Texas 2013 - 83rd Regular

Texas House Bill HB1328 Compare Versions

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Old	New	Differences
1	1	83R20867 CAS-F
2	2	By: Villarreal H.B. No. 1328
3	3	Substitute the following for H.B. No. 1328:
4	4	By: Allen C.S.H.B. No. 1328
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to data requirements and certain other requirements
10	10	concerning students of limited English proficiency in public
11	11	schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 29.062, Education Code, is amended by
14	14	amending Subsection (a) and adding Subsections (a-1), (a-2), (b-1),
15	15	and (b-2) to read as follows:
16	16	(a) The legislature recognizes that compliance with this
17	17	subchapter is an imperative public necessity. Therefore, in
18	18	accordance with the policy of the state, the agency shall evaluate
19	19	the effectiveness of programs under this subchapter based on the
20	20	following data, disaggregated by campus and school district or
21	21	open-enrollment charter school, which each district and
22	22	open-enrollment charter school shall collect and provide to the
23	23	agency:
24	24	(1) the student achievement indicators adopted under
25	25	Section 39.053, including the results of assessment instruments;
26	26	(2) the difference in grade-level retention rates
27	27	between students of limited English proficiency and students who
28	28	are not students of limited English proficiency;
29	29	(3) any significant difference in performance on
30	30	assessment instruments required under Sections 39.023(a), (c), and
31	31	(l), as applicable, between students of limited English proficiency
32	32	at the campus or in the district or open-enrollment charter school
33	33	being evaluated and the state average performance on those
34	34	assessment instruments of students who are not students of limited
35	35	English proficiency; and
36	36	(4) any significant difference in the dropout rate for
37	37	grade levels 9 through 12 between students of limited English
38	38	proficiency at the campus or in the district or open-enrollment
39	39	charter school being evaluated and the state average dropout rate
40	40	of students who are not students of limited English proficiency.
41	41	(a-1) Notwithstanding Subsection (a), for a school district
42	42	campus with fewer than 30 students enrolled in bilingual education
43	43	or English as a second language or other special language programs,
44	44	the agency shall evaluate information specified under Subsection
45	45	(a) only at the district level.
46	46	(a-2) The agency shall also use the data provided to the
47	47	agency under Subsection (a) to evaluate, in the manner provided by
48	48	Subsection (a), the effectiveness of programs under this subchapter
49	49	based on comparisons between:
50	50	(1) students who, while enrolled in public school in
51	51	this state, have ever been classified as students of limited
52	52	English proficiency; and
53	53	(2) students who have never been classified as
54	54	students of limited English proficiency.
55	55	(b-1) The agency may combine but may not replace evaluations
56	56	under this section with federal accountability measures concerning
57	57	students of limited English proficiency.
58	58	(b-2) Each person considered by the agency to be the lead
59	59	monitor evaluating the effectiveness of programs under this
60	60	subchapter must be appropriately certified by the State Board for
61	61	Educator Certification as provided for under Section 29.061 for
62	62	teaching English as a second language. An emergency endorsement
63	63	issued under Section 29.061(a) is not considered appropriate
64	64	certification for purposes of this subsection.
65	65	SECTION 2. Section 42.006, Education Code, is amended by
66	66	adding Subsection (e) to read as follows:
67	67	(e) The commissioner shall adopt rules to ensure that,
68	68	through the Public Education Information Management System, the
69	69	agency collects and maintains data regarding:
70	70	(1) whether a student is or while enrolled in public
71	71	school in this state has ever been classified as a student of
72	72	limited English proficiency;
73	73	(2) the school year in which a student described by
74	74	Subdivision (1) first entered ninth grade; and
75	75	(3) the status of a student described by Subdivision
76	76	(1) as:
77	77	(A) a continuing student;
78	78	(B) a high school graduate;
79	79	(C) a recipient of a high school equivalency
80	80	certificate; or
81	81	(D) a dropout.
82	82	SECTION 3. Section 29.062(b), Education Code, is repealed.
83	83	SECTION 4. This Act applies beginning with the 2014-2015
84	84	school year.
85	85	SECTION 5. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2013.