TX
Texas Senate Bill SB98

Texas 2017 - 85th Regular

Texas Senate Bill SB98 Compare Versions

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11 85R756 GCB-F
22 By: Hall S.B. No. 98
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to removing the requirement for bilingual education and
88 special language programs for certain students of limited English
99 proficiency.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. The heading to Subchapter B, Chapter 29,
1212 Education Code, is amended to read as follows:
1313 SUBCHAPTER B. [BILINGUAL EDUCATION AND] SPECIAL LANGUAGE PROGRAMS
1414 SECTION 2. Section 29.051, Education Code, is amended to
1515 read as follows:
1616 Sec. 29.051. STATE POLICY. English is the basic language of
1717 this state. Public schools are responsible for providing a full
1818 opportunity for all students to become competent in speaking,
1919 reading, writing, and comprehending the English language. [Large
2020 numbers of students in the state come from environments in which the
2121 primary language is other than English. Experience has shown that
2222 public school classes in which instruction is given only in English
2323 are often inadequate for the education of those students.] The
2424 mastery of basic English language skills is a prerequisite for
2525 effective participation in the state's educational program.
2626 [Bilingual education and special language programs can meet the
2727 needs of those students and facilitate their integration into the
2828 regular school curriculum. Therefore, in accordance with the
2929 policy of the state to ensure equal educational opportunity to
3030 every student, and in recognition of the educational needs of
3131 students of limited English proficiency, this subchapter provides
3232 for the establishment of bilingual education and special language
3333 programs in the public schools and provides supplemental financial
3434 assistance to help school districts meet the extra costs of the
3535 programs.]
3636 SECTION 3. Subchapter B, Chapter 29, Education Code, is
3737 amended by adding Section 29.0515 to read as follows:
3838 Sec. 29.0515. SPECIAL LANGUAGE PROGRAMS. A school district
3939 with an enrollment of 20 or more students of limited English
4040 proficiency that speak the same primary language may offer
4141 bilingual education, instruction in English as a second language,
4242 English immersion, or other transitional language instruction.
4343 SECTION 4. Section 29.052, Education Code, is amended to
4444 read as follows:
4545 Sec. 29.052. DEFINITION [DEFINITIONS]. In this subchapter,
4646 "student [:
4747 [(1) "Student] of limited English proficiency" means a
4848 student whose primary language is other than English and whose
4949 English language skills are such that the student has difficulty
5050 performing ordinary classwork in English.
5151 [(2) "Parent" includes a legal guardian of a student.]
5252 SECTION 5. Sections 29.053, 29.054, 29.055, 29.056,
5353 29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063,
5454 29.064, and 29.066, Education Code, are repealed.
5555 SECTION 6. Section 7.056(e), Education Code, is amended to
5656 read as follows:
5757 (e) Except as provided by Subsection (f), a school campus or
5858 district may not receive an exemption or waiver under this section
5959 from:
6060 (1) a prohibition on conduct that constitutes a
6161 criminal offense;
6262 (2) a requirement imposed by federal law or rule,
6363 including a requirement for special education or bilingual
6464 education programs; or
6565 (3) a requirement, restriction, or prohibition
6666 relating to:
6767 (A) essential knowledge or skills under Section
6868 28.002 or high school graduation requirements under Section 28.025;
6969 (B) public school accountability as provided by
7070 Subchapters B, C, D, E, F, G, and J, Chapter 39;
7171 (C) extracurricular activities under Section
7272 33.081 or participation in a University Interscholastic League
7373 area, regional, or state competition under Section 33.0812;
7474 (D) health and safety under Chapter 38;
7575 (E) purchasing under Subchapter B, Chapter 44;
7676 (F) elementary school class size limits, except
7777 as provided by Section 25.112;
7878 (G) removal of a disruptive student from the
7979 classroom under Subchapter A, Chapter 37;
8080 (H) at-risk programs under Subchapter C, Chapter
8181 29;
8282 (I) prekindergarten programs under Subchapter E,
8383 Chapter 29;
8484 (J) educator rights and benefits under
8585 Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
8686 A, Chapter 22;
8787 (K) special education programs under Subchapter
8888 A, Chapter 29; or
8989 (L) [bilingual education programs under
9090 Subchapter B, Chapter 29; or
9191 [(M)] the requirements for the first day of
9292 instruction under Section 25.0811.
