By: Rinaldi H.B. No. 3848
A BILL TO BE ENTITLED
AN ACT
relating to removing the requirement for bilingual education and
special language programs for certain students of limited English
proficiency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER B. [BILINGUAL EDUCATION AND] SPECIAL LANGUAGE PROGRAMS
SECTION 2. Section 29.051, Education Code, is amended to
read as follows:
Sec. 29.051. STATE POLICY. English is the basic language of
this state. Public schools are responsible for providing a full
opportunity for all students to become competent in speaking,
reading, writing, and comprehending the English language. [Large
numbers of students in the state come from environments in which the
primary language is other than English. Experience has shown that
public school classes in which instruction is given only in English
are often inadequate for the education of those students.] The
mastery of basic English language skills is a prerequisite for
effective participation in the state's educational program.
[Bilingual education and special language programs can meet the
needs of those students and facilitate their integration into the
regular school curriculum. Therefore, in accordance with the
policy of the state to ensure equal educational opportunity to
every student, and in recognition of the educational needs of
students of limited English proficiency, this subchapter provides
for the establishment of bilingual education and special language
programs in the public schools and provides supplemental financial
assistance to help school districts meet the extra costs of the
programs.]
SECTION 3. Subchapter B, Chapter 29, Education Code, is
amended by adding Section 29.0515 to read as follows:
Sec. 29.0515. SPECIAL LANGUAGE PROGRAMS. A school district
with an enrollment of 20 or more students of limited English
proficiency that speak the same primary language may offer
bilingual education, instruction in English as a second language,
English immersion, or other transitional language instruction.
SECTION 4. Section 29.052, Education Code, is amended to
read as follows:
Sec. 29.052. DEFINITION [DEFINITIONS]. In this subchapter,
"student [:
[(1) "Student] of limited English proficiency" means a
student whose primary language is other than English and whose
English language skills are such that the student has difficulty
performing ordinary classwork in English.
[(2) "Parent" includes a legal guardian of a student.]
SECTION 5. Sections 29.053, 29.054, 29.055, 29.056,
29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063,
29.064, and 29.066, Education Code, are repealed.
SECTION 6. Section 7.056(e), Education Code, is amended to
read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or high school graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29; or
(L) [bilingual education programs under
Subchapter B, Chapter 29; or
[(M)] the requirements for the first day of
instruction under Section 25.0811.
SECTION 7. Section 12.013(b), Education Code, is amended to
read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard under Section 39.054(e);
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) [bilingual education under Subchapter B,
Chapter 29;
[(K)] prekindergarten programs under Subchapter
E, Chapter 29;
(K) [(L)] safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(L) [(M)] computation and distribution of state
aid under Chapters 31, 42, and 43;
(M) [(N)] extracurricular activities under
Section 33.081;
(N) [(O)] health and safety under Chapter 38;
(O) [(P)] public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(P) [(Q)] equalized wealth under Chapter 41;
(Q) [(R)] a bond or other obligation or tax rate
under Chapters 42, 43, and 45; and
(R) [(S)] purchasing under Chapter 44.
SECTION 8. Section 12.056(b), Education Code, is amended to
read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) [bilingual education under Subchapter B,
Chapter 29;
[(F)] prekindergarten programs under Subchapter
E, Chapter 29;
(F) [(G)] extracurricular activities under
Section 33.081;
(G) [(H)] health and safety under Chapter 38; and
(H) [(I)] public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39.
SECTION 9. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) [bilingual education under Subchapter B,
Chapter 29;
[(H)] prekindergarten programs under Subchapter
E, Chapter 29;
(H) [(I)] extracurricular activities under
Section 33.081;
(I) [(J)] discipline management practices or
behavior management techniques under Section 37.0021;
(J) [(K)] health and safety under Chapter 38;
(K) [(L)] public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(L) [(M)] the requirement under Section 21.006
to report an educator's misconduct; and
(M) [(N)] intensive programs of instruction
under Section 28.0213.
SECTION 10. Section 39.023(l), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through five
who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(1) or (2). Each student of
limited English proficiency whose primary language is Spanish,
other than a student to whom Subsection (b) applies, may be assessed
using assessment instruments in Spanish under this subsection for
up to three years or assessment instruments in English under
Subsection (a). [The language proficiency assessment committee
established under Section 29.063 shall determine which students are
administered assessment instruments in Spanish under this
subsection.]
