Texas 2017 - 85th Regular

Texas House Bill HB1367 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R756 GCB-F
2	2	By: Rinaldi H.B. No. 1367
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to removing the requirement for bilingual education and
8	8	special language programs for certain students of limited English
9	9	proficiency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter B, Chapter 29,
12	12	Education Code, is amended to read as follows:
13	13	SUBCHAPTER B. [BILINGUAL EDUCATION AND] SPECIAL LANGUAGE PROGRAMS
14	14	SECTION 2. Section 29.051, Education Code, is amended to
15	15	read as follows:
16	16	Sec. 29.051. STATE POLICY. English is the basic language of
17	17	this state. Public schools are responsible for providing a full
18	18	opportunity for all students to become competent in speaking,
19	19	reading, writing, and comprehending the English language. [Large
20	20	numbers of students in the state come from environments in which the
21	21	primary language is other than English. Experience has shown that
22	22	public school classes in which instruction is given only in English
23	23	are often inadequate for the education of those students.] The
24	24	mastery of basic English language skills is a prerequisite for
25	25	effective participation in the state's educational program.
26	26	[Bilingual education and special language programs can meet the
27	27	needs of those students and facilitate their integration into the
28	28	regular school curriculum. Therefore, in accordance with the
29	29	policy of the state to ensure equal educational opportunity to
30	30	every student, and in recognition of the educational needs of
31	31	students of limited English proficiency, this subchapter provides
32	32	for the establishment of bilingual education and special language
33	33	programs in the public schools and provides supplemental financial
34	34	assistance to help school districts meet the extra costs of the
35	35	programs.]
36	36	SECTION 3. Subchapter B, Chapter 29, Education Code, is
37	37	amended by adding Section 29.0515 to read as follows:
38	38	Sec. 29.0515. SPECIAL LANGUAGE PROGRAMS. A school district
39	39	with an enrollment of 20 or more students of limited English
40	40	proficiency that speak the same primary language may offer
41	41	bilingual education, instruction in English as a second language,
42	42	English immersion, or other transitional language instruction.
43	43	SECTION 4. Section 29.052, Education Code, is amended to
44	44	read as follows:
45	45	Sec. 29.052. DEFINITION [DEFINITIONS]. In this subchapter,
46	46	"student [:
47	47	[(1) "Student] of limited English proficiency" means a
48	48	student whose primary language is other than English and whose
49	49	English language skills are such that the student has difficulty
50	50	performing ordinary classwork in English.
51	51	[(2) "Parent" includes a legal guardian of a student.]
52	52	SECTION 5. Sections 29.053, 29.054, 29.055, 29.056,
53	53	29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063,
54	54	29.064, and 29.066, Education Code, are repealed.
55	55	SECTION 6. Section 7.056(e), Education Code, is amended to
56	56	read as follows:
57	57	(e) Except as provided by Subsection (f), a school campus or
58	58	district may not receive an exemption or waiver under this section
59	59	from:
60	60	(1) a prohibition on conduct that constitutes a
61	61	criminal offense;
62	62	(2) a requirement imposed by federal law or rule,
63	63	including a requirement for special education or bilingual
64	64	education programs; or
65	65	(3) a requirement, restriction, or prohibition
66	66	relating to:
67	67	(A) essential knowledge or skills under Section
68	68	28.002 or high school graduation requirements under Section 28.025;
69	69	(B) public school accountability as provided by
70	70	Subchapters B, C, D, E, F, G, and J, Chapter 39;
71	71	(C) extracurricular activities under Section
72	72	33.081 or participation in a University Interscholastic League
73	73	area, regional, or state competition under Section 33.0812;
74	74	(D) health and safety under Chapter 38;
75	75	(E) purchasing under Subchapter B, Chapter 44;
76	76	(F) elementary school class size limits, except
77	77	as provided by Section 25.112;
78	78	(G) removal of a disruptive student from the
79	79	classroom under Subchapter A, Chapter 37;
80	80	(H) at-risk programs under Subchapter C, Chapter
81	81	29;
82	82	(I) prekindergarten programs under Subchapter E,
83	83	Chapter 29;
84	84	(J) educator rights and benefits under
85	85	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
86	86	A, Chapter 22;
87	87	(K) special education programs under Subchapter
88	88	A, Chapter 29; or
89	89	(L) [bilingual education programs under
90	90	Subchapter B, Chapter 29; or
91	91	[(M)] the requirements for the first day of
92	92	instruction under Section 25.0811.
