grade |
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level. |
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(a-5) An assessment instrument adopted or developed under |
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Subsection (a) must be designed so that: |
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(1) if administered to students in grades three |
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through five, 85 percent of students will be able to complete the |
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assessment instrument within 120 minutes; and |
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(2) if administered to students in grades six through |
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eight, 85 percent of students will be able to complete the |
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assessment instrument within 180 minutes. |
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(a-6) The amount of time allowed for administration of an |
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assessment instrument adopted or developed under Subsection (a) may |
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not exceed eight hours, and the administration may occur on only one |
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day. |
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(b-1) The agency, in conjunction with appropriate |
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interested persons, shall redevelop assessment instruments adopted |
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or developed under Subsection (b) for administration to |
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significantly cognitively disabled students in a manner consistent |
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with federal law. An assessment instrument under this subsection |
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may not require a teacher to prepare tasks or materials for a |
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student who will be administered such an assessment instrument. |
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(b-2) Assessment instruments redeveloped under Subsection |
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(b-1) shall be administered beginning not later than the 2015-2016 |
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school year. This subsection expires September 1, 2016. |
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SECTION 2. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Sections 39.0236 and 39.0237 to read as follows: |
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Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND |
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ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study |
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regarding the essential knowledge and skills of the required |
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curriculum identified by the State Board of Education under Section |
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28.002 and assessment instruments administered under Section |
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39.023. |
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(b) The study must evaluate: |
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(1) the number and scope of the essential knowledge |
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and skills of each subject of the required curriculum under Section |
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28.002, with each essential knowledge or skill identified as a |
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readiness or supporting standard, and whether the number or scope |
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should be limited; |
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(2) the number and subjects of assessment instruments |
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under Section 39.023 that are required to be administered to |
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students in grades three through eight; and |
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(3) how assessment instruments described by |
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Subdivision (2) assess standards essential for student success and |
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whether the assessment instruments should also assess supporting |
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standards, including analysis of: |
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(A) the portion of the essential knowledge and |
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skills capable of being accurately assessed; |
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(B) the appropriate skills that can be assessed |
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within the testing parameters under current law; and |
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(C) how current standards compare to those |
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parameters. |
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(c) Not later than March 1, 2014, the agency shall prepare |
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and submit to the State Board of Education a report concerning the |
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results of the study under Subsection (b). Not later than May 1, |
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2014, the State Board of Education shall review the study and shall |
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submit to the governor, each member of the legislature, and the |
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advisory committee established under Section 39.0237 the agency's |
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report and board recommendations regarding each issue evaluated |
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under Subsection (b). |
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(d) This section expires June 1, 2015. |
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Sec. 39.0237. ADVISORY COMMITTEE TO STUDY ESSENTIAL |
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KNOWLEDGE AND SKILLS AND ASSESSMENT INSTRUMENTS. (a) An advisory |
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committee shall be established to review the agency study and State |
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Board of Education recommendations under Section 39.0236. The |
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committee must be composed of: |
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(1) four members of the senate education committee |
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appointed by the lieutenant governor and four members of the house |
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public education committee appointed by the speaker of the house of |
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representatives; |
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(2) two members of the public appointed by the |
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lieutenant governor; and |
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(3) two members of the public appointed by the speaker |
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of the house of representatives. |
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(b) The advisory committee shall review the agency study and |
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State Board of Education recommendations under Section 39.0236. If |
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the advisory committee determines that the agency study is |
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insufficient, the advisory committee may perform an additional |
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independent study to evaluate the agency study components required |
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under Section 39.0236(b). |
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(c) Not later than January 1, 2015, the committee shall |
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prepare and submit to the governor, each member of the legislature, |
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the commissioner, and the State Board of Education a report that |
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includes, as applicable, the results of the committee's review of |
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the agency study or the results of the committee's independent |
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study and recommendations regarding each issue evaluated under |
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Section 39.0236(b). |
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(d) Based on the study under Section 39.0236(b) and the |
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advisory committee report under Subsection (c), the State Board of |
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Education shall adopt policies and procedures to limit the number |
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and scope of the essential knowledge and skills of each subject and |
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grade level to correspond with the readiness standards capable of |
