84R13225 KJE-F By: King of Hemphill H.B. No. 2800 A BILL TO BE ENTITLED AN ACT relating to permissible teachers assigned to a bilingual education program and the permissible uses of the bilingual education allotment provided under the foundation school program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.061, Education Code, is amended by amending Subsection (b) and adding Subsection (b-3) to read as follows: (b) Except as provided by Subsection (b-3), a [A] teacher assigned to a bilingual education program must be appropriately certified for bilingual education by the board. (b-3) A school district may assign to a bilingual education program a teacher certified for English as a second language for a school year if: (1) the commissioner has determined that there is a shortage of teachers certified for bilingual education by the board for the school year; and (2) a teacher certified for bilingual education is not reasonably available to the district. SECTION 2. Section 42.153(c), Education Code, is amended to read as follows: (c) A district's bilingual education or special language allocation may be used only for program and student evaluation, instructional materials and equipment, staff development, supplemental staff expenses, salary [supplements] for teachers, and other supplies required for quality instruction and smaller class size. SECTION 3. This Act applies beginning with the 2015-2016 school year. SECTION 4. 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, 2015.