By: Shaheen	H.B. No. 4613

	A BILL TO BE ENTITLED
	AN ACT
	relating to the waiving academic assessment and testing for
	children in special education services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 39.027, Education Code, is amended to
	read as follows:
	Sec. 39.027.  EXEMPTION.
	(a)  A student may be administered an accommodated or
	alternative assessment instrument or may be granted an exemption
	from or a postponement of the administration of an assessment
	instrument under:
	(1)  Section 39.023(a), (b), (c), or (l) for a period of
	up to one year after initial enrollment in a school in the United
	States if the student is of limited English proficiency, as defined
	by Section 29.052, and has not demonstrated proficiency in English
	as determined by the assessment system under Subsection (e);
	(2)  Section 39.023(a), (b), (c), or (l) for a period of
	up to two years in addition to the exemption period authorized by
	Subdivision (1) if the student has received an exemption under
	Subdivision (1) and:
	(A)  is a recent unschooled immigrant; or
	(B)  is in a grade for which no assessment
	instrument in the primary language of the student is available; or
	(3)  Section 39.023(a), (b), (c), or (l) for a period of
	up to four years, in addition to the exemption period authorized
	under Subdivision (1), if the student's initial enrollment in a
	school in the United States was as an unschooled asylee or refugee.
	(a-1)  For purposes of this section, "unschooled asylee or
	refugee" means a student who:
	(1)  initially enrolled in a school in the United
	States as:
	(A)  an asylee as defined by 45 C.F.R. Section
	400.41; or
	(B)  a refugee as defined by 8 U.S.C. Section
	1101;
	(2)  has a visa issued by the United States Department
	of State with a Form I-94 Arrival/Departure record, or a successor
	document, issued by the United States Citizenship and Immigration
	Services that is stamped with "Asylee," "Refugee," or "Asylum"; and
	(3)  as a result of inadequate schooling outside of the
	United States, lacks the necessary foundation in the essential
	knowledge and skills of the curriculum prescribed under Section
	28.002, as determined by the language proficiency assessment
	committee established under Section 29.063.
	(a-2)  Unless a student is enrolled in a school in the United
	States for a period of at least 60 consecutive days during a year,
	the student may not be considered to be enrolled in a school in the
	United States for that year for the purpose of determining a number
	of years under Subsection (a)(1), (2), or (3).
	(b)  The State Board of Education shall adopt rules under
	which a dyslexic student who is not exempt under Subsection (a) may
	use procedures including oral examinations if appropriate or may be
	allowed additional time or the materials or technology necessary
	for the student to demonstrate the student's mastery of the
	competencies the assessment instruments are designed to measure.
	(c)  The commissioner shall develop and adopt a process for
	reviewing the exemption process of a school district or shared
	services arrangement that gives an exemption under Subsection
	(a)(1) as follows:
	(1)  to more than five percent of the students in the
	special education program, in the case of a district or shared
	services arrangement with an average daily attendance of at least
	1,600;
	(2)  to more than 10 percent of the students in the
	special education program, in the case of a district or shared
	services arrangement with an average daily attendance of at least
	190 and not more than 1,599; or
	(3)  to the greater of more than 10 percent of the
	students in the special education program or to at least five
	students in the special education program, in the case of a district
	or shared services arrangement with an average daily attendance of
	not more than 189.
	(d)  Expired.
	(e)  The commissioner shall develop an assessment system
	that shall be used for evaluating the academic progress, including
	reading proficiency in English, of all students of limited English
	proficiency, as defined by Section 29.052.  A student who is exempt
	from the administration of an assessment instrument under
	Subsection (a)(1) or (2) who achieves reading proficiency in
	English as determined by the assessment system developed under this
	subsection shall be administered the assessment instruments
	described by Sections 39.023(a) and (c).  The performance under the
	assessment system developed under this subsection of students to
	whom Subsection (a)(1) or (2) applies shall be included in the
	indicator systems under Section 39.301, as applicable, the
	performance report under Section 39.306, and the comprehensive
	biennial report under Section 39.332.  This information shall be
	provided in a manner that is disaggregated by the bilingual
	education or special language program, if any, in which the student
	is enrolled.
	(f)  In this section, "average daily attendance" is computed
	in the manner provided by Section 42.005.
	(g)  For purposes of this section, "recent unschooled
	immigrant" means an immigrant who initially enrolled in a school in
	the United States not more than 12 months before the date of the
	administration of an assessment instrument under Section 39.023(a)
	or (l) and who, as a result of inadequate schooling outside of the
	United States, lacks the necessary foundation in the essential
	knowledge and skills of the curriculum prescribed under Section
	28.002 as determined by the language proficiency assessment
	committee established under Section 29.063.  For purposes of this
	subsection and to the extent authorized by federal law, a child's
	prior enrollment in a school in the United States shall be
	determined on the basis of documents and records required under
	Section 25.002(a).
	(h)Texas Education testing requirements are waived for
	individuals who qualify for Special education instruction as
	determined under Section 29.003
	SECTION 2.  Section 29.002, Education Code, is amended to
	read as follows:
	Sec. 29.002.  DEFINITION. In this subchapter, "special
	services" means:
	(1)  special education instruction, which may be
	provided by professional and supported by paraprofessional
	personnel in the regular classroom or in an instructional
	arrangement described by Section 42.151; and
	(2)  related services, which are developmental,
	corrective, supportive, or evaluative services, not instructional
	in nature, that may be required for the student to benefit from
	special education instruction and for implementation of a student's
	individualized education program.
	(3)  Special Education testing requirements exemption
	waiver from State mandated testing:
	(a)  that inhibited their education learning
	outcomes.
	(b)  Texas Education Agency in conjunction with
	the United State Department of Education determine testing is not
	applicable.
	SECTION 3.  Section 29.003, Education Code, is amended to
	read as follows:
	Sec. 29.003.  ELIGIBILITY CRITERIA. (a)  The agency shall
	develop specific eligibility criteria based on the general
	classifications established by this section with reference to
	contemporary diagnostic or evaluative terminologies and
	techniques. Eligible students with disabilities shall enjoy the
	right to a free appropriate public education, which may include
	instruction in the regular classroom, instruction through special
	teaching, Waivers to State mandated testing and federal testing as
	possibly through a waiver of Federal Education Testing requirements
	or instruction through contracts approved under this subchapter.
	Instruction shall be supplemented by the provision of related
	services when appropriate.
	(b)  A student is eligible to participate in a school
	district's special education program if the student:
	(1)  is not more than 21 years of age and has a visual or
	auditory impairment that prevents the student from being adequately
	or safely educated in public school without the provision of
	special services; or
	(2)  is at least three but not more than 21 years of age
	and has one or more of the following disabilities that prevents the
	student from being adequately or safely educated in public school
	without the provision of special services:
	(A)  physical disability;
	(B)  mental retardation;
	(C)  emotional disturbance;
	(D)  learning disability;
	(E)  autism;
	(F)  speech disability; or
	(G)  traumatic brain injury.
	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.