83R6518 PAM-D
By: Lucio S.B. No. 711
A BILL TO BE ENTITLED
AN ACT
relating to a postponement for certain recent immigrants of
requirements for enrolling in public school courses for which
end-of-course assessment instruments are administered.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.028 to read as follows:
Sec. 28.028. POSTPONEMENT OF SECONDARY-LEVEL COURSES FOR
RECENT IMMIGRANT STUDENTS OF LIMITED ENGLISH PROFICIENCY. (a) In
this section, "recent immigrant" means a student who:
(1) has resided in the United States less than two
years; and
(2) has been enrolled in a school in the United States
less than two school years.
(b) This section applies only to a recent immigrant who is a
student of limited English proficiency, as defined by Section
29.052, and has not demonstrated proficiency in English as
determined under the assessment system under Section 39.027(e).
(c) For purposes of Subsection (a)(2) and to the extent
authorized by federal law, a student's previous enrollment in a
school in the United States shall be determined on the basis of
documents and records required under Section 25.002(a).
(d) Notwithstanding the accommodated or alternative
assessment instrument administration or the exemption from or
postponement of assessment instrument administration authorized by
Section 39.027, a recent immigrant shall be granted a postponement
of enrollment in a course for which an end-of-course assessment
instrument is required under Section 39.023(c) for a period of up to
two school years if the language proficiency assessment committee
under Section 29.063 determines postponement best serves the needs
of the student.
(e) For purposes of Subsection (d), a student who enrolls in
a school after the first day of a school year must be enrolled in
the school for at least 90 instructional days before the period is
considered one school year.
SECTION 2. Section 29.063(c), Education Code, is amended to
read as follows:
(c) The language proficiency assessment committee shall:
(1) review all pertinent information on limited
English proficiency students, including the home language survey,
the language proficiency tests in English and the primary language,
each student's achievement in content areas, and each student's
emotional and social attainment;
(2) make recommendations concerning the most
appropriate placement for the educational advancement of the
limited English proficiency student after the elementary grades;
(3) make recommendations for limited English
proficiency students as provided by Section 28.028 concerning the
postponement of enrollment in a course for which an end-of-course
assessment instrument is required under Section 39.023(c);
(4) review each limited English proficiency student's
progress at the end of the school year in order to determine future
appropriate placement;
(5) [(4)] monitor the progress of students formerly
classified as limited English proficiency who have transferred out
of the bilingual education or special language program and, based
on the information, designate the most appropriate placement for
such students; and
(6) [(5)] determine the appropriateness of a program
that extends beyond the regular school year based on the needs of
each limited English proficiency student.
SECTION 3. 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.