9393 SECTION 7. Section 12.013(b), Education Code, is amended to
9494 read as follows:
9595 (b) A home-rule school district is subject to:
9696 (1) a provision of this title establishing a criminal
9797 offense;
9898 (2) a provision of this title relating to limitations
9999 on liability; and
100100 (3) a prohibition, restriction, or requirement, as
101101 applicable, imposed by this title or a rule adopted under this
102102 title, relating to:
103103 (A) the Public Education Information Management
104104 System (PEIMS) to the extent necessary to monitor compliance with
105105 this subchapter as determined by the commissioner;
106106 (B) educator certification under Chapter 21 and
107107 educator rights under Sections 21.407, 21.408, and 22.001;
108108 (C) criminal history records under Subchapter C,
109109 Chapter 22;
110110 (D) student admissions under Section 25.001;
111111 (E) school attendance under Sections 25.085,
112112 25.086, and 25.087;
113113 (F) inter-district or inter-county transfers of
114114 students under Subchapter B, Chapter 25;
115115 (G) elementary class size limits under Section
116116 25.112, in the case of any campus in the district that fails to
117117 satisfy any standard under Section 39.054(e);
118118 (H) high school graduation under Section 28.025;
119119 (I) special education programs under Subchapter
120120 A, Chapter 29;
121121 (J) [bilingual education under Subchapter B,
122122 Chapter 29;
123123 [(K)] prekindergarten programs under Subchapter
124124 E, Chapter 29;
125125 (K) [(L)] safety provisions relating to the
126126 transportation of students under Sections 34.002, 34.003, 34.004,
127127 and 34.008;
128128 (L) [(M)] computation and distribution of state
129129 aid under Chapters 31, 42, and 43;
130130 (M) [(N)] extracurricular activities under
131131 Section 33.081;
132132 (N) [(O)] health and safety under Chapter 38;
133133 (O) [(P)] public school accountability under
134134 Subchapters B, C, D, E, F, G, and J, Chapter 39;
135135 (P) [(Q)] equalized wealth under Chapter 41;
136136 (Q) [(R)] a bond or other obligation or tax rate
137137 under Chapters 42, 43, and 45; and
138138 (R) [(S)] purchasing under Chapter 44.
139139 SECTION 8. Section 12.056(b), Education Code, is amended to
140140 read as follows:
141141 (b) A campus or program for which a charter is granted under
142142 this subchapter is subject to:
143143 (1) a provision of this title establishing a criminal
144144 offense; and
145145 (2) a prohibition, restriction, or requirement, as
146146 applicable, imposed by this title or a rule adopted under this
147147 title, relating to:
148148 (A) the Public Education Information Management
149149 System (PEIMS) to the extent necessary to monitor compliance with
150150 this subchapter as determined by the commissioner;
151151 (B) criminal history records under Subchapter C,
152152 Chapter 22;
153153 (C) high school graduation under Section 28.025;
