HBA-JEK S.B. 676 77(R)    HBA-JEK S.B. 676 77(R)    
BILL ANALYSIS


Office of House Bill AnalysisS.B. 676
By: Zaffirini
Public Education
3/27/2001
Engrossed



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 assessment exams that measure academic
skills.  However, unschooled immigrants may need to be enrolled for more
than one year before being prepared to take the test.  Senate Bill 676
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
oneyear 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) of this bill. 

ANALYSIS

Senate Bill 676 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. 
  
S.B. 676 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.