93	93	SECTION 7. Section 12.013(b), Education Code, is amended to
94	94	read as follows:
95	95	(b) A home-rule school district is subject to:
96	96	(1) a provision of this title establishing a criminal
97	97	offense;
98	98	(2) a provision of this title relating to limitations
99	99	on liability; and
100	100	(3) a prohibition, restriction, or requirement, as
101	101	applicable, imposed by this title or a rule adopted under this
102	102	title, relating to:
103	103	(A) the Public Education Information Management
104	104	System (PEIMS) to the extent necessary to monitor compliance with
105	105	this subchapter as determined by the commissioner;
106	106	(B) educator certification under Chapter 21 and
107	107	educator rights under Sections 21.407, 21.408, and 22.001;
108	108	(C) criminal history records under Subchapter C,
109	109	Chapter 22;
110	110	(D) student admissions under Section 25.001;
111	111	(E) school attendance under Sections 25.085,
112	112	25.086, and 25.087;
113	113	(F) inter-district or inter-county transfers of
114	114	students under Subchapter B, Chapter 25;
115	115	(G) elementary class size limits under Section
116	116	25.112, in the case of any campus in the district that fails to
117	117	satisfy any standard under Section 39.054(e);
118	118	(H) high school graduation under Section 28.025;
119	119	(I) special education programs under Subchapter
120	120	A, Chapter 29;
121	121	(J) [bilingual education under Subchapter B,
122	122	Chapter 29;
123	123	[(K)] prekindergarten programs under Subchapter
124	124	E, Chapter 29;
125	125	(K) [(L)] safety provisions relating to the
126	126	transportation of students under Sections 34.002, 34.003, 34.004,
127	127	and 34.008;
128	128	(L) [(M)] computation and distribution of state
129	129	aid under Chapters 31, 42, and 43;
130	130	(M) [(N)] extracurricular activities under
131	131	Section 33.081;
132	132	(N) [(O)] health and safety under Chapter 38;
133	133	(O) [(P)] public school accountability under
134	134	Subchapters B, C, D, E, F, G, and J, Chapter 39;
135	135	(P) [(Q)] equalized wealth under Chapter 41;
136	136	(Q) [(R)] a bond or other obligation or tax rate
137	137	under Chapters 42, 43, and 45; and
138	138	(R) [(S)] purchasing under Chapter 44.
139	139	SECTION 8. Section 12.056(b), Education Code, is amended to
140	140	read as follows:
141	141	(b) A campus or program for which a charter is granted under
142	142	this subchapter is subject to:
143	143	(1) a provision of this title establishing a criminal
144	144	offense; and
145	145	(2) a prohibition, restriction, or requirement, as
146	146	applicable, imposed by this title or a rule adopted under this
147	147	title, relating to:
148	148	(A) the Public Education Information Management
149	149	System (PEIMS) to the extent necessary to monitor compliance with
150	150	this subchapter as determined by the commissioner;
151	151	(B) criminal history records under Subchapter C,
152	152	Chapter 22;
153	153	(C) high school graduation under Section 28.025;
154	154	(D) special education programs under Subchapter
155	155	A, Chapter 29;
156	156	(E) [bilingual education under Subchapter B,
157	157	Chapter 29;
158	158	[(F)] prekindergarten programs under Subchapter
159	159	E, Chapter 29;
160	160	(F) [(G)] extracurricular activities under
161	161	Section 33.081;
162	162	(G) [(H)] health and safety under Chapter 38; and
163	163	(H) [(I)] public school accountability under
164	164	Subchapters B, C, D, E, F, G, and J, Chapter 39.