154154 (D) special education programs under Subchapter
155155 A, Chapter 29;
156156 (E) [bilingual education under Subchapter B,
157157 Chapter 29;
158158 [(F)] prekindergarten programs under Subchapter
159159 E, Chapter 29;
160160 (F) [(G)] extracurricular activities under
161161 Section 33.081;
162162 (G) [(H)] health and safety under Chapter 38; and
163163 (H) [(I)] public school accountability under
164164 Subchapters B, C, D, E, F, G, and J, Chapter 39.
165165 SECTION 9. Section 12.104(b), Education Code, is amended to
166166 read as follows:
167167 (b) An open-enrollment charter school is subject to:
168168 (1) a provision of this title establishing a criminal
169169 offense; and
170170 (2) a prohibition, restriction, or requirement, as
171171 applicable, imposed by this title or a rule adopted under this
172172 title, relating to:
173173 (A) the Public Education Information Management
174174 System (PEIMS) to the extent necessary to monitor compliance with
175175 this subchapter as determined by the commissioner;
176176 (B) criminal history records under Subchapter C,
177177 Chapter 22;
178178 (C) reading instruments and accelerated reading
179179 instruction programs under Section 28.006;
180180 (D) accelerated instruction under Section
181181 28.0211;
182182 (E) high school graduation requirements under
183183 Section 28.025;
184184 (F) special education programs under Subchapter
185185 A, Chapter 29;
186186 (G) [bilingual education under Subchapter B,
187187 Chapter 29;
188188 [(H)] prekindergarten programs under Subchapter
189189 E or E-1, Chapter 29;
190190 (H) [(I)] extracurricular activities under
191191 Section 33.081;
192192 (I) [(J)] discipline management practices or
193193 behavior management techniques under Section 37.0021;
194194 (J) [(K)] health and safety under Chapter 38;
195195 (K) [(L)] public school accountability under
196196 Subchapters B, C, D, E, F, G, and J, Chapter 39;
197197 (L) [(M)] the requirement under Section 21.006
198198 to report an educator's misconduct;
199199 (M) [(N)] intensive programs of instruction
200200 under Section 28.0213; and
201201 (N) [(O)] the right of a school employee to
202202 report a crime, as provided by Section 37.148.
203203 SECTION 10. Section 39.023(l), Education Code, as effective
204204 September 1, 2017, is amended to read as follows:
205205 (l) The State Board of Education shall adopt rules for the
206206 administration of the assessment instruments adopted under
207207 Subsection (a) in Spanish to students in grades three through five
208208 who are of limited English proficiency, as defined by Section
209209 29.052, whose primary language is Spanish, and who are not
210210 otherwise exempt from the administration of an assessment
211211 instrument under Section 39.027(a)(1) or (2). Each student of
212212 limited English proficiency whose primary language is Spanish,
213213 other than a student to whom Subsection (b) applies, may be assessed
214214 using assessment instruments in Spanish under this subsection for
215215 up to three years or assessment instruments in English under
216216 Subsection (a). [The language proficiency assessment committee
217217 established under Section 29.063 shall determine which students are
218218 administered assessment instruments in Spanish under this
219219 subsection.]
220220 SECTION 11. Section 39.232(b), Education Code, is amended
221221 to read as follows:
222222 (b) A school campus or district is not exempt under this
223223 section from:
224224 (1) a prohibition on conduct that constitutes a
225225 criminal offense;
226226 (2) requirements imposed by federal law or rule,
227227 including requirements for special education or bilingual
228228 education programs; or
229229 (3) a requirement, restriction, or prohibition
230230 relating to:
231231 (A) curriculum essential knowledge and skills
232232 under Section 28.002 or high school graduation requirements under
233233 Section 28.025;
234234 (B) public school accountability as provided by
235235 Subchapters B, C, D, E, F, G, and J;
236236 (C) extracurricular activities under Section
237237 33.081;
238238 (D) health and safety under Chapter 38;
239239 (E) purchasing under Subchapter B, Chapter 44;
240240 (F) elementary school class size limits, except
241241 as provided by Subsection (d) or Section 25.112;
242242 (G) removal of a disruptive student from the
243243 classroom under Subchapter A, Chapter 37;
244244 (H) at risk programs under Subchapter C, Chapter
245245 29;
