Texas 2021 - 87th Regular

Texas Senate Bill SB2066 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2066
	1	+	By: Menéndez, et al. S.B. No. 2066
	2	+	(Dutton)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to emergent bilingual students in public schools.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 21.0452(b), Education Code, is amended
8	10		to read as follows:
9	11		(b) The board shall make available at least the following
10	12		information regarding each educator preparation program:
11	13		(1) the information specified in Sections 21.045(a)
12	14		and (b);
13	15		(2) in addition to any other appropriate information
14	16		indicating the quality of persons admitted to the program, the
15	17		average academic qualifications possessed by persons admitted to
16	18		the program, including:
17	19		(A) average overall grade point average and
18	20		average grade point average in specific subject areas; and
19	21		(B) average scores on the Scholastic Assessment
20	22		Test (SAT), the American College Test (ACT), or the Graduate Record
21	23		Examination (GRE), as applicable;
22	24		(3) the degree to which persons who complete the
23	25		program are successful in obtaining teaching positions;
24	26		(4) the extent to which the program prepares teachers,
25	27		including general education teachers and special education
26	28		teachers, to effectively teach:
27	29		(A) students with disabilities; and
28	30		(B) emergent bilingual students [of limited
29	31		English proficiency], as defined by Section 29.052;
30	32		(5) the activities offered by the program that are
31	33		designed to prepare teachers to:
32	34		(A) integrate technology effectively into
33	35		curricula and instruction, including activities consistent with
34	36		the principles of universal design for learning; and
35	37		(B) use technology effectively to collect,
36	38		manage, and analyze data to improve teaching and learning for the
37	39		purpose of increasing student academic achievement;
38	40		(6) for each semester, the average ratio of field
39	41		supervisors to candidates completing student teaching, clinical
40	42		teaching, or an internship in an educator preparation program;
41	43		(7) the perseverance of beginning teachers in the
42	44		profession, based on information reported through the Public
43	45		Education Information Management System (PEIMS) providing the
44	46		number of beginning teachers employed as classroom teachers for at
45	47		least three years after certification in comparison to similar
46	48		programs;
47	49		(8) the results of exit surveys given to program
48	50		participants on completion of the program that involve evaluation
49	51		of the program's effectiveness in preparing participants to succeed
50	52		in the classroom;
51	53		(9) the results of surveys given to school principals
52	54		that involve evaluation of the program's effectiveness in preparing
53	55		participants to succeed in the classroom, based on experience with
54	56		employed program participants; and
55	57		(10) the results of teacher satisfaction surveys
56	58		developed under Section 21.045 and given to program participants at
57	59		the end of the first year of teaching.
58	60		SECTION 2. Sections 21.054(d) and (e), Education Code, are
59	61		amended to read as follows:
60	62		(d) Continuing education requirements for a classroom
61	63		teacher must provide that at least 25 percent of the training
62	64		required every five years include instruction regarding:
63	65		(1) collecting and analyzing information that will
64	66		improve effectiveness in the classroom;
65	67		(2) recognizing early warning indicators that a
66	68		student may be at risk of dropping out of school;
67	69		(3) digital learning, digital teaching, and
68	70		integrating technology into classroom instruction;
69	71		(4) educating diverse student populations, including:
70	72		(A) students who are eligible to participate in
71	73		special education programs under Subchapter A, Chapter 29;
72	74		(B) students who are eligible to receive
73	75		educational services required under Section 504, Rehabilitation
74	76		Act of 1973 (29 U.S.C. Section 794);
75	77		(C) students with mental health conditions or who
76	78		engage in substance abuse;
77	79		(D) students with intellectual or developmental
78	80		disabilities;
79	81		(E) students who are educationally
80	82		disadvantaged;
81	83		(F) emergent bilingual students [of limited
82	84		English proficiency]; and
83	85		(G) students at risk of dropping out of school;
84	86		(5) understanding appropriate relationships,
85	87		boundaries, and communications between educators and students; and
86	88		(6) how mental health conditions, including grief and
87	89		trauma, affect student learning and behavior and how
88	90		evidence-based, grief-informed, and trauma-informed strategies
89	91		support the academic success of students affected by grief and
90	92		trauma.
