HBA-JEK C.S.H.B. 1374 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1374 By: Oliveira Public Education 3/19/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, immigrants with a primary language other than Spanish or recent unschooled immigrants who have been enrolled for less than one year are extended an exemption from exams that measure the assessment of academic skills. However, unschooled immigrants may need to be enrolled for more than one year before being prepared to take the test. C.S.H.B. 1374 provides for a three-year exemption of recent unschooled immigrants and students who do not have a test in their primary language available and a one-year exemption for other students who have not demonstrated proficiency in English. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 1 (Section 39.023, Education Code) and SECTION 2 (Section 39.027, Education Code). ANALYSIS C.S.H.B. 1374 amends the Education Code to authorize a student of limited English proficiency (LEP) who has not demonstrated proficiency in English as determined by the assessment system developed by the commissioner to be exempted from the administration of an essential knowledge and skills assessment instrument (assessment instrument) by the school district's language proficiency assessment committee (LPAC) until the first anniversary of the date of the student's initial enrollment in a public school in the United States. The bill authorizes an LEP student to be exempted until the third anniversary of the date of the student's initial enrollment in a public school in the United States if the student is a recent unschooled immigrant as defined by commissioner rule, or is in a grade for which an assessment instrument in the student's primary language is not available. C.S.H.B. 1374 requires the LPAC to determine which LEP students are exempted from the assessment instruments and which are administered assessment instruments in Spanish. The bill requires the commissioner of education by rule to develop a procedure that the LPAC is required to use to determine which LEP students are exempted from assessment instruments. The bill provides that the commissioner's rules must include provisions to encourage the LPAC to require assessment of each student at the earliest date practicable. The bill requires a student who was exempted because of LEP or who was administered the instrument in Spanish, but who now demonstrates proficiency in English as determined on the basis of the English proficiency assessment system prescribed by current law, to be administered the essential knowledge and skills assessment instrument in English. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. The Act applies beginning with the 2001-2002 school year. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1374 differs from the original by requiring a LEP student who was administered the Spanish version of the assessment instrument and now demonstrates proficiency in English to take the standard assessment instrument in English.