165	165	SECTION 9. Section 12.104(b), Education Code, is amended to
166	166	read as follows:
167	167	(b) An open-enrollment charter school is subject to:
168	168	(1) a provision of this title establishing a criminal
169	169	offense; and
170	170	(2) a prohibition, restriction, or requirement, as
171	171	applicable, imposed by this title or a rule adopted under this
172	172	title, relating to:
173	173	(A) the Public Education Information Management
174	174	System (PEIMS) to the extent necessary to monitor compliance with
175	175	this subchapter as determined by the commissioner;
176	176	(B) criminal history records under Subchapter C,
177	177	Chapter 22;
178	178	(C) reading instruments and accelerated reading
179	179	instruction programs under Section 28.006;
180	180	(D) accelerated instruction under Section
181	181	28.0211;
182	182	(E) high school graduation requirements under
183	183	Section 28.025;
184	184	(F) special education programs under Subchapter
185	185	A, Chapter 29;
186	186	(G) [bilingual education under Subchapter B,
187	187	Chapter 29;
188	188	[(H)] prekindergarten programs under Subchapter
189	189	E or E-1, Chapter 29;
190	190	(H) [(I)] extracurricular activities under
191	191	Section 33.081;
192	192	(I) [(J)] discipline management practices or
193	193	behavior management techniques under Section 37.0021;
194	194	(J) [(K)] health and safety under Chapter 38;
195	195	(K) [(L)] public school accountability under
196	196	Subchapters B, C, D, E, F, G, and J, Chapter 39;
197	197	(L) [(M)] the requirement under Section 21.006
198	198	to report an educator's misconduct;
199	199	(M) [(N)] intensive programs of instruction
200	200	under Section 28.0213; and
201	201	(N) [(O)] the right of a school employee to
202	202	report a crime, as provided by Section 37.148.
203	203	SECTION 10. Section 39.023(l), Education Code, as effective
204	204	September 1, 2017, is amended to read as follows:
205	205	(l) The State Board of Education shall adopt rules for the
206	206	administration of the assessment instruments adopted under
207	207	Subsection (a) in Spanish to students in grades three through five
208	208	who are of limited English proficiency, as defined by Section
209	209	29.052, whose primary language is Spanish, and who are not
210	210	otherwise exempt from the administration of an assessment
211	211	instrument under Section 39.027(a)(1) or (2). Each student of
212	212	limited English proficiency whose primary language is Spanish,
213	213	other than a student to whom Subsection (b) applies, may be assessed
214	214	using assessment instruments in Spanish under this subsection for
215	215	up to three years or assessment instruments in English under
216	216	Subsection (a). [The language proficiency assessment committee
217	217	established under Section 29.063 shall determine which students are
218	218	administered assessment instruments in Spanish under this
219	219	subsection.]
220	220	SECTION 11. Section 39.232(b), Education Code, is amended
221	221	to read as follows:
222	222	(b) A school campus or district is not exempt under this
223	223	section from:
224	224	(1) a prohibition on conduct that constitutes a
225	225	criminal offense;
226	226	(2) requirements imposed by federal law or rule,
227	227	including requirements for special education or bilingual
228	228	education programs; or
229	229	(3) a requirement, restriction, or prohibition
230	230	relating to:
231	231	(A) curriculum essential knowledge and skills
232	232	under Section 28.002 or high school graduation requirements under
233	233	Section 28.025;
234	234	(B) public school accountability as provided by
235	235	Subchapters B, C, D, E, F, G, and J;
236	236	(C) extracurricular activities under Section
237	237	33.081;
238	238	(D) health and safety under Chapter 38;
239	239	(E) purchasing under Subchapter B, Chapter 44;
240	240	(F) elementary school class size limits, except
241	241	as provided by Subsection (d) or Section 25.112;
242	242	(G) removal of a disruptive student from the
243	243	classroom under Subchapter A, Chapter 37;
244	244	(H) at risk programs under Subchapter C, Chapter
245	245	29;
246	246	(I) prekindergarten programs under Subchapter E,
247	247	Chapter 29;
248	248	(J) rights and benefits of school employees; or
249	249	(K) special education programs under Subchapter
250	250	A, Chapter 29[; or
251	251	[(L) bilingual education programs under
252	252	Subchapter B, Chapter 29].
