Texas 2017 - 85th Regular

Texas House Bill HB184 Compare Versions

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

Old	New	Differences
1	1	85R3049 GCB-F
2	2	By: Bernal H.B. No. 184
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school accountability for bilingual education
8	8	and English as a second language and other special language
9	9	programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 29.062, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 29.062. COMPLIANCE. (a) The legislature recognizes
14	14	that compliance with this subchapter is an imperative public
15	15	necessity. Therefore, in accordance with the policy of the state,
16	16	the agency shall evaluate the effectiveness of programs under this
17	17	subchapter based on the following data, disaggregated by campus and
18	18	school district or open-enrollment charter school, which each
19	19	district and open-enrollment charter school shall collect and
20	20	provide to the agency:
21	21	(1) the achievement indicators adopted under Sections
22	22	39.053(c)(1)-(4), including the results of assessment instruments;
23	23	(2) the difference in grade-level retention rates
24	24	between students of limited English proficiency and students who
25	25	have not previously been classified as students of limited English
26	26	proficiency;
27	27	(3) any significant difference in performance on
28	28	assessment instruments required under Sections 39.023(a), (c), and
29	29	(l), as applicable, between students of limited English proficiency
30	30	at the campus or in the district or open-enrollment charter school
31	31	being evaluated and the state average performance on those
32	32	assessment instruments of students who have not previously been
33	33	classified as students of limited English proficiency; and
34	34	(4) any significant difference in the dropout rate for
35	35	grade levels 9 through 12 between students of limited English
36	36	proficiency at the campus or in the district or open-enrollment
37	37	charter school being evaluated and the state average dropout rate
38	38	of students who have not previously been classified as students of
39	39	limited English proficiency.
40	40	(b) Notwithstanding Subsection (a), for a school district
41	41	campus with fewer than 30 students enrolled in bilingual education
42	42	or English as a second language or other special language programs,
43	43	the agency shall evaluate information specified under Subsection
44	44	(a) only at the district level.
45	45	(b-1) The agency may combine but may not replace evaluations
46	46	under this section with federal accountability measures concerning
47	47	students of limited English proficiency.
48	48	(b-2) Each lead monitor evaluating the effectiveness of
49	49	programs under this subchapter must be appropriately certified by
50	50	the State Board for Educator Certification as provided for under
51	51	Section 29.061 for teaching English as a second language. An
52	52	emergency endorsement issued under Section 29.061(a) is not
53	53	considered appropriate certification for purposes of this
54	54	subsection.
55	55	[(b) The areas to be monitored shall include:
56	56	[(1) program content and design;
57	57	[(2) program coverage;
58	58	[(3) identification procedures;
59	59	[(4) classification procedures;
60	60	[(5) staffing;
61	61	[(6) learning materials;
62	62	[(7) testing materials;
63	63	[(8) reclassification of students for either entry
64	64	into regular classes conducted exclusively in English or reentry
65	65	into a bilingual education or special education program; and
66	66	[(9) activities of the language proficiency
67	67	assessment committees.]
68	68	(c) To ensure the effectiveness of programs under this
69	69	subchapter, the agency shall intervene in a school district,
70	70	campus, or open-enrollment charter school program if, as a result
71	71	of an evaluation under Subsection (a), the agency determines the
72	72	program is ineffective [Not later than the 30th day after the date
73	73	of an on-site monitoring inspection, the agency shall report its
74	74	findings to the school district or open-enrollment charter school
75	75	and to the division of accreditation].
76	76	(d) The agency shall notify a school district, any
77	77	appropriate campus, or an open-enrollment charter school that is
78	78	found in noncompliance in writing of an intervention under
79	79	Subsection (c)[,] not later than the 30th day after the first day
80	80	[date] of the intervention [on-site monitoring. The district or
81	81	open-enrollment charter school shall take immediate corrective
82	82	action].
83	83	(d-1) To evaluate program effectiveness further, a school
84	84	district, campus, or open-enrollment charter school with a program
85	85	determined under this section to be ineffective shall immediately
86	86	review and provide to the agency a report concerning the following
87	87	factors:
88	88	(1) procedures for identification of students of
89	89	limited English proficiency;
90	90	(2) procedures for placement of students in a program
91	91	under this subchapter;
92	92	(3) student assessment procedures, including
93	93	assessment of:
94	94	(A) English language proficiency; and
95	95	(B) academic achievement in, as defined by
96	96	commissioner rule, core content areas;
