Texas 2009 - 81st Regular

Texas Senate Bill SB1459 Compare Versions

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1	1	By: Shapiro, West S.B. No. 1459
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to education initiatives for students of limited English
7	7	proficiency and students at risk of dropping out of school.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 29, Education Code, is
10	10	amended by adding Sections 29.067, 29.068, and 29.0681 to read as
11	11	follows:
12	12	Sec. 29.067. BILINGUAL BEST PRACTICES GRANT PROGRAM.
13	13	(a) The commissioner shall establish a grant program to facilitate
14	14	identification of successful language acquisition programs in this
15	15	state for students of limited English proficiency and a
16	16	determination of the best practices used by those programs.
17	17	(b) The education research centers established under
18	18	Section 1.005 shall identify successful language acquisition
19	19	programs operated by school districts in this state based on
20	20	consideration of:
21	21	(1) the amount of time it takes a student to become
22	22	proficient in English;
23	23	(2) the continued academic progress of a student after
24	24	exiting a program; and
25	25	(3) any other factor determined to be relevant by the
26	26	centers.
27	27	(c) After successful programs are identified under
28	28	Subsection (b), the commissioner shall provide grants to pay the
29	29	costs of determining the best practices of those programs. The
30	30	education research centers must identify best practices in at least
31	31	the following areas:
32	32	(1) initial teacher training and ongoing professional
33	33	development;
34	34	(2) teaching strategies; and
35	35	(3) collaboration with institutions of higher
36	36	education.
37	37	(d) The education research centers shall also identify each
38	38	best practice considered likely to be:
39	39	(1) appropriate for implementation in another school
40	40	district, including identification of the type of district in which
41	41	implementation would be appropriate; or
42	42	(2) effective in also addressing the special needs of
43	43	students at risk of dropping out of school, as described by Section
44	44	29.081(d).
45	45	(e) The education research centers shall focus research
46	46	time and effort under this section as follows:
47	47	(1) 75 percent at middle and high schools; and
48	48	(2) 25 percent at elementary schools.
49	49	(f) Programs and strategies identified by the education
50	50	research centers as best practices must be submitted to the best
51	51	practices clearinghouse as provided by Section 7.009.
52	52	(g) Not later than January 1, 2011, the education research
53	53	centers shall prepare and deliver to the governor, the lieutenant
54	54	governor, the speaker of the house of representatives, and the
55	55	presiding officers of the standing committees of each house of the
56	56	legislature with primary jurisdiction over public education a
57	57	report addressing the results of the centers' research under this
58	58	section. This subsection expires September 1, 2011.
59	59	Sec. 29.068. OPTIONAL INTENSIVE ENGLISH PROGRAM. (a) A
60	60	district may offer an intensive English program as provided by this
61	61	section for students of limited English proficiency enrolled at or
62	62	above grade level six or promoted to grade level six.
63	63	(b) A student described by Subsection (a) is eligible to
64	64	enroll in the program if the student:
65	65	(1) has not met the requirements for transferring out
66	66	of a bilingual or English as a second language program; and
67	67	(2) has a score or relative degree of achievement on
68	68	the agency-approved English proficiency test that is below the
69	69	level specified by the commissioner for purposes of this
70	70	subdivision.
71	71	(c) A district may not require a student to enroll in a
72	72	program under this section.
73	73	(d) A district that offers a program under this section must
74	74	offer the program to all students eligible under Subsection (b).
75	75	Subject to the availability of local funds or a determination by the
76	76	commissioner that sufficient state funds are available, a district
77	77	may extend eligibility for the program to students who do not
78	78	satisfy the requirements of Subsection (b)(2) but are otherwise
79	79	eligible under Subsection (b).
80	80	(e) Notwithstanding Section 25.081 or 25.082, a program
81	81	under this section may be offered for additional school days beyond
82	82	the district's regular school year or as an extension of a regular
83	83	school day. Section 25.0811 does not apply to a program under this
84	84	section.
85	85	(f) Sections 25.085, 25.086, 25.093, and 25.094 apply to a
86	86	student enrolled in a program under this section and the student's
87	87	parent, as applicable, during the period that the program is
88	88	offered.
89	89	(g) A program under this section must:
90	90	(1) focus on targeted and systematic second language
91	91	acquisition instruction to provide students of limited English
92	92	proficiency with the foundations of the English language for
93	93	purposes of listening, speaking, reading, and writing in English;
94	94	(2) report the progress of students enrolled in the
95	95	program in achieving English language proficiency, as required by
96	96	the commissioner;
97	97	(3) be taught by an educator with an English as a
98	98	second language certificate or a bilingual certificate issued under
99	99	Subchapter B, Chapter 21; and
100	100	(4) have a student-to-teacher ratio that does not
101	101	exceed 18 to one.
102	102	(h) A district is entitled to additional funding for
103	103	attendance by eligible students in a program under this section, as
104	104	provided by Section 42.005(h).