91	93		(e) Continuing education requirements for a principal must
92	94		provide that at least 25 percent of the training required every five
93	95		years include instruction regarding:
94	96		(1) effective and efficient management, including:
95	97		(A) collecting and analyzing information;
96	98		(B) making decisions and managing time; and
97	99		(C) supervising student discipline and managing
98	100		behavior;
99	101		(2) recognizing early warning indicators that a
100	102		student may be at risk of dropping out of school;
101	103		(3) digital learning, digital teaching, and
102	104		integrating technology into campus curriculum and instruction;
103	105		(4) effective implementation of a comprehensive
104	106		school counseling program under Section 33.005;
105	107		(5) mental health programs addressing a mental health
106	108		condition;
107	109		(6) educating diverse student populations, including:
108	110		(A) students who are eligible to participate in
109	111		special education programs under Subchapter A, Chapter 29;
110	112		(B) students with intellectual or developmental
111	113		disabilities;
112	114		(C) students who are eligible to receive
113	115		educational services required under Section 504, Rehabilitation
114	116		Act of 1973 (29 U.S.C. Section 794);
115	117		(D) students with mental health conditions or who
116	118		engage in substance abuse;
117	119		(E) students who are educationally
118	120		disadvantaged;
119	121		(F) emergent bilingual students [of limited
120	122		English proficiency]; and
121	123		(G) students at risk of dropping out of school;
122	124		(7) preventing, recognizing, and reporting any sexual
123	125		conduct between an educator and student that is prohibited under
124	126		Section 21.12, Penal Code, or for which reporting is required under
125	127		Section 21.006 of this code; and
126	128		(8) how mental health conditions, including grief and
127	129		trauma, affect student learning and behavior and how
128	130		evidence-based, grief-informed, and trauma-informed strategies
129	131		support the academic success of students affected by grief and
130	132		trauma.
131	133		SECTION 3. Section 21.4551(b), Education Code, is amended
132	134		to read as follows:
133	135		(b) A reading academy developed under this section must
134	136		include training in:
135	137		(1) for a teacher providing instruction in reading to
136	138		students at the seventh or eighth grade level:
137	139		(A) administration of the reading instrument
138	140		required by Section 28.006(c-1); and
139	141		(B) interpretation of the results of the reading
140	142		instrument required by Section 28.006(c-1) and strategies, based on
141	143		scientific research regarding effective reading instruction, for
142	144		long-term intensive intervention to target identified student
143	145		needs in word recognition, vocabulary, fluency, and comprehension;
144	146		(2) for a teacher providing instruction in reading to
145	147		students at the sixth, seventh, or eighth grade level:
146	148		(A) strategies to be implemented in English
147	149		language arts and other subject areas for multisyllable word
148	150		reading, vocabulary development, and comprehension of expository
149	151		and narrative text;
150	152		(B) an adaptation framework that enables
151	153		teachers to respond to differing student strengths and needs,
152	154		including adaptations for emergent bilingual students [of limited
153	155		English proficiency] or students receiving special education
154	156		services under Subchapter A, Chapter 29;
155	157		(C) collaborative strategies to increase active
156	158		student involvement and motivation to read; and
157	159		(D) other areas identified by the commissioner as
158	160		essential components of reading instruction; and
159	161		(3) for a teacher providing instruction in
160	162		mathematics, science, or social studies to students at the sixth,
161	163		seventh, or eighth grade level:
162	164		(A) strategies for incorporating reading
163	165		instruction into the curriculum for the subject area taught by the
164	166		teacher; and
165	167		(B) other areas identified by the commissioner.
166	168		SECTION 4. Section 21.457, Education Code, is amended to
167	169		read as follows:
168	170		Sec. 21.457. TRAINING FOR TEACHERS OF EMERGENT BILINGUAL
169	171		STUDENTS [OF LIMITED ENGLISH PROFICIENCY]. The commissioner shall
170	172		develop and make available training materials and other teacher
171	173		training resources to assist teachers in developing the expertise
172	174		required to enable emergent bilingual students [of limited English
173	175		proficiency] to meet state performance expectations.
174	176		SECTION 5. Section 29.051, Education Code, is amended to
175	177		read as follows:
176	178		Sec. 29.051. STATE POLICY. English is the basic language of
177	179		this state. Public schools are responsible for providing a full
178	180		opportunity for all students to become competent in speaking,
179	181		reading, writing, and comprehending the English language. Large
180	182		numbers of students in the state come from environments in which the
181	183		primary language is other than English. Experience has shown that
182	184		public school classes in which instruction is given only in English
183	185		are often inadequate for the education of those students. The
184	186		mastery of basic English language skills is a prerequisite for
185	187		effective participation in the state's educational program.
186	188		Bilingual education and special language programs can meet the
187	189		needs of those students and facilitate their integration into the
188	190		regular school curriculum. Therefore, in accordance with the
189	191		policy of the state to ensure equal educational opportunity to
190	192		every student, and in recognition of the educational needs of
191	193		emergent bilingual students [of limited English proficiency], this
192	194		subchapter provides for the establishment of bilingual education
193	195		and special language programs in the public schools and provides
194	196		supplemental financial assistance to help school districts meet the
195	197		extra costs of the programs.
196	198		SECTION 6. Section 29.052(1), Education Code, is amended to
197	199		read as follows:
198	200		(1) "Emergent bilingual student [Student of limited
199	201		English proficiency]" means a student whose primary language is
200	202		other than English and whose English language skills are such that
201	203		the student has difficulty performing ordinary classwork in
202	204		English.
