81R1375 PAM-D By: Davis of Dallas H.B. No. 3999 A BILL TO BE ENTITLED AN ACT relating to requiring Spanish language instruction in public elementary schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 28.002, Education Code, is amended by amending Subsection (a) and adding Subsection (o) to read as follows: (a) Each school district that offers kindergarten through grade 12 shall offer, as a required curriculum: (1) a foundation curriculum that includes: (A) English language arts; (B) mathematics; (C) science; [and] (D) social studies, consisting of Texas, United States, and world history, government, and geography; and (E) Spanish language; and (2) an enrichment curriculum that includes: (A) to the extent possible, languages other than English and Spanish; (B) health, with emphasis on the importance of proper nutrition and exercise; (C) physical education; (D) fine arts; (E) economics, with emphasis on the free enterprise system and its benefits; (F) career and technology education; (G) technology applications; and (H) religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature. (o) A student enrolled in kindergarten through grade three must participate in a Spanish language course as part of the school district's Spanish language curriculum. The State Board of Education shall develop a Spanish language program that a school district may use in the Spanish language curriculum under Subsection (a)(1)(E). SECTION 2. Section 39.023(a), Education Code, is amended to read as follows: (a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, [and] science, and Spanish. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in: (1) mathematics, annually in grades three through seven without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra; (2) reading, annually in grades three through eight; (3) writing, including spelling and grammar, in grades four and seven; (4) social studies, in grade eight; (5) science, in grades five and eight; [and] (6) Spanish language, in grade five; and (7) any other subject and grade required by federal law. SECTION 3. Not later than January 1, 2010, the State Board of Education shall develop a Spanish language program as required by Section 28.002(o), Education Code, as added by this Act. SECTION 4. (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2010-2011 school year. (b) Section 39.023(a), Education Code, as amended by this Act, applies beginning with the 2012-2013 school year. SECTION 5. This Act takes effect September 1, 2009.