Texas Education Code - EDUC § 39.02342. Paper Administration of Assessment Instruments on Request

(a) Subject to Subsection (c) and notwithstanding Section 39.023, a school district may administer in paper format a nonadaptive assessment instrument adopted or developed by the agency as a substitute for an assessment instrument required under Section 39.023(a), (c), or (l) to any student whose parent, guardian, or teacher in the applicable subject area requests the assessment instrument be administered to the student in paper format.

(b) A request for the administration of an assessment instrument in paper format to a student under this section must be submitted to the school district not later than a reasonable date as determined by the agency, which must be not later than the 60th day before the date the applicable assessment administration schedule window under Section 39.02301(i) closes.

(c) The number of students enrolled at a school district who are administered an assessment instrument in paper format for any single administration under this section may not exceed three percent of the number of students enrolled in the district.  On receipt of more requests for administration of an assessment instrument than the maximum number permitted under this subsection, the district shall accept the requests in the order received until the maximum number is reached.  The limitation described by this subsection does not apply to a student whose admission, review, and dismissal committee determines that the administration of an assessment instrument in paper format is a necessary modification for the student.