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