1 | 1 | | 88R14428 DIO-D |
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2 | 2 | | By: Guerra H.B. No. 4508 |
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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 bilingual education in public schools. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subchapter J, Chapter 21, Education Code, is |
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10 | 10 | | amended by adding Section 21.4572 to read as follows: |
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11 | 11 | | Sec. 21.4572. TRAINING FOR SCHOOL ADMINISTRATORS: |
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12 | 12 | | BILINGUAL EDUCATION AND DUAL LANGUAGE IMMERSION. The commissioner, |
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13 | 13 | | in collaboration with relevant stakeholders, shall develop and make |
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14 | 14 | | available training materials and other training resources to |
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15 | 15 | | increase school administrators' understanding of and improve |
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16 | 16 | | student outcomes for: |
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17 | 17 | | (1) bilingual education programs offered under |
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18 | 18 | | Section 29.053; and |
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19 | 19 | | (2) dual language immersion programs described by |
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20 | 20 | | Section 28.0051. |
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21 | 21 | | SECTION 2. Subchapter B, Chapter 28, Education Code, is |
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22 | 22 | | amended by adding Section 28.028 to read as follows: |
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23 | 23 | | Sec. 28.028. TEXAS STATE SEAL OF BILINGUALISM AND |
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24 | 24 | | BILITERACY. (a) In this section, "seal" means the Texas State Seal |
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25 | 25 | | of Bilingualism and Biliteracy established under Subsection (b). |
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26 | 26 | | (b) The agency shall establish a seal to recognize high |
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27 | 27 | | school graduates who have attained a high level of proficiency in |
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28 | 28 | | comprehending, speaking, reading, and writing in both English and a |
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29 | 29 | | language other than English. |
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30 | 30 | | (c) The agency, in consultation with appropriate |
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31 | 31 | | stakeholders, shall: |
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32 | 32 | | (1) determine minimum requirements for earning the |
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33 | 33 | | seal, which: |
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34 | 34 | | (A) must be sufficiently rigorous to indicate to |
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35 | 35 | | an employer or postsecondary institution that a student who has |
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36 | 36 | | earned the seal is biliterate; |
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37 | 37 | | (B) may include completion of a project, |
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38 | 38 | | activity, or portfolio; and |
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39 | 39 | | (C) may not condition receipt of the seal on an |
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40 | 40 | | examination created for that purpose; and |
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41 | 41 | | (2) prepare and deliver to each school district an |
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42 | 42 | | insignia that can be affixed or stamped on the diploma of and adopt |
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43 | 43 | | a designation to be included on the transcript of a student who has |
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44 | 44 | | satisfied requirements for earning the seal. |
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45 | 45 | | (d) Each school district shall: |
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46 | 46 | | (1) maintain appropriate records to identify students |
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47 | 47 | | who have earned the seal; and |
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48 | 48 | | (2) for each student who has satisfied requirements |
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49 | 49 | | for earning the seal: |
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50 | 50 | | (A) affix the seal's insignia to the student's |
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51 | 51 | | diploma; and |
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52 | 52 | | (B) include in the student's transcript that the |
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53 | 53 | | student earned the seal. |
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54 | 54 | | (e) The commissioner shall adopt rules as necessary to |
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55 | 55 | | administer this section. |
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56 | 56 | | SECTION 3. Section 29.054, Education Code, is amended by |
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57 | 57 | | adding Subsection (e) to read as follows: |
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58 | 58 | | (e) Notwithstanding Section 29.066(c), the agency may |
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59 | 59 | | require, for purposes of implementing Section 48.105, a school |
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60 | 60 | | district that is granted an exception under this section to: |
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61 | 61 | | (1) include in the district's Public Education |
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62 | 62 | | Information Management System (PEIMS) report additional |
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63 | 63 | | information specified by the agency and relating to the alternative |
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64 | 64 | | language education methods used by the district; and |
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65 | 65 | | (2) classify the alternative language education |
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66 | 66 | | method used by the district under the Public Education Information |
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67 | 67 | | Management System (PEIMS) report as specified by the agency. |
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68 | 68 | | SECTION 4. Section 29.066(a), Education Code, is amended to |
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69 | 69 | | read as follows: |
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70 | 70 | | (a) A school district that is required to offer bilingual |
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71 | 71 | | education or special language programs shall include the following |
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72 | 72 | | information in the district's Public Education Information |