105	105	(i) A district may not offer a program under this section as
106	106	a substitute for any other program required to be provided to
107	107	students of limited English proficiency, including a
108	108	prekindergarten program required by Section 29.153.
109	109	(j) This section does not limit the ability of a district to
110	110	provide any additional services to students of limited English
111	111	proficiency.
112	112	(k) In operating a program under this section, a district
113	113	may serve students currently enrolled in a disciplinary alternative
114	114	education program under Chapter 37 in the same classroom as other
115	115	students.
116	116	(l) The commissioner shall adopt rules to implement this
117	117	section, including rules relating to instructional requirements.
118	118	Notwithstanding any other provision of this section, the
119	119	commissioner may by rule modify the grade levels at which a program
120	120	is offered or the English language proficiency levels specified for
121	121	purposes of student program eligibility as necessary to limit
122	122	program costs to the amount of available funding.
123	123	(m) The commissioner may establish an application process
124	124	for a district seeking to offer a program under this section.
125	125	(n) The commissioner may require a district to offer a
126	126	program under this section based on an evaluation of the
127	127	effectiveness of the district's existing programs for students of
128	128	limited English proficiency.
129	129	Sec. 29.0681. STUDY. (a) The commissioner shall conduct a
130	130	study of:
131	131	(1) the effectiveness of optional intensive English
132	132	programs under Section 29.068; and
133	133	(2) best practices of public schools in assisting
134	134	students of limited English proficiency enrolled at or above grade
135	135	level six, including recent immigrants.
136	136	(b) Not later than December 1, 2010, the commissioner shall
137	137	prepare and deliver to the governor, the lieutenant governor, the
138	138	speaker of the house of representatives, and the presiding officers
139	139	of the standing committees of each house of the legislature with
140	140	primary jurisdiction over public education a report regarding the
141	141	study conducted under this section. The report must include any
142	142	recommendations for changes in programs serving students of limited
143	143	English proficiency enrolled at or above grade level six.
144	144	(c) On the request of the commissioner, an education
145	145	research center established under Section 1.005 shall assist the
146	146	commissioner in conducting the study.
147	147	(d) This section expires September 1, 2011.
148	148	SECTION 2. Subchapter C, Chapter 29, Education Code, is
149	149	amended by adding Section 29.101 to read as follows:
150	150	Sec. 29.101. DROPOUT INTERVENTION PILOT PROGRAM. (a) The
151	151	commissioner by rule shall establish a pilot program under which a
152	152	participating school district intervenes with students at risk of
153	153	dropping out of school, as described by Section 29.081(d), by using
154	154	methods focused on improving education attainment by those
155	155	students.
156	156	(b) A school district may apply to the commissioner to
157	157	participate in the pilot program. Subject to receipt of acceptable
158	158	applications, the commissioner shall select school districts for
159	159	participation in the pilot program.
160	160	(c) The pilot program shall focus on students in primary and
161	161	secondary grade levels, with emphasis on:
162	162	(1) students entering middle school; and
163	163	(2) students entering ninth grade.
164	164	(d) A school district participating in the pilot program
165	165	shall implement intervention models that include best practices
166	166	recommended by the Institute of Education Sciences practice guide,
167	167	including models that use dropout monitors and improve academic
168	168	outcomes through reading interventions. Programs and models may be
169	169	based on successful programs and models implemented in other
170	170	states.
171	171	(e) Not later than January 1 of each odd-numbered year, the
172	172	education research centers established under Section 1.005 shall
173	173	prepare and deliver to the governor, the lieutenant governor, the
174	174	speaker of the house of representatives, and the presiding officers
175	175	of the standing committees of each house of the legislature with
176	176	primary jurisdiction over public education a report detailing the
177	177	success of the pilot program starting January 1, 2013.
178	178	SECTION 3. Section 42.005, Education Code, is amended by
179	179	adding Subsection (h) to read as follows:
180	180	(h) Using funds available for that purpose, the
181	181	commissioner shall increase the average daily attendance of a
182	182	district providing an optional intensive English program under
183	183	Section 29.068. An eligible student may accumulate attendance for
184	184	purposes of this section in the same manner as under Section
185	185	29.0822(d), but may not be counted as more than one full-day
186	186	equivalent student on any calendar day. The commissioner shall by
187	187	rule limit additional funding for a student under this subsection
188	188	to no more than 20 days of attendance during a school year or the
189	189	equivalent.
190	190	SECTION 4. This Act applies beginning with the 2009-2010
191	191	school year.
192	192	SECTION 5. This Act does not make an appropriation. This
193	193	Act takes effect only if a specific appropriation for the
194	194	implementation of the Act is provided in a general appropriations
195	195	act of the 81st Legislature.
196	196	SECTION 6. Except as provided by Section 5 of this Act, this
197	197	Act takes effect immediately if it receives a vote of two-thirds of
198	198	all the members elected to each house, as provided by Section 39,
199	199	Article III, Texas Constitution. If this Act does not receive the
200	200	vote necessary for immediate effect, this Act takes effect
201	201	September 1, 2009, except as provided by Section 5 of this Act.