Bill Text: TX HB2130 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to a study conducted by the Texas Education Agency regarding the statewide assessment program in relation to students in special education programs.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2017-06-12 - Effective immediately [HB2130 Detail]
Download: Texas-2017-HB2130-Enrolled.html
| H.B. No. 2130 | ||
|
|
||
| relating to a study conducted by the Texas Education Agency | ||
| regarding the statewide assessment program in relation to students | ||
| in special education programs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 39, Education Code, is | ||
| amended by adding Section 39.02302 to read as follows: | ||
| Sec. 39.02302. STUDY OF STATEWIDE ASSESSMENT PROGRAM IN | ||
| RELATION TO STUDENTS IN SPECIAL EDUCATION PROGRAMS. (a) Using data | ||
| collected by the agency, including data collected during the | ||
| 2015-2016 and 2017-2018 school years, the agency, from funds | ||
| already appropriated, shall conduct a study of the impact of the | ||
| statewide assessment program on students in a special education | ||
| program under Subchapter A, Chapter 29. | ||
| (b) In conducting the study, the agency shall address: | ||
| (1) whether the agency has determined that the | ||
| administration of alternate assessment instruments to students in a | ||
| special education program under Subchapter A, Chapter 29, as | ||
| provided by Section 39.023(b) complies with the Every Student | ||
| Succeeds Act (20 U.S.C. Section 6301 et seq.); | ||
| (2) whether administering state-required assessment | ||
| instruments, other than assessment instruments developed or | ||
| adopted under Section 39.023(b), to students in a special education | ||
| program under Subchapter A, Chapter 29, will: | ||
| (A) provide an accurate assessment of the | ||
| academic achievement of the students; | ||
| (B) result in the administration of assessment | ||
| instruments that are inappropriate for the educational capacity of | ||
| the students; | ||
| (C) result in a decrease in the number of | ||
| students promoted to the next grade level; | ||
| (D) result in a decrease in graduation rates for | ||
| the students; | ||
| (E) result in fewer opportunities to pursue | ||
| higher education options; | ||
| (F) result in fewer opportunities for | ||
| competitive integrated employment for the students; and | ||
| (G) result in any other: | ||
| (i) restrictions on the students; | ||
| (ii) alternative placements for the | ||
| students; or | ||
| (iii) limitations on the advancement of the | ||
| students; and | ||
| (3) whether making a statutory change that has the | ||
| effect of exempting students in a special education program under | ||
| Subchapter A, Chapter 29, from the administration of an assessment | ||
| instrument under Section 39.023 unless the student's parent or | ||
| guardian requests such administration would impact the statewide | ||
| assessment program and the extent of any such impact, including any | ||
| legal impact. | ||
| (c) In conducting the study, the agency shall identify | ||
| specific recommendations to improve the impact of the statewide | ||
| assessment program on students in a special education program under | ||
| Subchapter A, Chapter 29, including recommendations for: | ||
| (1) any reforms or changes with respect to contracting | ||
| with assessment instrument vendors; | ||
| (2) any reforms or changes with respect to improving | ||
| student grade-level promotion rates and student graduation rates; | ||
| (3) any reforms or changes with respect to developing | ||
| allowable accommodations and applying principles of universal | ||
| design for students during the administration of assessment | ||
| instruments; | ||
| (4) any changes to rules adopted by the State Board of | ||
| Education or the commissioner relating to the development, | ||
| adoption, or administration of assessment instruments; | ||
| (5) any statutory changes to this code relating to the | ||
| development, adoption, or administration of assessment | ||
| instruments; and | ||
| (6) any additional reforms or changes based on the | ||
| results of the study. | ||
| (d) Not later than October 1, 2018, the agency shall submit | ||
| a report to each member of the legislature containing the agency's | ||
| determinations and recommendations under this section. | ||
| (e) The agency shall publish on the agency's Internet | ||
| website the report submitted under Subsection (d), all data on | ||
| which the agency relied to form the basis of the agency's | ||
| determinations and recommendations, and the methodologies the | ||
| agency used to conduct the study. | ||
| (f) This section expires January 1, 2019. | ||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2130 was passed by the House on May 4, | ||
| 2017, by the following vote: Yeas 132, Nays 10, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2130 was passed by the Senate on May | ||
| 19, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