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73 | 73 | | Management System (PEIMS) report: |
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74 | 74 | | (1) demographic information, as determined by the |
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75 | 75 | | commissioner, on students enrolled in district bilingual education |
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76 | 76 | | or special language programs; |
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77 | 77 | | (2) the number and percentage of students enrolled in |
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78 | 78 | | each instructional model of a bilingual education or special |
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79 | 79 | | language program offered by the district; [and] |
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80 | 80 | | (3) the number and percentage of students identified |
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81 | 81 | | as emergent bilingual students who do not receive specialized |
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82 | 82 | | instruction; and |
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83 | 83 | | (4) any other information required by the agency under |
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84 | 84 | | Section 29.068(b). |
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85 | 85 | | SECTION 5. Subchapter B, Chapter 29, Education Code, is |
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86 | 86 | | amended by adding Section 29.068 to read as follows: |
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87 | 87 | | Sec. 29.068. AGENCY MONITORING. (a) The agency shall adopt |
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88 | 88 | | rules providing for robust monitoring of bilingual education and |
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89 | 89 | | special language programs. The rules must require the agency to: |
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90 | 90 | | (1) review bilingual education and special language |
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91 | 91 | | program requirements to ensure those requirements prioritize |
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92 | 92 | | meeting student needs and closing learning gaps for emergent |
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93 | 93 | | bilingual students; and |
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94 | 94 | | (2) engage directly with school districts offering |
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95 | 95 | | bilingual education or special language programs to improve |
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96 | 96 | | outcomes for emergent bilingual students, including by identifying |
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97 | 97 | | districts offering programs with deficiencies and providing |
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98 | 98 | | technical assistance to those districts. |
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99 | 99 | | (b) Rules adopted under Subsection (a) may include |
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100 | 100 | | requiring school districts that offer bilingual education or |
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101 | 101 | | special language programs to provide additional information |
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102 | 102 | | relevant to the programs through the Public Education Information |
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103 | 103 | | Management System (PEIMS) under Section 29.066. |
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104 | 104 | | SECTION 6. Subchapter F, Chapter 29, Education Code, is |
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105 | 105 | | amended by adding Section 29.1831 to read as follows: |
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106 | 106 | | Sec. 29.1831. PROGRAM OF STUDY IN BILINGUAL EDUCATION, |
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107 | 107 | | ENGLISH AS A SECOND LANGUAGE, AND SPANISH. (a) The agency shall |
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108 | 108 | | develop a program of study for use in career and technology |
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109 | 109 | | education programs that prepares and assists students in pursuing a |
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110 | 110 | | career teaching: |
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111 | 111 | | (1) bilingual education; |
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112 | 112 | | (2) English as a second language; or |
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113 | 113 | | (3) Spanish. |
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114 | 114 | | (b) The agency shall post on the agency's Internet website |
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115 | 115 | | information regarding: |
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116 | 116 | | (1) the program of study developed under this section; |
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117 | 117 | | and |
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118 | 118 | | (2) the financial incentive program to prepare |
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119 | 119 | | teachers to obtain certification to teach bilingual education, |
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120 | 120 | | English as a second language, or Spanish administered by the Texas |
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121 | 121 | | Higher Education Coordinating Board under Subchapter SS, Chapter |
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122 | 122 | | 61. |
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123 | 123 | | SECTION 7. Section 33.007(b), Education Code, is amended to |
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124 | 124 | | read as follows: |
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125 | 125 | | (b) During the first school year a student is enrolled in a |
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126 | 126 | | high school or at the high school level in an open-enrollment |
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127 | 127 | | charter school, and again during each year of a student's |
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128 | 128 | | enrollment in high school or at the high school level, a school |
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129 | 129 | | counselor shall provide information about postsecondary education |
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130 | 130 | | to the student and the student's parent or guardian. The |
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131 | 131 | | information must include information regarding: |
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132 | 132 | | (1) the importance of postsecondary education; |
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133 | 133 | | (2) the advantages of earning an endorsement and a |
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134 | 134 | | performance acknowledgment and completing the distinguished level |
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135 | 135 | | of achievement under the foundation high school program under |
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136 | 136 | | Section 28.025; |