203	205		SECTION 7. Sections 29.053(b), (c), and (d), Education
204	206		Code, are amended to read as follows:
205	207		(b) Within the first four weeks following the first day of
206	208		school, the language proficiency assessment committee established
207	209		under Section 29.063 shall determine and report to the board of
208	210		trustees of the district the number of emergent bilingual students
209	211		[of limited English proficiency] on each campus and shall classify
210	212		each student according to the language in which the student
211	213		possesses primary proficiency. The board shall report that
212	214		information to the agency before November 1 each year.
213	215		(c) Each district with an enrollment of 20 or more emergent
214	216		bilingual students [of limited English proficiency] in any language
215	217		classification in the same grade level shall offer a bilingual
216	218		education or special language program.
217	219		(d) Each district that is required to offer bilingual
218	220		education and special language programs under this section shall
219	221		offer the following for emergent bilingual students [of limited
220	222		English proficiency]:
221	223		(1) bilingual education in kindergarten through the
222	224		elementary grades;
223	225		(2) bilingual education, instruction in English as a
224	226		second language, or other transitional language instruction
225	227		approved by the agency in post-elementary grades through grade 8;
226	228		and
227	229		(3) instruction in English as a second language in
228	230		grades 9 through 12.
229	231		SECTION 8. Sections 29.054(b) and (d), Education Code, are
230	232		amended to read as follows:
231	233		(b) An application for an exception may be filed with the
232	234		agency when a district is unable to hire a sufficient number of
233	235		teachers with teaching certificates appropriate for bilingual
234	236		education instruction to staff the required program. The
235	237		application must be accompanied by:
236	238		(1) documentation showing that the district has taken
237	239		all reasonable affirmative steps to secure teachers with teaching
238	240		certificates appropriate for bilingual education instruction and
239	241		has failed;
240	242		(2) documentation showing that the district has
241	243		affirmative hiring policies and procedures consistent with the need
242	244		to serve emergent bilingual [limited English proficiency]
243	245		students;
244	246		(3) documentation showing that, on the basis of
245	247		district records, no teacher having a teaching certificate
246	248		appropriate for bilingual instruction or emergency credentials has
247	249		been unjustifiably denied employment by the district within the
248	250		past 12 months; and
249	251		(4) a plan detailing specific measures to be used by
250	252		the district to eliminate the conditions that created the need for
251	253		an exception.
252	254		(d) During the period for which a district is granted an
253	255		exception under this section, the district must use alternative
254	256		methods approved by the agency to meet the needs of its emergent
255	257		bilingual students [of limited English proficiency], including
256	258		hiring teaching personnel under a bilingual emergency permit.
257	259		SECTION 9. Section 29.055(c), Education Code, is amended to
258	260		read as follows:
259	261		(c) In subjects such as art, music, and physical education,
260	262		emergent bilingual students [of limited English proficiency] shall
261	263		participate fully with English-speaking students in regular
262	264		classes provided in the subjects.
263	265		SECTION 10. Sections 29.056(a), (c), (d), and (g),
264	266		Education Code, are amended to read as follows:
265	267		(a) The agency shall establish standardized criteria for
266	268		the identification, assessment, and classification of emergent
267	269		bilingual students [of limited English proficiency] eligible for
268	270		entry into the program or exit from the program. The student's
269	271		parent must approve a student's entry into the program, exit from
270	272		the program, or placement in the program. The school district or
271	273		parent may appeal the decision under Section 29.064. The criteria
272	274		for identification, assessment, and classification may include:
273	275		(1) results of a home language survey conducted within
274	276		four weeks of each student's enrollment to determine the language
275	277		normally used in the home and the language normally used by the
276	278		student, conducted in English and the home language, signed by the
277	279		student's parents if the student is in kindergarten through grade 8
278	280		or by the student if the student is in grades 9 through 12, and kept
279	281		in the student's permanent folder by the language proficiency
280	282		assessment committee;
281	283		(2) the results of an agency-approved English language
282	284		proficiency test administered to all students identified through
283	285		the home survey as normally speaking a language other than English
284	286		to determine the level of English language proficiency, with
285	287		students in kindergarten or grade 1 being administered an oral
286	288		English proficiency test and students in grades 2 through 12 being
287	289		administered an oral and written English proficiency test; and
288	290		(3) the results of an agency-approved proficiency test
289	291		in the primary language administered to all students identified
290	292		under Subdivision (2) as being of limited English proficiency to
291	293		determine the level of primary language proficiency, with students
292	294		in kindergarten or grade 1 being administered an oral primary
293	295		language proficiency test and students in grades 2 through 12 being
294	296		administered an oral and written primary language proficiency test.
295	297		(c) The language proficiency assessment committee may
296	298		classify a student as emergent bilingual [limited English
297	299		proficiency] if:
298	300		(1) the student's ability in English is so limited or
299	301		the student's disabilities are so severe that assessment procedures
300	302		cannot be administered;
301	303		(2) the student's score or relative degree of
302	304		achievement on the agency-approved English proficiency test is
303	305		below the levels established by the agency as indicative of
304	306		reasonable proficiency;
305	307		(3) the student's primary language proficiency score
306	308		as measured by an agency-approved test is greater than the
307	309		student's proficiency in English; or
308	310		(4) the language proficiency assessment committee
309	311		determines, based on other information, including a teacher
310	312		evaluation, parental viewpoint, or student interview, that the
311	313		student's primary language proficiency is greater than the
312	314		student's proficiency in English or that the student is not
313	315		reasonably proficient in English.
