| 1 | 1 | | 85R232 SRS-D |
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| 2 | 2 | | By: Lucio III H.B. No. 172 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the consideration of the performance of students of |
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| 8 | 8 | | limited English proficiency on state assessment instruments and |
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| 9 | 9 | | inclusion of related information in campus report cards. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 39.027(a-2), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a-2) Unless a student is enrolled in a school in the United |
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| 14 | 14 | | States for a period of at least 120 [60] consecutive days during a |
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| 15 | 15 | | year, the student may not be considered to be enrolled in a school |
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| 16 | 16 | | in the United States for that year for the purpose of determining a |
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| 17 | 17 | | number of years under Subsection (a)(1), (2), or (3). |
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| 18 | 18 | | SECTION 2. Section 39.054, Education Code, is amended by |
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| 19 | 19 | | adding Subsections (d) and (d-1) to read as follows: |
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| 20 | 20 | | (d) Except as provided by Subsection (d-1), in evaluating |
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| 21 | 21 | | performance under Subsection (c), the commissioner may not lower a |
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| 22 | 22 | | performance rating for purposes of this chapter based on |
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| 23 | 23 | | unsatisfactory performance on an assessment instrument |
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| 24 | 24 | | administered under Section 39.023 to a student for a period of two |
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| 25 | 25 | | years after the student's initial enrollment in a school in the |
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| 26 | 26 | | United States if the student is a student of limited English |
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| 27 | 27 | | proficiency, as defined by Section 29.052. This subsection does |
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| 28 | 28 | | not apply to a performance rating for purposes of: |
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| 29 | 29 | | (1) compliance monitoring under Section 7.028; or |
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| 30 | 30 | | (2) public school accountability under federal law. |
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| 31 | 31 | | (d-1) Subsection (d) does not apply if the assessment |
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| 32 | 32 | | instrument administered to a student of limited English proficiency |
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| 33 | 33 | | is in the student's native language. |
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| 34 | 34 | | SECTION 3. Section 39.305(b), Education Code, is amended to |
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| 35 | 35 | | read as follows: |
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| 36 | 36 | | (b) The report card shall include the following |
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| 37 | 37 | | information: |
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| 38 | 38 | | (1) where applicable, the achievement indicators |
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| 39 | 39 | | described by Section 39.053(c) and the reporting indicators |
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| 40 | 40 | | described by Sections 39.301(c)(1) through (5); |
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| 41 | 41 | | (2) average class size by grade level and subject; |
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| 42 | 42 | | (3) the administrative and instructional costs per |
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| 43 | 43 | | student, computed in a manner consistent with Section 44.0071; |
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| 44 | 44 | | [and] |
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| 45 | 45 | | (4) the district's instructional expenditures ratio |
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| 46 | 46 | | and instructional employees ratio computed under Section 44.0071, |
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| 47 | 47 | | and the statewide average of those ratios, as determined by the |
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| 48 | 48 | | commissioner; and |
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| 49 | 49 | | (5) the performance of students of limited English |
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| 50 | 50 | | proficiency, as defined by Section 29.052, on assessment |
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| 51 | 51 | | instruments administered under Section 39.023. |
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| 52 | 52 | | SECTION 4. Section 39.027(a-2), Education Code, as amended |
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| 53 | 53 | | by this Act, and Section 39.054(d), Education Code, as added by this |
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| 54 | 54 | | Act, apply to a student regardless of the date on which the student |
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| 55 | 55 | | initially enrolled in a school in the United States. |
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| 56 | 56 | | SECTION 5. This Act takes effect September 1, 2017. |
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