85R18566 MK-F     By: Guillen H.B. No. 79     Substitute the following for H.B. No. 79:     By:  Bernal C.S.H.B. No. 79       A BILL TO BE ENTITLED   AN ACT   relating to the use of alternative assessment instruments for   students in a special education program of a public school   district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.02316 to read as follows:          Sec. 39.02316.  REQUIREMENTS RELATING TO ALTERNATIVE   ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM.   (a)  The agency may not limit the percentage of students in a   special education program of a school district under Subchapter A,   Chapter 29, who are appropriately assessed through alternative   assessment instruments based on state eligibility criteria.          (b)  The commissioner shall ensure that, in adopting any   indicator under Section 39.053 for evaluating school district   performance, the performance rating of a school district with, as   determined by the commissioner, a disproportionately high   percentage of enrolled students with disabilities appropriately   assessed through alternative assessment instruments would not be   adversely affected on the basis of:                (1)  the district's participation in a shared services   arrangement under Section 29.007;                (2)  the district's operation of a multidistrict   classroom for students with significant cognitive disabilities; or                (3)  the district's providing special services to a   disproportionately high percentage of enrolled students with   significant cognitive disabilities, as determined by the   commissioner.           SECTION 2.  Section 39.057, Education Code, is amended by   amending Subsection (a) and adding Subsection (b-1) to read as   follows:          (a)  The commissioner may authorize special accreditation   investigations to be conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the agency   with respect to alleged violations of civil rights or other   requirements imposed on the state by federal law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the board members or the   administration clearly defined by this code;                (7)  subject to Subsection (b-1), when excessive   numbers of students in special education programs under Subchapter   A, Chapter 29, are assessed through alternative assessment   instruments developed or adopted under Section 39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner under Section   39.0241(a) on assessment instruments administered under Section   39.023(a), (c), or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                (12)  when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   agency with respect to alleged inaccurate data that is reported   through the Public Education Information Management System (PEIMS)   or through other reports required by state or federal law or rule or   court order and that is used by the agency to make a determination   relating to public school accountability, including accreditation,   under this chapter; or                (15)  as the commissioner otherwise determines   necessary.          (b-1)  For purposes of Subsection (a)(7), a school district   does not assess excessive numbers of students in special education   programs under Subchapter A, Chapter 29, through alternative   assessments if the district appropriately assesses those students   as provided by Section 39.02316.           SECTION 3.  This Act applies beginning with the 2017-2018   school year.          SECTION 4.  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.