246246 (I) prekindergarten programs under Subchapter E,
247247 Chapter 29;
248248 (J) rights and benefits of school employees; or
249249 (K) special education programs under Subchapter
250250 A, Chapter 29[; or
251251 [(L) bilingual education programs under
252252 Subchapter B, Chapter 29].
253253 SECTION 12. Section 39.309(c), Education Code, is amended
254254 to read as follows:
255255 (c) The Texas School Accountability Dashboard developed
256256 under Subsection (a) must include:
257257 (1) performance information for each school district
258258 and campus in areas specified by Subsection (b) and must allow for
259259 comparison between districts and campuses in each of the areas;
260260 (2) a comparison of the number of students enrolled in
261261 each school district, including:
262262 (A) the percentage of students of limited English
263263 proficiency, as defined by Section 29.052;
264264 (B) the percentage of students who are unschooled
265265 asylees or refugees, as defined by Section 39.027(a-1);
266266 (C) the percentage of students who are
267267 educationally disadvantaged; and
268268 (D) the percentage of students with
269269 disabilities;
270270 (3) a comparison of performance information for each
271271 district and campus disaggregated by race, ethnicity, and
272272 populations served by special programs, including special
273273 education[, bilingual education, and special language] programs;
274274 and
275275 (4) a comparison of performance information by subject
276276 area.
277277 SECTION 13. Section 382.05199(c), Health and Safety Code,
278278 is amended to read as follows:
279279 (c) The applicant must publish notice at least once in a
280280 newspaper of general circulation in the municipality in which the
281281 plant is proposed to be located or in the municipality nearest to
282282 the proposed location of the plant. If the elementary or middle
283283 school nearest to the proposed plant provides a special language
284284 [bilingual education] program under [as required by] Subchapter B,
285285 Chapter 29, Education Code, the applicant must also publish the
286286 notice at least once in an additional publication of general
287287 circulation in the municipality or county in which the plant is
288288 proposed to be located that is published in the language taught in
289289 the special language [bilingual education] program. This
290290 requirement is waived if such a publication does not exist or if the
291291 publisher refuses to publish the notice.
292292 SECTION 14. Section 382.056(a), Health and Safety Code, is
293293 amended to read as follows:
294294 (a) Except as provided by Section 382.0518(h), an applicant
295295 for a permit or permit amendment under Section 382.0518 or a permit
296296 renewal review under Section 382.055 shall publish notice of intent
297297 to obtain the permit, permit amendment, or permit review not later
298298 than the 30th day after the date the commission determines the
299299 application to be administratively complete. The commission by
300300 rule shall require an applicant for a federal operating permit
301301 under Section 382.054 to publish notice of intent to obtain a
302302 permit, permit amendment, or permit review consistent with federal
303303 requirements and with the requirements of Subsection (b). The
304304 applicant shall publish the notice at least once in a newspaper of
305305 general circulation in the municipality in which the facility or
306306 federal source is located or is proposed to be located or in the
307307 municipality nearest to the location or proposed location of the
308308 facility or federal source. If the elementary or middle school
309309 nearest to the facility or proposed facility provides a special
310310 language [bilingual education] program under [as required by]
311311 Subchapter B, Chapter 29, Education Code, the applicant shall also
312312 publish the notice at least once in an additional publication of
313313 general circulation in the municipality or county in which the
314314 facility is located or proposed to be located that is published in
315315 the language taught in the special language [bilingual education]
316316 program. This requirement is waived if such a publication does not
317317 exist or if the publisher refuses to publish the notice. The
318318 commission by rule shall prescribe the form and content of the
319319 notice and when notice must be published. The commission may
320320 require publication of additional notice. The commission by rule
321321 shall prescribe alternative procedures for publication of the
322322 notice in a newspaper if the applicant is a small business
323323 stationary source as defined by Section 5.135, Water Code, and will
324324 not have a significant effect on air quality. The alternative
325325 procedures must be cost-effective while ensuring adequate
326326 notice. Notice required to be published under this section shall
327327 only be required to be published in the United States.
328328 SECTION 15. This Act applies beginning with the 2017-2018
329329 school year.
330330 SECTION 16. This Act takes effect immediately if it
331331 receives a vote of two-thirds of all the members elected to each
332332 house, as provided by Section 39, Article III, Texas Constitution.
333333 If this Act does not receive the vote necessary for immediate
334334 effect, this Act takes effect September 1, 2017.