| 1 | 1 | | 81R1372 KKA-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 4000 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to participation by certain students in bilingual and |
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| 8 | 8 | | special language programs provided by school districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 29.052(1), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (1) "Student of limited English proficiency" means a |
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| 13 | 13 | | student: |
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| 14 | 14 | | (A) whose primary language is other than English |
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| 15 | 15 | | and whose English language skills are such that the student has |
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| 16 | 16 | | difficulty performing ordinary classwork in English; or |
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| 17 | 17 | | (B) whose primary language is English, but whose |
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| 18 | 18 | | English language skills do not reflect a proficiency in standard |
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| 19 | 19 | | usage of the English language. |
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| 20 | 20 | | SECTION 2. Section 29.053, Education Code, is amended by |
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| 21 | 21 | | adding Subsection (c-1) to read as follows: |
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| 22 | 22 | | (c-1) Students described by Section 29.052(1)(B) are not |
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| 23 | 23 | | included in determining whether a district is required to offer a |
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| 24 | 24 | | bilingual or special language program. If a district offers a |
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| 25 | 25 | | bilingual or special language program, the district shall permit |
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| 26 | 26 | | students described by Section 29.052(1)(B) to participate in the |
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| 27 | 27 | | program and shall make reasonable modifications to the program as |
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| 28 | 28 | | necessary to reflect the inclusion of those students. |
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| 29 | 29 | | SECTION 3. This Act applies beginning with the 2009-2010 |
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| 30 | 30 | | school year. |
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| 31 | 31 | | SECTION 4. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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