83R20867 CAS-F
By: Villarreal H.B. No. 1328
Substitute the following for H.B. No. 1328:
By: Allen C.S.H.B. No. 1328
A BILL TO BE ENTITLED
AN ACT
relating to data requirements and certain other requirements
concerning students of limited English proficiency in public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.062, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (b-1),
and (b-2) to read as follows:
(a) The legislature recognizes that compliance with this
subchapter is an imperative public necessity. Therefore, in
accordance with the policy of the state, the agency shall evaluate
the effectiveness of programs under this subchapter based on the
following data, disaggregated by campus and school district or
open-enrollment charter school, which each district and
open-enrollment charter school shall collect and provide to the
agency:
(1) the student achievement indicators adopted under
Section 39.053, including the results of assessment instruments;
(2) the difference in grade-level retention rates
between students of limited English proficiency and students who
are not students of limited English proficiency;
(3) any significant difference in performance on
assessment instruments required under Sections 39.023(a), (c), and
(l), as applicable, between students of limited English proficiency
at the campus or in the district or open-enrollment charter school
being evaluated and the state average performance on those
assessment instruments of students who are not students of limited
English proficiency; and
(4) any significant difference in the dropout rate for
grade levels 9 through 12 between students of limited English
proficiency at the campus or in the district or open-enrollment
charter school being evaluated and the state average dropout rate
of students who are not students of limited English proficiency.
(a-1) Notwithstanding Subsection (a), for a school district
campus with fewer than 30 students enrolled in bilingual education
or English as a second language or other special language programs,
the agency shall evaluate information specified under Subsection
(a) only at the district level.
(a-2) The agency shall also use the data provided to the
agency under Subsection (a) to evaluate, in the manner provided by
Subsection (a), the effectiveness of programs under this subchapter
based on comparisons between:
(1) students who, while enrolled in public school in
this state, have ever been classified as students of limited
English proficiency; and
(2) students who have never been classified as
students of limited English proficiency.
(b-1) The agency may combine but may not replace evaluations
under this section with federal accountability measures concerning
students of limited English proficiency.
(b-2) Each person considered by the agency to be the lead
monitor evaluating the effectiveness of programs under this
subchapter must be appropriately certified by the State Board for
Educator Certification as provided for under Section 29.061 for
teaching English as a second language. An emergency endorsement
issued under Section 29.061(a) is not considered appropriate
certification for purposes of this subsection.
SECTION 2. Section 42.006, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) The commissioner shall adopt rules to ensure that,
through the Public Education Information Management System, the
agency collects and maintains data regarding:
(1) whether a student is or while enrolled in public
school in this state has ever been classified as a student of
limited English proficiency;
(2) the school year in which a student described by
Subdivision (1) first entered ninth grade; and
(3) the status of a student described by Subdivision
(1) as:
(A) a continuing student;
(B) a high school graduate;
(C) a recipient of a high school equivalency
certificate; or
(D) a dropout.
SECTION 3. Section 29.062(b), Education Code, is repealed.
SECTION 4. This Act applies beginning with the 2014-2015
school year.
SECTION 5. 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, 2013.