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AN ACT
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relating to a study conducted by the Texas Education Agency |
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regarding the statewide assessment program in relation to students |
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in special education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02302 to read as follows: |
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Sec. 39.02302. STUDY OF STATEWIDE ASSESSMENT PROGRAM IN |
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RELATION TO STUDENTS IN SPECIAL EDUCATION PROGRAMS. (a) Using data |
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collected by the agency, including data collected during the |
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2015-2016 and 2017-2018 school years, the agency, from funds |
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already appropriated, shall conduct a study of the impact of the |
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statewide assessment program on students in a special education |
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program under Subchapter A, Chapter 29. |
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(b) In conducting the study, the agency shall address: |
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(1) whether the agency has determined that the |
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administration of alternate assessment instruments to students in a |
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special education program under Subchapter A, Chapter 29, as |
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provided by Section 39.023(b) complies with the Every Student |
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Succeeds Act (20 U.S.C. Section 6301 et seq.); |
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(2) whether administering state-required assessment |
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instruments, other than assessment instruments developed or |
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adopted under Section 39.023(b), to students in a special education |
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program under Subchapter A, Chapter 29, will: |
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(A) provide an accurate assessment of the |
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academic achievement of the students; |
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(B) result in the administration of assessment |
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instruments that are inappropriate for the educational capacity of |
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the students; |
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(C) result in a decrease in the number of |
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students promoted to the next grade level; |
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(D) result in a decrease in graduation rates for |
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the students; |
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(E) result in fewer opportunities to pursue |
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higher education options; |
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(F) result in fewer opportunities for |
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competitive integrated employment for the students; and |
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(G) result in any other: |
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(i) restrictions on the students; |
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(ii) alternative placements for the |
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students; or |
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(iii) limitations on the advancement of the |
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students; and |
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(3) whether making a statutory change that has the |
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effect of exempting students in a special education program under |
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Subchapter A, Chapter 29, from the administration of an assessment |
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instrument under Section 39.023 unless the student's parent or |
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guardian requests such administration would impact the statewide |
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assessment program and the extent of any such impact, including any |
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legal impact. |
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(c) In conducting the study, the agency shall identify |
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specific recommendations to improve the impact of the statewide |
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assessment program on students in a special education program under |
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Subchapter A, Chapter 29, including recommendations for: |
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(1) any reforms or changes with respect to contracting |
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with assessment instrument vendors; |
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(2) any reforms or changes with respect to improving |
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student grade-level promotion rates and student graduation rates; |
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(3) any reforms or changes with respect to developing |
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allowable accommodations and applying principles of universal |
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design for students during the administration of assessment |
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instruments; |
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(4) any changes to rules adopted by the State Board of |
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Education or the commissioner relating to the development, |
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adoption, or administration of assessment instruments; |
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(5) any statutory changes to this code relating to the |
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development, adoption, or administration of assessment |
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instruments; and |
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(6) any additional reforms or changes based on the |
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results of the study. |
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(d) Not later than October 1, 2018, the agency shall submit |
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a report to each member of the legislature containing the agency's |
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determinations and recommendations under this section. |
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(e) The agency shall publish on the agency's Internet |
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website the report submitted under Subsection (d), all data on |
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which the agency relied to form the basis of the agency's |
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determinations and recommendations, and the methodologies the |
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agency used to conduct the study. |
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(f) This section expires January 1, 2019. |
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SECTION 2. 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, 2017. |
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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. 2130 was passed by the House on May 4, |
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2017, by the following vote: Yeas 132, Nays 10, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2130 was passed by the Senate on May |
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19, 2017, 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 |