SECTION 11. Section 39.023(l), Education Code, as effective
on or before September 1, 2015, is amended to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) and, to the extent applicable, the assessment
instruments adopted under Subsection (a-4) in Spanish to students
in grades three, four, and five who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section
39.027(a)(1) or (2). Each student of limited English proficiency
whose primary language is Spanish, other than a student to whom
Subsection (b) applies, may be assessed using assessment
instruments in Spanish under this subsection for up to three years
or assessment instruments in English under Subsection (a) and, as
applicable, Subsection (a-4). [The language proficiency
assessment committee established under Section 29.063 shall
determine which students are administered assessment instruments
in Spanish under this subsection.]
SECTION 12. Section 39.023(l), Education Code, as effective
September 1, 2017, is amended to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through five
who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(1) or (2). Each student of
limited English proficiency whose primary language is Spanish,
other than a student to whom Subsection (b) applies, may be assessed
using assessment instruments in Spanish under this subsection for
up to three years or assessment instruments in English under
Subsection (a). [The language proficiency assessment committee
established under Section 29.063 shall determine which students are
administered assessment instruments in Spanish under this
subsection.]
SECTION 13. Section 39.232(b), Education Code, is amended
to read as follows:
(b) A school campus or district is not exempt under this
section from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) requirements imposed by federal law or rule,
including requirements for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) curriculum essential knowledge and skills
under Section 28.002 or high school graduation requirements under
Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, F, G, and J;
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Subsection (d) or Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) rights and benefits of school employees; or
(K) special education programs under Subchapter
A, Chapter 29[; or
[(L) bilingual education programs under
Subchapter B, Chapter 29].
SECTION 14. Section 39.309(c), Education Code, is amended
to read as follows:
(c) The Texas School Accountability Dashboard developed
under Subsection (a) must include:
(1) performance information for each school district
and campus in areas specified by Subsection (b) and must allow for
comparison between districts and campuses in each of the areas;
(2) a comparison of the number of students enrolled in
each school district, including:
(A) the percentage of students of limited English
proficiency, as defined by Section 29.052;
(B) the percentage of students who are unschooled
asylees or refugees, as defined by Section 39.027(a-1);
(C) the percentage of students who are
educationally disadvantaged; and
(D) the percentage of students with
disabilities;
(3) a comparison of performance information for each
district and campus disaggregated by race, ethnicity, and
populations served by special programs, including special
education[, bilingual education, and special language] programs;
and
(4) a comparison of performance information by subject
area.
SECTION 15. Section 382.05199(c), Health and Safety Code,
is amended to read as follows:
(c) The applicant must publish notice at least once in a
newspaper of general circulation in the municipality in which the
plant is proposed to be located or in the municipality nearest to
the proposed location of the plant. If the elementary or middle
school nearest to the proposed plant provides a special language
[bilingual education] program under [as required by] Subchapter B,
Chapter 29, Education Code, the applicant must also publish the
notice at least once in an additional publication of general
circulation in the municipality or county in which the plant is
proposed to be located that is published in the language taught in
the special language [bilingual education] program. This
requirement is waived if such a publication does not exist or if the
publisher refuses to publish the notice.
SECTION 16. Section 382.056(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Section 382.0518(h), an applicant
for a permit or permit amendment under Section 382.0518 or a permit
renewal review under Section 382.055 shall publish notice of intent
to obtain the permit, permit amendment, or permit review not later
than the 30th day after the date the commission determines the
application to be administratively complete. The commission by
rule shall require an applicant for a federal operating permit
under Section 382.054 to publish notice of intent to obtain a
permit, permit amendment, or permit review consistent with federal
requirements and with the requirements of Subsection (b). The
applicant shall publish the notice at least once in a newspaper of
general circulation in the municipality in which the facility or
federal source is located or is proposed to be located or in the
municipality nearest to the location or proposed location of the
facility or federal source. If the elementary or middle school
nearest to the facility or proposed facility provides a special
language [bilingual education] program under [as required by]
Subchapter B, Chapter 29, Education Code, the applicant shall also
publish the notice at least once in an additional publication of
general circulation in the municipality or county in which the
facility is located or proposed to be located that is published in
the language taught in the special language [bilingual education]
program. This requirement is waived if such a publication does not
exist or if the publisher refuses to publish the notice. The
commission by rule shall prescribe the form and content of the
notice and when notice must be published. The commission may
require publication of additional notice. The commission by rule
shall prescribe alternative procedures for publication of the
notice in a newspaper if the applicant is a small business
stationary source as defined by Section 5.135, Water Code, and will
not have a significant effect on air quality. The alternative
procedures must be cost-effective while ensuring adequate
notice. Notice required to be published under this section shall
only be required to be published in the United States.
SECTION 17. This Act applies beginning with the 2015-2016
school year.
SECTION 18. 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.