314	316		(d) Not later than the 10th day after the date of the
315	317		student's classification as an emergent bilingual [a] student [of
316	318		limited English proficiency], the language proficiency assessment
317	319		committee shall give written notice of the classification to the
318	320		student's parent. The notice must be in English and the parent's
319	321		primary language. The parents of students eligible to participate
320	322		in the required bilingual education program shall be informed of
321	323		the benefits of the bilingual education or special language program
322	324		and that it is an integral part of the school program.
323	325		(g) A district may transfer an emergent bilingual [a]
324	326		student [of limited English proficiency] out of a bilingual
325	327		education or special language program for the first time or a
326	328		subsequent time if the student is able to participate equally in a
327	329		regular all-English instructional program as determined by:
328	330		(1) agency-approved tests administered at the end of
329	331		each school year to determine the extent to which the student has
330	332		developed oral and written language proficiency and specific
331	333		language skills in English;
332	334		(2) satisfactory performance on the reading
333	335		assessment instrument under Section 39.023(a) or an English
334	336		language arts assessment instrument under Section 39.023(c), as
335	337		applicable, with the assessment instrument administered in
336	338		English, or, if the student is enrolled in the first or second
337	339		grade, an achievement score at or above the 40th percentile in the
338	340		reading and language arts sections of an English standardized test
339	341		approved by the agency; and
340	342		(3) agency-approved criterion-referenced tests and
341	343		the results of a subjective teacher evaluation.
342	344		SECTION 11. Section 29.059(b), Education Code, is amended
343	345		to read as follows:
344	346		(b) A school district may allow a nonresident emergent
345	347		bilingual student [of limited English proficiency] to enroll in or
346	348		attend its bilingual education or special language programs if the
347	349		student's district of residence does not provide an appropriate
348	350		program. The tuition for the student shall be paid by the district
349	351		in which the student resides.
350	352		SECTION 12. Sections 29.060(a) and (d), Education Code, are
351	353		amended to read as follows:
352	354		(a) Each school district that is required to offer a
353	355		bilingual education or special language program shall offer a
354	356		voluntary program for emergent bilingual children [of limited
355	357		English proficiency] who will be eligible for admission to
356	358		kindergarten or the first grade at the beginning of the next school
357	359		year. A school that operates on a system permitted by this code
358	360		other than a semester system shall offer 120 hours of instruction on
359	361		a schedule the board of trustees of the district establishes. A
360	362		school that operates on a semester system shall offer the program:
361	363		(1) during the period school is recessed for the
362	364		summer; and
363	365		(2) for one-half day for eight weeks or on a similar
364	366		schedule approved by the board of trustees.
365	367		(d) A school district may establish on a full- or part-time
366	368		basis other summer school, extended day, or extended week bilingual
367	369		education or special language programs for emergent bilingual
368	370		students [of limited English proficiency] and may join with other
369	371		districts in establishing the programs.
370	372		SECTION 13. Section 29.062(a), Education Code, is amended
371	373		to read as follows:
372	374		(a) The legislature recognizes that compliance with this
373	375		subchapter is an imperative public necessity. Therefore, in
374	376		accordance with the policy of the state, the agency shall evaluate
375	377		the effectiveness of programs under this subchapter based on the
376	378		achievement indicators adopted under Section 39.053(c), including
377	379		the results of assessment instruments. The agency may combine
378	380		evaluations under this section with federal accountability
379	381		measures concerning emergent bilingual students [of limited
380	382		English proficiency].
381	383		SECTION 14. Sections 29.063(b) and (c), Education Code, are
382	384		amended to read as follows:
383	385		(b) Each committee shall include a professional bilingual
384	386		educator, a professional transitional language educator, a parent
385	387		of an emergent bilingual [a limited English proficiency] student,
386	388		and a campus administrator.
387	389		(c) The language proficiency assessment committee shall:
388	390		(1) review all pertinent information on emergent
389	391		bilingual [limited English proficiency] students, including the
390	392		home language survey, the language proficiency tests in English and
391	393		the primary language, each student's achievement in content areas,
392	394		and each student's emotional and social attainment;
393	395		(2) make recommendations concerning the most
394	396		appropriate placement for the educational advancement of the
395	397		emergent bilingual [limited English proficiency] student after the
396	398		elementary grades;
397	399		(3) review each emergent bilingual [limited English
398	400		proficiency] student's progress at the end of the school year in
399	401		order to determine future appropriate placement;
400	402		(4) monitor the progress of students formerly
401	403		classified as emergent bilingual [limited English proficiency] who
402	404		have transferred out of the bilingual education or special language
403	405		program and, based on the information, designate the most
404	406		appropriate placement for such students; and
405	407		(5) determine the appropriateness of a program that
406	408		extends beyond the regular school year based on the needs of each
407	409		emergent bilingual [limited English proficiency] student.
