85R2745 KKA-F
 
  By: Rodríguez S.B. No. 160
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition of a monitoring system performance
  indicator based on the number or percentage of students receiving
  special education services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0011 to read as follows:
         Sec. 29.0011.  PROHIBITED PERFORMANCE INDICATOR. (a)  
  Notwithstanding Section 29.001(5), Section 29.010, or any other
  provision of this code, the commissioner or agency may not adopt or
  implement a performance indicator in any agency monitoring system,
  including the performance-based monitoring analysis system, that
  evaluates the total number of enrolled students or the overall
  percentage of the total number of enrolled students of a school
  district or open-enrollment charter school who receive special
  education services.
         (b)  Subsection (a) does not:
               (1)  prohibit a performance indicator designed to
  monitor disproportionality by assessing the percentage of specific
  racial or ethnic groups who receive special education services; or
               (2)  affect the duty of the commissioner or agency to
  provide and report information as required by state or federal law
  on students who receive special education services.
         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.