TITLE: Relating to the determination of certain exemptions from the administration of state assessment instruments to public school students and to the consideration of the performance of certain students on state assessment instruments.

SUMMARY: Relating to the determination of certain exemptions from the administration of state assessment instruments to public school students and to the consideration of the performance of certain students on state assessment instruments.

FULL TEXT:
AN ACT relating to the determination of certain exemptions from the administration of state assessment instruments to public school students and to the consideration of the performance of certain students on state assessment instruments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.027, Education Code, is amended by adding Subsection (a-2) to read as follows: (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). SECTION 2. Section 39.054, Education Code, is amended by adding Subsection (d-2) to read as follows: (d-2) In evaluating performance under Subsection (c), the commissioner may not lower a performance rating for purposes of this chapter based on unsatisfactory performance on an assessment instrument administered under Section 39.023(a), (b), (c), (l), or (n) to a student for a period of two years after the student's initial enrollment in a school in the United States if the student is a student of limited English proficiency, as defined by Section 29.052. 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 purposes of this subsection. This subsection does not apply to a performance rating for purposes of: (1) compliance monitoring under Section 7.028; or (2) public school accountability under federal law. SECTION 3. Sections 39.027(a-2) and 39.054(d-2), Education Code, as added by this Act, apply to a student regardless of the date on which the student initially enrolled in a school in the United States. SECTION 4. This Act takes effect September 1, 2013.