97	97	(4) provision of instruction under the program,
98	98	including assessment of the quality of instruction and whether the
99	99	program is being implemented as designed;
100	100	(5) credentials of instructional staff, including:
101	101	(A) appropriate certification of teachers
102	102	providing English language development or content area instruction
103	103	to students of limited English proficiency; and
104	104	(B) the amount of instruction provided by
105	105	teachers who hold emergency endorsements or who are teaching
106	106	outside the teacher's area of specialization;
107	107	(6) professional development provided to content area
108	108	teachers serving students of limited English proficiency;
109	109	(7) curricular materials considered by language,
110	110	school, and grade used in providing instruction to students of
111	111	limited English proficiency;
112	112	(8) if applicable, district-level program evaluation
113	113	procedures, including procedures for:
114	114	(A) ongoing district-level monitoring to
115	115	identify program components needing improvement and implementing
116	116	identified improvements; and
117	117	(B) identifying and closing any academic
118	118	achievement gap between students of limited English proficiency and
119	119	students who have not previously been classified as students of
120	120	limited English proficiency;
121	121	(9) a rate of parental denial of approval of a
122	122	student's entry into or placement in a program under this
123	123	subchapter that is at least 150 percent greater than the state
124	124	average rate of parental denial;
125	125	(10) any variance of greater than 20 percent between
126	126	the percentage of students identified as students of limited
127	127	English proficiency and the percentage of students who speak a
128	128	language other than English at home, as determined by the home
129	129	language survey administered to all students new to a campus,
130	130	district, or open-enrollment charter school as provided by Section
131	131	29.056(a)(1); and
132	132	(11) reclassification of students for either entry
133	133	into regular classes conducted exclusively in English or reentry
134	134	into a bilingual education or special education program.
135	135	(d-2) On completion of the review under Subsection (d-1),
136	136	the campus, district, or open-enrollment charter school shall
137	137	designate annual program improvement goals that:
138	138	(1) are designed to improve academic achievement in
139	139	the core content areas by students of limited English proficiency;
140	140	and
141	141	(2) are based on the extent of any academic
142	142	achievement gap identified under Subsection (d-1)(8)(B), with
143	143	incremental improvement goals established according to the size of
144	144	the achievement gap.
145	145	(d-3) The agency shall review annual improvement in a
146	146	program under this subchapter as measured by the goals designated
147	147	under Subsection (d-2). The agency shall take appropriate
148	148	corrective action for a campus, school district, or open-enrollment
149	149	charter school program that fails to meet one or more annual
150	150	improvement goals for two or more consecutive school years.
151	151	(e) If a campus, school district, or open-enrollment
152	152	charter school program under this subchapter fails to satisfy
153	153	appropriate standards adopted by the commissioner for purposes of
154	154	Subsection (d-3) [(a)], the agency shall apply sanctions, which may
155	155	include the removal of accreditation, loss of foundation school
156	156	funds, or both.
157	157	(f) The commissioner shall adopt rules consistent with this
158	158	section as necessary to administer this section.
159	159	SECTION 2. Section 42.006, Education Code, is amended by
160	160	adding Subsection (e) to read as follows:
161	161	(e) The commissioner shall adopt rules to ensure that,
162	162	through the Public Education Information Management System, the
163	163	agency collects and maintains data regarding:
164	164	(1) whether a student is or while enrolled in a public
165	165	school in this state has ever been classified as a student of
166	166	limited English proficiency;
167	167	(2) the school year in which a student described by
168	168	Subdivision (1) first entered ninth grade;
169	169	(3) the date a student described by Subdivision (1)
170	170	was classified as a student of limited English proficiency;
171	171	(4) if applicable, the date a student classified as a
172	172	student of limited English proficiency exits a program under
173	173	Subchapter B, Chapter 29; and
174	174	(5) the status of a student described by Subdivision
175	175	(1) as:
176	176	(A) a continuing student;
177	177	(B) a high school graduate;
178	178	(C) a recipient of a high school equivalency
179	179	certificate; or
180	180	(D) a dropout.
181	181	SECTION 3. This Act applies beginning with the 2017-2018
182	182	school year.
183	183	SECTION 4. This Act takes effect immediately if it receives
184	184	a vote of two-thirds of all the members elected to each house, as
185	185	provided by Section 39, Article III, Texas Constitution. If this
186	186	Act does not receive the vote necessary for immediate effect, this
187	187	Act takes effect September 1, 2017.