408	410		SECTION 15. Sections 29.066(a) and (b), Education Code, are
409	411		amended to read as follows:
410	412		(a) A school district that is required to offer bilingual
411	413		education or special language programs shall include the following
412	414		information in the district's Public Education Information
413	415		Management System (PEIMS) report:
414	416		(1) demographic information, as determined by the
415	417		commissioner, on students enrolled in district bilingual education
416	418		or special language programs;
417	419		(2) the number and percentage of students enrolled in
418	420		each instructional model of a bilingual education or special
419	421		language program offered by the district; and
420	422		(3) the number and percentage of students identified
421	423		as emergent bilingual students [of limited English proficiency] who
422	424		do not receive specialized instruction.
423	425		(b) For purposes of this section, the commissioner shall
424	426		adopt rules to classify programs under this section as follows:
425	427		(1) if the program is a bilingual education program,
426	428		the program must be classified under the Public Education
427	429		Information Management System (PEIMS) report as:
428	430		(A) transitional bilingual/early exit: a
429	431		bilingual program that serves students identified as emergent
430	432		bilingual students [of limited English proficiency] in both English
431	433		and Spanish and transfers a student to English-only instruction not
432	434		earlier than two or later than five years after the student enrolls
433	435		in school;
434	436		(B) transitional bilingual/late exit: a
435	437		bilingual program that serves students identified as emergent
436	438		bilingual students [of limited English proficiency] in both English
437	439		and Spanish and transfers a student to English-only instruction not
438	440		earlier than six or later than seven years after the student enrolls
439	441		in school;
440	442		(C) dual language immersion/two-way: a
441	443		biliteracy program that integrates students proficient in English
442	444		and students identified as emergent bilingual students [of limited
443	445		English proficiency] in both English and Spanish and transfers a
444	446		student identified as an emergent bilingual [a] student [of limited
445	447		English proficiency] to English-only instruction not earlier than
446	448		six or later than seven years after the student enrolls in school;
447	449		or
448	450		(D) dual language immersion/one-way: a
449	451		biliteracy program that serves only students identified as emergent
450	452		bilingual students [of limited English proficiency] in both English
451	453		and Spanish and transfers a student to English-only instruction not
452	454		earlier than six or later than seven years after the student enrolls
453	455		in school; and
454	456		(2) if the program is a special language program, the
455	457		program must be classified under the Public Education Information
456	458		Management System (PEIMS) report as:
457	459		(A) English as a second language/content-based:
458	460		an English program that serves students identified as emergent
459	461		bilingual students [of limited English proficiency] in English only
460	462		by providing a full-time teacher certified under Section 29.061(c)
461	463		to provide supplementary instruction for all content area
462	464		instruction; or
463	465		(B) English as a second language/pull-out: an
464	466		English program that serves students identified as emergent
465	467		bilingual students [of limited English proficiency] in English only
466	468		by providing a part-time teacher certified under Section 29.061(c)
467	469		to provide English language arts instruction exclusively, while the
468	470		student remains in a mainstream instructional arrangement in the
469	471		remaining content areas.
470	472		SECTION 16. Section 29.081(d), Education Code, as amended
471	473		by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051),
472	474		Acts of the 86th Legislature, Regular Session, 2019, is reenacted
473	475		and amended to read as follows:
474	476		(d) For purposes of this section, "student at risk of
475	477		dropping out of school" includes each student who:
476	478		(1) is under 26 years of age and who:
477	479		(A) was not advanced from one grade level to the
478	480		next for one or more school years;
479	481		(B) if the student is in grade 7, 8, 9, 10, 11, or
480	482		12, did not maintain an average equivalent to 70 on a scale of 100 in
481	483		two or more subjects in the foundation curriculum during a semester
482	484		in the preceding or current school year or is not maintaining such
483	485		an average in two or more subjects in the foundation curriculum in
484	486		the current semester;
485	487		(C) did not perform satisfactorily on an
486	488		assessment instrument administered to the student under Subchapter
487	489		B, Chapter 39, and who has not in the previous or current school
488	490		year subsequently performed on that instrument or another
489	491		appropriate instrument at a level equal to at least 110 percent of
490	492		the level of satisfactory performance on that instrument;
491	493		(D) if the student is in prekindergarten,
492	494		kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
493	495		a readiness test or assessment instrument administered during the
494	496		current school year;
495	497		(E) is pregnant or is a parent;
496	498		(F) has been placed in an alternative education
497	499		program in accordance with Section 37.006 during the preceding or
498	500		current school year;
499	501		(G) has been expelled in accordance with Section
500	502		37.007 during the preceding or current school year;
501	503		(H) is currently on parole, probation, deferred
502	504		prosecution, or other conditional release;
503	505		(I) was previously reported through the Public
504	506		Education Information Management System (PEIMS) to have dropped out
505	507		of school;
506	508		(J) is an emergent bilingual [a] student [of
507	509		limited English proficiency], as defined by Section 29.052;
508	510		(K) is in the custody or care of the Department of
509	511		Family and Protective Services or has, during the current school
510	512		year, been referred to the department by a school official, officer
511	513		of the juvenile court, or law enforcement official;
512	514		(L) is homeless;
513	515		(M) resided in the preceding school year or
514	516		resides in the current school year in a residential placement
515	517		facility in the district, including a detention facility, substance
516	518		abuse treatment facility, emergency shelter, psychiatric hospital,
517	519		halfway house, cottage home operation, specialized child-care
518	520		home, or general residential operation; or
519	521		(N) [(14)] has been incarcerated or has a parent
520	522		or guardian who has been incarcerated, within the lifetime of the
521	523		student, in a penal institution as defined by Section 1.07, Penal
522	524		Code; or
523	525		(2) regardless of the student's age, participates in
524	526		an adult education program provided under a high school diploma and
525	527		industry certification charter school program under Section
526	528		29.259.
527	529		SECTION 17. Section 29.091(f), Education Code, is amended
528	530		to read as follows:
529	531		(f) Each school district participating in the program
530	532		shall, in the manner and within the time prescribed by commissioner
531	533		rule, provide to the agency an annual written report that includes:
532	534		(1) a detailed description of the district's plan, as
533	535		implemented;
534	536		(2) the number and grade levels of participating
535	537		students;
536	538		(3) demographic information for participating
537	539		students, including the percentage of students of each applicable
538	540		race and ethnicity, the percentage of educationally disadvantaged
539	541		students, the percentage of emergent bilingual students [of limited
540	542		English proficiency] as defined by Section 29.052, the percentage
541	543		of students enrolled in a school district special education program
542	544		under Subchapter A, and the percentage of students enrolled in a
543	545		district bilingual education program under Subchapter B;
544	546		(4) school attendance rates for participating
545	547		students, before, during, and after program participation, as
546	548		applicable;
547	549		(5) specific information that demonstrates whether
548	550		the purposes described by Subsections (b)(2) and (3) have been
549	551		achieved, including the results of assessment instruments
550	552		administered under Section 39.023 for participating students,
551	553		before, during, and after program participation, as applicable;
552	554		(6) aggregate results of assessment instruments
553	555		administered under Section 39.023 for students of participating
554	556		classroom teachers, new teachers, and student teachers, before,
555	557		during, and after program participation by the students, as
556	558		applicable;
557	559		(7) information regarding the manner in which teachers
558	560		are selected for participation in the program and the manner in
559	561		which teachers are compensated for their participation;
560	562		(8) statistical information for participating
561	563		classroom teachers, new teachers, and student teachers, including
562	564		the number of years employed in the teaching profession, the number
563	565		of years teaching in the district in which the program is provided,
564	566		the category and class of educator certification held, the highest
565	567		level of academic degree earned, race, ethnicity, and gender;
566	568		(9) information regarding whether:
567	569		(A) the program is provided on a full-day or
568	570		half-day basis;
569	571		(B) the program is voluntary or mandatory for
570	572		educationally disadvantaged students;
571	573		(C) the district has partnered with an outside
572	574		provider to provide any supplemental service;
573	575		(D) the district provides transportation to
574	576		participating students; and
575	577		(E) the district offers the program to students
576	578		who are not educationally disadvantaged and, if so, under what
577	579		circumstances;
578	580		(10) information on retention in the teaching
579	581		profession of the participating teachers, including new teachers
580	582		and student teachers; and
581	583		(11) any other information required by commissioner
582	584		rule.
583	585		SECTION 18. Section 39.023(l), Education Code, is amended
584	586		to read as follows:
585	587		(l) The State Board of Education shall adopt rules for the
586	588		administration of the assessment instruments adopted under
587	589		Subsection (a) in Spanish to emergent bilingual students in grades
588	590		three through five [who are of limited English proficiency], as
589	591		defined by Section 29.052, whose primary language is Spanish, and
590	592		who are not otherwise exempt from the administration of an
591	593		assessment instrument under Section 39.027(a)(1) or (2). Each
592	594		emergent bilingual student [of limited English proficiency] whose
593	595		primary language is Spanish, other than a student to whom
594	596		Subsection (b) applies, may be assessed using assessment
595	597		instruments in Spanish under this subsection for up to three years
596	598		or assessment instruments in English under Subsection (a). The
597	599		language proficiency assessment committee established under
598	600		Section 29.063 shall determine which students are administered
599	601		assessment instruments in Spanish under this subsection.
600	602		SECTION 19. Section 39.0241(d), Education Code, is amended
601	603		to read as follows:
602	604		(d) Using funds appropriated for purposes of this
603	605		subsection, the agency shall develop and make available teacher
604	606		training materials and other teacher training resources to assist
605	607		teachers in enabling emergent bilingual students [of limited
606	608		English proficiency] to meet state performance expectations. The
607	609		teacher training resources shall be designed to support intensive,
608	610		individualized, and accelerated instructional programs developed
609	611		by school districts for emergent bilingual students [of limited
610	612		English proficiency].
611	613		SECTION 20. Sections 39.027(a) and (e), Education Code, are
612	614		amended to read as follows:
613	615		(a) A student may be administered an accommodated or
614	616		alternative assessment instrument or may be granted an exemption
615	617		from or a postponement of the administration of an assessment
616	618		instrument under:
617	619		(1) Section 39.023(a), (b), (c), or (l) for a period of
618	620		up to one year after initial enrollment in a school in the United
619	621		States if the student is an emergent bilingual student [of limited
620	622		English proficiency], as defined by Section 29.052, and has not
621	623		demonstrated proficiency in English as determined by the assessment
622	624		system under Subsection (e);
623	625		(2) Section 39.023(a), (b), (c), or (l) for a period of
624	626		up to two years in addition to the exemption period authorized by
625	627		Subdivision (1) if the student has received an exemption under
626	628		Subdivision (1) and:
627	629		(A) is a recent unschooled immigrant; or
628	630		(B) is in a grade for which no assessment
629	631		instrument in the primary language of the student is available; or
630	632		(3) Section 39.023(a), (b), (c), or (l) for a period of
631	633		up to four years, in addition to the exemption period authorized
632	634		under Subdivision (1), if the student's initial enrollment in a
633	635		school in the United States was as an unschooled asylee or refugee.
634	636		(e) The commissioner shall develop an assessment system
635	637		that shall be used for evaluating the academic progress, including
636	638		reading proficiency in English, of all emergent bilingual students
637	639		[of limited English proficiency], as defined by Section 29.052. A
638	640		student who is exempt from the administration of an assessment
639	641		instrument under Subsection (a)(1) or (2) who achieves reading
640	642		proficiency in English as determined by the assessment system
641	643		developed under this subsection shall be administered the
642	644		assessment instruments described by Sections 39.023(a) and (c).
643	645		The performance under the assessment system developed under this
644	646		subsection of students to whom Subsection (a)(1) or (2) applies
645	647		shall be included in the indicator systems under Section 39.301, as
646	648		applicable, the performance report under Section 39.306, and the
647	649		comprehensive biennial report under Section 39.332. This
648	650		information shall be provided in a manner that is disaggregated by
649	651		the bilingual education or special language program, if any, in
650	652		which the student is enrolled.
651	653		SECTION 21. Section 39.034(b), Education Code, is amended
652	654		to read as follows:
653	655		(b) For emergent bilingual students [of limited English
654	656		proficiency], as defined by Section 29.052, the agency shall use a
655	657		student's performance data on reading proficiency assessment
656	658		instruments in English and one other language to calculate the
657	659		student's progress toward dual language proficiency.
658	660		SECTION 22. Sections 39.301(c) and (d), Education Code, are
659	661		amended to read as follows:
660	662		(c) Indicators for reporting purposes must include:
661	663		(1) the percentage of graduating students who meet the
662	664		course requirements established by State Board of Education rule
663	665		for:
664	666		(A) the foundation high school program;
665	667		(B) the distinguished level of achievement under
666	668		the foundation high school program; and
667	669		(C) each endorsement described by Section
668	670		28.025(c-1);
669	671		(2) the results of the SAT, ACT, and certified
670	672		workforce training programs described by Chapter 311, Labor Code;
671	673		(3) for students who have failed to perform
672	674		satisfactorily, under each performance standard under Section
673	675		39.0241, on an assessment instrument required under Section
674	676		39.023(a) or (c), the performance of those students on subsequent
675	677		assessment instruments required under those sections, aggregated
676	678		by grade level and subject area;
677	679		(4) for each campus, the number of students,
678	680		disaggregated by major student subpopulations, that take courses
679	681		under the foundation high school program and take additional
680	682		courses to earn an endorsement under Section 28.025(c-1),
681	683		disaggregated by type of endorsement;
682	684		(5) the percentage of students, aggregated by grade
683	685		level, provided accelerated instruction under Section 28.0211(c),
684	686		the results of assessment instruments administered under that
685	687		section, the percentage of students promoted through the grade
686	688		placement committee process under Section 28.0211, the subject of
687	689		the assessment instrument on which each student failed to perform
688	690		satisfactorily under each performance standard under Section
689	691		39.0241, and the performance of those students in the school year
690	692		following that promotion on the assessment instruments required
691	693		under Section 39.023;
692	694		(6) the percentage of emergent bilingual students [of
693	695		limited English proficiency] exempted from the administration of an
694	696		assessment instrument under Sections 39.027(a)(1) and (2);
695	697		(7) the percentage of students in a special education
696	698		program under Subchapter A, Chapter 29, assessed through assessment
697	699		instruments developed or adopted under Section 39.023(b);
698	700		(8) the percentage of students who satisfy the college
699	701		readiness measure;
700	702		(9) the measure of progress toward dual language
701	703		proficiency under Section 39.034(b), for emergent bilingual
702	704		students [of limited English proficiency], as defined by Section
703	705		29.052;
704	706		(10) the percentage of students who are not
705	707		educationally disadvantaged;
706	708		(11) the percentage of students who enroll and begin
707	709		instruction at an institution of higher education in the school
708	710		year following high school graduation; and
709	711		(12) the percentage of students who successfully
710	712		complete the first year of instruction at an institution of higher
711	713		education without needing a developmental education course.
712	714		(d) Performance on the indicators described by Section
713	715		39.053(c) and Subsections (c)(3), (4), and (9) must be based on
714	716		longitudinal student data that is disaggregated by the bilingual
715	717		education or special language program, if any, in which emergent
716	718		bilingual students [of limited English proficiency], as defined by
717	719		Section 29.052, are or former emergent bilingual students [of
718	720		limited English proficiency] were enrolled. If a student described
719	721		by this subsection is not or was not enrolled in specialized
720	722		language instruction, the number and percentage of those students
721	723		shall be provided.
722	724		SECTION 23. Section 39.309(c), Education Code, is amended
723	725		to read as follows:
724	726		(c) The Texas School Accountability Dashboard developed
725	727		under Subsection (a) must include:
726	728		(1) performance information for each school district
727	729		and campus in areas specified by Subsection (b) and must allow for
728	730		comparison between districts and campuses in each of the areas;
729	731		(2) a comparison of the number of students enrolled in
730	732		each school district, including:
731	733		(A) the percentage of emergent bilingual
732	734		students [of limited English proficiency], as defined by Section
733	735		29.052;
734	736		(B) the percentage of students who are unschooled
735	737		asylees or refugees, as defined by Section 39.027(a-1);
736	738		(C) the percentage of students who are
737	739		educationally disadvantaged; and
738	740		(D) the percentage of students with
739	741		disabilities;
740	742		(3) a comparison of performance information for each
741	743		district and campus disaggregated by race, ethnicity, and
742	744		populations served by special programs, including special
743	745		education, bilingual education, and special language programs; and
744	746		(4) a comparison of performance information by subject
745	747		area.
746	748		SECTION 24. Section 39.332(d), Education Code, is amended
747	749		to read as follows:
748	750		(d) In reporting the information required by Subsections
749	751		(b)(3), (5), and (7), the agency shall separately aggregate the
750	752		longitudinal performance data of all students identified as
751	753		emergent bilingual students [of limited English proficiency], as
752	754		defined by Section 29.052, or former emergent bilingual students
753	755		[of limited English proficiency], disaggregated by bilingual
754	756		education or special language program instructional model, if any,
755	757		in which the students are or were enrolled.
756	758		SECTION 25. Section 48.105(a), Education Code, is amended
757	759		to read as follows:
758	760		(a) For each student in average daily attendance in a
759	761		bilingual education or special language program under Subchapter B,
760	762		Chapter 29, a district is entitled to an annual allotment equal to
761	763		the basic allotment multiplied by:
762	764		(1) for an emergent bilingual [a] student [of limited
763	765		English proficiency], as defined by Section 29.052:
764	766		(A) 0.1; or
765	767		(B) 0.15 if the student is in a bilingual
766	768		education program using a dual language immersion/one-way or
767	769		two-way program model; and
768	770		(2) for a student not described by Subdivision (1),
769	771		0.05 if the student is in a bilingual education program using a dual
770	772		language immersion/two-way program model.
771	773		SECTION 26. Section 48.108(a), Education Code, is amended
772	774		to read as follows:
773	775		(a) For each student in average daily attendance in
774	776		kindergarten through third grade, a school district is entitled to
775	777		an annual allotment equal to the basic allotment multiplied by 0.1
776	778		if the student is:
777	779		(1) educationally disadvantaged; or
778	780		(2) an emergent bilingual [a] student [of limited
779	781		English proficiency], as defined by Section 29.052, and is in a
780	782		bilingual education or special language program under Subchapter B,
781	783		Chapter 29.
782	784		SECTION 27. To the extent of any conflict, this Act prevails
783	785		over another Act of the 87th Legislature, Regular Session, 2021,
784	786		relating to nonsubstantive additions to and corrections in enacted
785	787		codes.
786	788		SECTION 28. This Act takes effect September 1, 2021.
787		-	______________________________ ______________________________
788		-	President of the Senate Speaker of the House
789		-	I hereby certify that S.B. No. 2066 passed the Senate on
790		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
791		-	______________________________
792		-	Secretary of the Senate
793		-	I hereby certify that S.B. No. 2066 passed the House on
794		-	May 26, 2021, by the following vote: Yeas 105, Nays 42, two
795		-	present not voting.
796		-	______________________________
797		-	Chief Clerk of the House
798		-	Approved:
799		-	______________________________
800		-	Date
801		-	______________________________
802		-	Governor