253	253	SECTION 12. Section 39.309(c), Education Code, is amended
254	254	to read as follows:
255	255	(c) The Texas School Accountability Dashboard developed
256	256	under Subsection (a) must include:
257	257	(1) performance information for each school district
258	258	and campus in areas specified by Subsection (b) and must allow for
259	259	comparison between districts and campuses in each of the areas;
260	260	(2) a comparison of the number of students enrolled in
261	261	each school district, including:
262	262	(A) the percentage of students of limited English
263	263	proficiency, as defined by Section 29.052;
264	264	(B) the percentage of students who are unschooled
265	265	asylees or refugees, as defined by Section 39.027(a-1);
266	266	(C) the percentage of students who are
267	267	educationally disadvantaged; and
268	268	(D) the percentage of students with
269	269	disabilities;
270	270	(3) a comparison of performance information for each
271	271	district and campus disaggregated by race, ethnicity, and
272	272	populations served by special programs, including special
273	273	education[, bilingual education, and special language] programs;
274	274	and
275	275	(4) a comparison of performance information by subject
276	276	area.
277	277	SECTION 13. Section 382.05199(c), Health and Safety Code,
278	278	is amended to read as follows:
279	279	(c) The applicant must publish notice at least once in a
280	280	newspaper of general circulation in the municipality in which the
281	281	plant is proposed to be located or in the municipality nearest to
282	282	the proposed location of the plant. If the elementary or middle
283	283	school nearest to the proposed plant provides a special language
284	284	[bilingual education] program under [as required by] Subchapter B,
285	285	Chapter 29, Education Code, the applicant must also publish the
286	286	notice at least once in an additional publication of general
287	287	circulation in the municipality or county in which the plant is
288	288	proposed to be located that is published in the language taught in
289	289	the special language [bilingual education] program. This
290	290	requirement is waived if such a publication does not exist or if the
291	291	publisher refuses to publish the notice.
292	292	SECTION 14. Section 382.056(a), Health and Safety Code, is
293	293	amended to read as follows:
294	294	(a) Except as provided by Section 382.0518(h), an applicant
295	295	for a permit or permit amendment under Section 382.0518 or a permit
296	296	renewal review under Section 382.055 shall publish notice of intent
297	297	to obtain the permit, permit amendment, or permit review not later
298	298	than the 30th day after the date the commission determines the
299	299	application to be administratively complete. The commission by
300	300	rule shall require an applicant for a federal operating permit
301	301	under Section 382.054 to publish notice of intent to obtain a
302	302	permit, permit amendment, or permit review consistent with federal
303	303	requirements and with the requirements of Subsection (b). The
304	304	applicant shall publish the notice at least once in a newspaper of
305	305	general circulation in the municipality in which the facility or
306	306	federal source is located or is proposed to be located or in the
307	307	municipality nearest to the location or proposed location of the
308	308	facility or federal source. If the elementary or middle school
309	309	nearest to the facility or proposed facility provides a special
310	310	language [bilingual education] program under [as required by]
311	311	Subchapter B, Chapter 29, Education Code, the applicant shall also
312	312	publish the notice at least once in an additional publication of
313	313	general circulation in the municipality or county in which the
314	314	facility is located or proposed to be located that is published in
315	315	the language taught in the special language [bilingual education]
316	316	program. This requirement is waived if such a publication does not
317	317	exist or if the publisher refuses to publish the notice. The
318	318	commission by rule shall prescribe the form and content of the
319	319	notice and when notice must be published. The commission may
320	320	require publication of additional notice. The commission by rule
321	321	shall prescribe alternative procedures for publication of the
322	322	notice in a newspaper if the applicant is a small business
323	323	stationary source as defined by Section 5.135, Water Code, and will
324	324	not have a significant effect on air quality. The alternative
325	325	procedures must be cost-effective while ensuring adequate
326	326	notice. Notice required to be published under this section shall
327	327	only be required to be published in the United States.
328	328	SECTION 15. This Act applies beginning with the 2017-2018
329	329	school year.
330	330	SECTION 16. This Act takes effect immediately if it
331	331	receives a vote of two-thirds of all the members elected to each
332	332	house, as provided by Section 39, Article III, Texas Constitution.
333	333	If this Act does not receive the vote necessary for immediate
334	334	effect, this Act takes effect September 1, 2017.