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being accurately assessed by applicable assessment instruments. |
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(e) This section expires June 1, 2015. |
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SECTION 3. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0263 to read as follows: |
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Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED |
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BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR |
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STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) In this section, |
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"benchmark assessment instrument" means a district-required |
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assessment instrument designed to prepare students for a |
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corresponding state-administered assessment instrument. |
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(b) Except as provided by Subsection (c), a school district |
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may not administer to any student more than two benchmark |
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assessment instruments to prepare the student for a corresponding |
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state-administered assessment instrument. |
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(c) The prohibition prescribed by this section does not |
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apply to the administration of a college preparation assessment |
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instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT, |
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an advanced placement test, an international baccalaureate |
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examination, or an independent classroom examination designed or |
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adopted and administered by a classroom teacher. |
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(d) A parent of or person standing in parental relation to a |
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student who has special needs, as determined in accordance with |
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commissioner rule, may request administration to the student of |
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additional benchmark assessment instruments. |
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SECTION 4. Section 39.0301, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In establishing procedures for the administration of |
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assessment instruments under Subsection (a)(1), the commissioner |
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shall ensure that the procedures are designed to minimize |
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disruptions to school operations and the classroom environment. In |
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implementing the procedures established for the administration of |
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assessment instruments under Subsection (a)(1), a school district |
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shall minimize disruptions to school operations and the classroom |
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environment. |
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SECTION 5. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.038 to read as follows: |
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Sec. 39.038. AUDITING AND MONITORING PERFORMANCE UNDER |
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CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall |
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develop a comprehensive methodology for auditing and monitoring |
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performance under contracts for services to develop or administer |
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assessment instruments required by Section 39.023 to verify |
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compliance with contractual obligations. |
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(b) The agency shall ensure that all new and renewed |
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contracts described by Subsection (a) include a provision that the |
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agency or a designee of the agency may conduct periodic contract |
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compliance reviews, without advance notice, to monitor vendor |
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performance. |
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(c) The agency shall adopt rules to administer this section. |
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SECTION 6. Section 39.053, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The indicator of student achievement under Subsection |
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(c)(1) may not include student performance as to supporting |
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knowledge or skills as described by Section 39.023(a-4). |
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SECTION 7. Section 39.055, Education Code, is amended to |
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read as follows: |
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Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT |
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IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY |
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PURPOSES. Notwithstanding any other provision of this code except |
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to the extent otherwise provided under Section 39.054(f), for |
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purposes of determining the performance of a school district, [or] |
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campus, or open-enrollment charter school under this chapter, a |
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student ordered by a juvenile court into a residential program or |
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facility operated by or under contract with the Texas Juvenile |
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Justice Department [Youth Commission, the Texas Juvenile Probation
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Commission], a juvenile board, or any other governmental entity or |
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any student who is receiving treatment in a residential facility is |
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not considered to be a student of the school district in which the |
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program or facility is physically located or of an open-enrollment |
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charter school, as applicable. The performance of such a student on |
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an assessment instrument or other student achievement indicator |
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adopted under Section 39.053 or reporting indicator adopted under |
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Section 39.301 shall be determined, reported, and considered |
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separately from the performance of students attending a school of |
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the district in which the program or facility is physically located |
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or an open-enrollment charter school, as applicable. |
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SECTION 8. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 9. The Texas Education Agency is required to |
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implement Sections 39.023(b-1) and (b-2), Education Code, as added |
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by this Act, only if the legislature appropriates money |
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specifically for that purpose. |
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If the legislature does not |
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appropriate money specifically for that purpose, the agency may, |
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but is not required to, implement Sections 39.023(b-1) and (b-2), |
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Education Code, using other appropriations available for that |
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purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2836 was passed by the House on April |
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30, 2013, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2836 on May 24, 2013, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2836 on May 26, 2013, by the following vote: Yeas 142, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2836 was passed by the Senate, with |
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amendments, on May 21, 2013, by the following vote: Yeas 30, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2836 on May 26, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |