By: Shapiro, West S.B. No. 1459
A BILL TO BE ENTITLED
AN ACT
relating to education initiatives for students of limited English
proficiency and students at risk of dropping out of school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 29, Education Code, is
amended by adding Sections 29.067, 29.068, and 29.0681 to read as
follows:
Sec. 29.067. BILINGUAL BEST PRACTICES GRANT PROGRAM.
(a) The commissioner shall establish a grant program to facilitate
identification of successful language acquisition programs in this
state for students of limited English proficiency and a
determination of the best practices used by those programs.
(b) The education research centers established under
Section 1.005 shall identify successful language acquisition
programs operated by school districts in this state based on
consideration of:
(1) the amount of time it takes a student to become
proficient in English;
(2) the continued academic progress of a student after
exiting a program; and
(3) any other factor determined to be relevant by the
centers.
(c) After successful programs are identified under
Subsection (b), the commissioner shall provide grants to pay the
costs of determining the best practices of those programs. The
education research centers must identify best practices in at least
the following areas:
(1) initial teacher training and ongoing professional
development;
(2) teaching strategies; and
(3) collaboration with institutions of higher
education.
(d) The education research centers shall also identify each
best practice considered likely to be:
(1) appropriate for implementation in another school
district, including identification of the type of district in which
implementation would be appropriate; or
(2) effective in also addressing the special needs of
students at risk of dropping out of school, as described by Section
29.081(d).
(e) The education research centers shall focus research
time and effort under this section as follows:
(1) 75 percent at middle and high schools; and
(2) 25 percent at elementary schools.
(f) Programs and strategies identified by the education
research centers as best practices must be submitted to the best
practices clearinghouse as provided by Section 7.009.
(g) Not later than January 1, 2011, the education research
centers shall prepare and deliver to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
presiding officers of the standing committees of each house of the
legislature with primary jurisdiction over public education a
report addressing the results of the centers' research under this
section. This subsection expires September 1, 2011.
Sec. 29.068. OPTIONAL INTENSIVE ENGLISH PROGRAM. (a) A
district may offer an intensive English program as provided by this
section for students of limited English proficiency enrolled at or
above grade level six or promoted to grade level six.
(b) A student described by Subsection (a) is eligible to
enroll in the program if the student:
(1) has not met the requirements for transferring out
of a bilingual or English as a second language program; and
(2) has a score or relative degree of achievement on
the agency-approved English proficiency test that is below the
level specified by the commissioner for purposes of this
subdivision.
(c) A district may not require a student to enroll in a
program under this section.
(d) A district that offers a program under this section must
offer the program to all students eligible under Subsection (b).
Subject to the availability of local funds or a determination by the
commissioner that sufficient state funds are available, a district
may extend eligibility for the program to students who do not
satisfy the requirements of Subsection (b)(2) but are otherwise
eligible under Subsection (b).
(e) Notwithstanding Section 25.081 or 25.082, a program
under this section may be offered for additional school days beyond
the district's regular school year or as an extension of a regular
school day. Section 25.0811 does not apply to a program under this
section.
(f) Sections 25.085, 25.086, 25.093, and 25.094 apply to a
student enrolled in a program under this section and the student's
parent, as applicable, during the period that the program is
offered.
(g) A program under this section must:
(1) focus on targeted and systematic second language
acquisition instruction to provide students of limited English
proficiency with the foundations of the English language for
purposes of listening, speaking, reading, and writing in English;
(2) report the progress of students enrolled in the
program in achieving English language proficiency, as required by
the commissioner;
(3) be taught by an educator with an English as a
second language certificate or a bilingual certificate issued under
Subchapter B, Chapter 21; and
(4) have a student-to-teacher ratio that does not
exceed 18 to one.
(h) A district is entitled to additional funding for
attendance by eligible students in a program under this section, as
provided by Section 42.005(h).
(i) A district may not offer a program under this section as
a substitute for any other program required to be provided to
students of limited English proficiency, including a
prekindergarten program required by Section 29.153.
(j) This section does not limit the ability of a district to
provide any additional services to students of limited English
proficiency.
(k) In operating a program under this section, a district
may serve students currently enrolled in a disciplinary alternative
education program under Chapter 37 in the same classroom as other
students.
(l) The commissioner shall adopt rules to implement this
section, including rules relating to instructional requirements.
Notwithstanding any other provision of this section, the
commissioner may by rule modify the grade levels at which a program
is offered or the English language proficiency levels specified for
purposes of student program eligibility as necessary to limit
program costs to the amount of available funding.
(m) The commissioner may establish an application process
for a district seeking to offer a program under this section.
(n) The commissioner may require a district to offer a
program under this section based on an evaluation of the
effectiveness of the district's existing programs for students of
limited English proficiency.
Sec. 29.0681. STUDY. (a) The commissioner shall conduct a
study of:
(1) the effectiveness of optional intensive English
programs under Section 29.068; and
(2) best practices of public schools in assisting
students of limited English proficiency enrolled at or above grade
level six, including recent immigrants.
(b) Not later than December 1, 2010, the commissioner shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over public education a report regarding the
study conducted under this section. The report must include any
recommendations for changes in programs serving students of limited
English proficiency enrolled at or above grade level six.
(c) On the request of the commissioner, an education
research center established under Section 1.005 shall assist the
commissioner in conducting the study.
(d) This section expires September 1, 2011.
SECTION 2. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.101 to read as follows:
Sec. 29.101. DROPOUT INTERVENTION PILOT PROGRAM. (a) The
commissioner by rule shall establish a pilot program under which a
participating school district intervenes with students at risk of
dropping out of school, as described by Section 29.081(d), by using
methods focused on improving education attainment by those
students.
(b) A school district may apply to the commissioner to
participate in the pilot program. Subject to receipt of acceptable
applications, the commissioner shall select school districts for
participation in the pilot program.
(c) The pilot program shall focus on students in primary and
secondary grade levels, with emphasis on:
(1) students entering middle school; and
(2) students entering ninth grade.
(d) A school district participating in the pilot program
shall implement intervention models that include best practices
recommended by the Institute of Education Sciences practice guide,
including models that use dropout monitors and improve academic
outcomes through reading interventions. Programs and models may be
based on successful programs and models implemented in other
states.
(e) Not later than January 1 of each odd-numbered year, the
education research centers established under Section 1.005 shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over public education a report detailing the
success of the pilot program starting January 1, 2013.
SECTION 3. Section 42.005, Education Code, is amended by
adding Subsection (h) to read as follows:
(h) Using funds available for that purpose, the
commissioner shall increase the average daily attendance of a
district providing an optional intensive English program under
Section 29.068. An eligible student may accumulate attendance for
purposes of this section in the same manner as under Section
29.0822(d), but may not be counted as more than one full-day
equivalent student on any calendar day. The commissioner shall by
rule limit additional funding for a student under this subsection
to no more than 20 days of attendance during a school year or the
equivalent.
SECTION 4. This Act applies beginning with the 2009-2010
school year.
SECTION 5. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 6. Except as provided by Section 5 of this Act, 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, except as provided by Section 5 of this Act.