Texas 2009 - 81st Regular

Texas House Bill HB4079 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R14438 CAS-D
2	2	By: Farrar H.B. No. 4079
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a secondary-level English language learners' program
8	8	for public school students of limited English proficiency.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 29.053(d), Education Code, is amended to
11	11	read as follows:
12	12	(d) Each district that is required to offer bilingual
13	13	education and special language programs under this section shall
14	14	offer the following for students of limited English proficiency:
15	15	(1) bilingual education in kindergarten through the
16	16	elementary grades;
17	17	(2) bilingual education, instruction in English as a
18	18	second language, or other transitional language instruction
19	19	approved by the agency in post-elementary grades through grade 8;
20	20	and
21	21	(3) a secondary-level [instruction in] English [as a
22	22	second] language learners' program, as provided by Sections
23	23	29.055(b-1) and (b-2), in grades 9 through 12.
24	24	SECTION 2. Section 29.055, Education Code, is amended by
25	25	adding Subsections (b-1), (b-2), and (g) to read as follows:
26	26	(b-1) A secondary-level English language learners' program
27	27	required by Section 29.053(d)(3) must include the following
28	28	components:
29	29	(1) consistent with Section 29.056 and any other law:
30	30	(A) identification and placement procedures
31	31	that are based on information concerning a student's proficiency in
32	32	English and in the student's primary language; and
33	33	(B) specialized identification and placement
34	34	procedures and instructional support services for students who are
35	35	recent immigrants, as determined under commissioner rule, that take
36	36	into consideration a student's previous school experience;
37	37	(2) assessment, approved by the agency, that:
38	38	(A) is administered in English and, in
39	39	appropriate cases as determined under commissioner rule, in a
40	40	student's primary language; and
41	41	(B) measures a student's progress toward state
42	42	and district academic performance standards or mastery of subject
43	43	matter content;
44	44	(3) instruction in English as a second language that
45	45	is aligned with the various levels of English language proficiency
46	46	of students of limited English proficiency;
47	47	(4) in each subject in the required curriculum under
48	48	Section 28.002 that is designated as a core content area by
49	49	commissioner rule:
50	50	(A) use of sheltered instruction to teach
51	51	students, using the English language in a manner that enables
52	52	students to learn both the subject area material and the English
53	53	language; and
54	54	(B) adaptation of the standard curriculum in a
55	55	manner that results in a curriculum that:
56	56	(i) is consistent with and is as rigorous as
57	57	the standard secondary-level curriculum; and
58	58	(ii) is consistent with a student's level of
59	59	proficiency in English;
60	60	(5) instruction by:
61	61	(A) teachers who are appropriately certified for
62	62	English as a second language; and
63	63	(B) subject area teachers who are trained in
64	64	adapting instruction for students of limited English proficiency;
65	65	(6) a strategy that involves parents of
66	66	secondary-level students of limited English proficiency and, as
67	67	appropriate, interested members of the community in assessment of
68	68	the effectiveness of the program provided under this subsection;
69	69	and
70	70	(7) access to supplemental instructional services for
71	71	any student of limited English proficiency who does not reach
72	72	state, district, or campus academic performance standards.
73	73	(b-2) An educator, including an administrator, associated
74	74	with a secondary-level English language learners' program under
75	75	Subsection (b-1) must, as provided by State Board for Educator
76	76	Certification rule, participate in ongoing professional
77	77	development in effective, research-based practices for serving
78	78	students of limited English proficiency. In satisfying the
79	79	professional development requirements adopted under this
80	80	subsection, a subject area teacher serving students of limited
81	81	English proficiency must:
82	82	(1) not later than the second anniversary of the date
83	83	the teacher begins teaching students of limited English
84	84	proficiency, complete:
85	85	(A) at least six semester credit hours of higher
86	86	education coursework in English as a second language contact
87	87	methodology; or
88	88	(B) professional development, equivalent as
89	89	determined under State Board for Educator Certification rule in the
90	90	time commitment necessary for satisfying the requirement under
91	91	Paragraph (A), in using sheltered instruction to teach a subject
92	92	area; and
93	93	(2) after completing the requirement prescribed by
94	94	Subdivision (1)(A) or (B), annually complete at least 12 hours of
95	95	professional development in research-based strategies for teaching
96	96	English as a second language.
97	97	(g) The commissioner and the State Board for Educator
98	98	Certification, as applicable, shall adopt rules as necessary to
99	99	administer this section.
100	100	SECTION 3. (a) Not later than March 1, 2010:
101	101	(1) the commissioner of education shall adopt rules as
102	102	necessary to administer Section 29.055(b-1), Education Code, as
103	103	added by this Act; and
104	104	(2) the State Board for Educator Certification shall
105	105	adopt rules as necessary to administer Section 29.055(b-2),
106	106	Education Code, as added by this Act.
107	107	(b) Beginning with the 2010-2011 school year, each school
108	108	district shall provide a secondary-level English language
109	109	learners' program as provided by Sections 29.055(b-1) and (b-2),
110	110	Education Code, as added by this Act.
111	111	(c) Notwithstanding Section 29.055(b-2)(1), a public school
112	112	teacher teaching students of limited English proficiency on or
113	113	before March 1, 2010, must comply with the educational or
114	114	professional development requirements of that provision not later
115	115	than March 1, 2012.
116	116	SECTION 4. This Act takes effect immediately if it receives
117	117	a vote of two-thirds of all the members elected to each house, as
118	118	provided by Section 39, Article III, Texas Constitution. If this
119	119	Act does not receive the vote necessary for immediate effect, this
120	120	Act takes effect September 1, 2009.