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.