Bill Text: TX HB1906 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to procedures for the alternative assessment of certain public school students that receive special education services and alternative accountability plans for certain campuses serving students that receive special education services.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed) 2019-05-16 - Left pending in committee [HB1906 Detail]

Download: Texas-2019-HB1906-Engrossed.html
 
 
  By: Burns, Shaheen H.B. No. 1906
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures for the alternative assessment of certain
  public school students that receive special education services and
  alternative accountability plans for certain campuses serving
  students that receive special education services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023, Education Code, is amended by
  adding Subsections (b-2) and (b-3) to read as follows:
         (b-2)  Notwithstanding Subsection (b), (b-1), or any other
  law, and to the extent consistent with federal law, the parent of or
  person standing in parental relation to a student with significant
  cognitive disabilities may request that the student be exempted
  from the administration of an alternative assessment instrument
  adopted or developed under Subsection (b) or (b-1).  If a parent or
  person standing in parental relation makes a request for exemption
  under this subsection, the student's admission, review, and
  dismissal committee, in consultation with the parent or person
  standing in parental relation, shall determine if the student
  should be exempted from administration of the alternative
  assessment instrument.  If the student is exempted from
  administration of the alternative assessment instrument under this
  subsection, the student must be assessed in the applicable subject
  using the alternative assessment method developed under Subsection
  (b-3).
         (b-3)  The commissioner, in consultation with stakeholders,
  including parents of and persons standing in parental relation to
  students with significant cognitive disabilities, shall develop
  for each applicable subject an alternative assessment method for
  the assessment of students who receive an exemption from the
  administration of an alternative assessment instrument under
  Subsection (b-2).  The criteria for the assessment method must
  include progress on the goals identified in the student's
  individualized education plan.  The commissioner shall adopt rules
  necessary to implement this subsection.
         SECTION 2.  Subchapter C, Chapter 39, Education Code, is
  amended by adding Section 39.0547 to read as follows:
         Sec. 39.0547.  EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
  In this section, "specialized support campus" means a school
  district campus that:
               (1)  has a campus identification number;
               (2)  serves students enrolled in any grade level at
  which state assessment instruments are administered; and
               (3)  has a student enrollment in which:
                     (A)  at least 90 percent of students receive
  special education services under Subchapter A, Chapter 29; and
                     (B)  a significant percentage of the students
  required to take an assessment instrument under Section 39.023:
                           (i)  take an alternative assessment
  instrument under Section 39.023(b) or (b-1); and
                           (ii)  are unable to provide an authentic
  academic response on that assessment instrument.
         (b)  The commissioner, in consultation with administrators
  of specialized support campuses, teachers at specialized support
  campuses, parents and guardians of students enrolled at specialized
  support campuses, and other stakeholders, by rule shall establish
  appropriate accountability guidelines under this chapter for use by
  a specialized support campus in developing an alternative
  accountability plan under Subsection (c) based on the specific
  student population served by the campus. The commissioner shall
  provide for public notice and comment in adopting rules under this
  subsection.
         (c)  A specialized support campus may develop and submit to
  the commissioner for approval an alternative accountability plan
  tailored to the student population served by the campus, based on
  the guidelines established under Subsection (b). The commissioner
  may approve the alternative accountability plan only if the plan:
               (1)  follows the guidelines established under
  Subsection (b); and
               (2)  complies with applicable federal law.
         (d)  Notwithstanding any other provision of this code, if the
  commissioner approves an alternative accountability plan developed
  by a specialized support campus under Subsection (c), the
  commissioner shall determine, report, and consider the performance
  of students enrolled at the campus using that plan.
         (e)  Not later than December 1, 2022, the commissioner shall
  submit to the governor, the lieutenant governor, the speaker of the
  house of representatives, and the standing legislative committees
  with primary jurisdiction over public education a report on the
  effectiveness of this section in evaluating specialized support
  campuses and any recommendations for legislative or other action.
         (f)  This section expires September 1, 2023.
         SECTION 3.  Not later than January 1, 2020, the Texas
  Education Agency shall apply to the United States Department of
  Education for a waiver of the annual alternate assessment of
  students with significant cognitive disabilities required under
  the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
  the Individuals with Disabilities Education Act (20 U.S.C. Section
  1400 et seq.).
         SECTION 4.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 5.  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, 2019.
feedback