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137 | 137 | | (3) the disadvantages of taking courses to prepare for |
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138 | 138 | | a high school equivalency examination relative to the benefits of |
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139 | 139 | | taking courses leading to a high school diploma; |
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140 | 140 | | (4) financial aid eligibility; |
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141 | 141 | | (5) instruction on how to apply for federal financial |
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142 | 142 | | aid; |
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143 | 143 | | (6) the center for financial aid information |
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144 | 144 | | established under Section 61.0776; |
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145 | 145 | | (7) the automatic admission of certain students to |
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146 | 146 | | general academic teaching institutions as provided by Section |
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147 | 147 | | 51.803; |
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148 | 148 | | (8) the eligibility and academic performance |
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149 | 149 | | requirements for the TEXAS Grant as provided by Subchapter M, |
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150 | 150 | | Chapter 56; |
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151 | 151 | | (9) the availability of programs in the district under |
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152 | 152 | | which a student may earn college credit, including advanced |
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153 | 153 | | placement programs, dual credit programs, joint high school and |
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154 | 154 | | college credit programs, and international baccalaureate programs; |
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155 | 155 | | (10) the availability of education and training |
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156 | 156 | | vouchers and tuition and fee waivers to attend an institution of |
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157 | 157 | | higher education as provided by Section 54.366 for a student who is |
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158 | 158 | | or was previously in the conservatorship of the Department of |
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159 | 159 | | Family and Protective Services; [and] |
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160 | 160 | | (11) the availability of college credit awarded by |
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161 | 161 | | institutions of higher education to veterans and military |
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162 | 162 | | servicemembers for military experience, education, and training |
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163 | 163 | | obtained during military service as described by the informational |
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164 | 164 | | materials developed under Section 302.0031(h), Labor Code; and |
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165 | 165 | | (12) the availability of programs that prepare |
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166 | 166 | | students for teaching bilingual education, English as a second |
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167 | 167 | | language, or Spanish, including: |
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168 | 168 | | (A) the program of study developed under Section |
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169 | 169 | | 29.1831; and |
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170 | 170 | | (B) the financial incentive program administered |
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171 | 171 | | by the Texas Higher Education Coordinating Board under Subchapter |
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172 | 172 | | SS, Chapter 61. |
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173 | 173 | | SECTION 8. Section 48.105(a), Education Code, is amended to |
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174 | 174 | | read as follows: |
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175 | 175 | | (a) For each student in average daily attendance in a |
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176 | 176 | | bilingual education or special language program under Subchapter B, |
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177 | 177 | | Chapter 29, or an alternative language method offered by a school |
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178 | 178 | | district and approved by the agency under Section 29.054(d), a |
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179 | 179 | | district is entitled to an annual allotment equal to the basic |
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180 | 180 | | allotment multiplied by: |
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181 | 181 | | (1) for an emergent bilingual student, as defined by |
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182 | 182 | | Section 29.052: |
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183 | 183 | | (A) 0.1; or |
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184 | 184 | | (B) 0.15 if the student is in a bilingual |
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185 | 185 | | education program or an alternative language method offered by a |
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186 | 186 | | school district and approved by the agency under Section 29.054(d) |
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187 | 187 | | using a dual language immersion/one-way or two-way program model; |
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188 | 188 | | and |
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189 | 189 | | (2) for a student not described by Subdivision (1), |
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190 | 190 | | 0.05 if the student is in a bilingual education program or an |
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191 | 191 | | alternative language method offered by a school district and |
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192 | 192 | | approved by the agency under Section 29.054(d) using a dual |
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193 | 193 | | language immersion/two-way program model. |
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194 | 194 | | SECTION 9. Chapter 61, Education Code, is amended by adding |
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195 | 195 | | Subchapter SS to read as follows: |
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196 | 196 | | SUBCHAPTER SS. FINANCIAL INCENTIVE PROGRAM TO PREPARE TEACHERS IN |
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197 | 197 | | BILINGUAL EDUCATION, ENGLISH AS A SECOND LANGUAGE, AND SPANISH |
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198 | 198 | | Sec. 61.99991. ESTABLISHMENT AND ADMINISTRATION OF |
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199 | 199 | | PROGRAM. (a) The board shall establish a program to provide |
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200 | 200 | | financial incentives such as tuition assistance or student loan |
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201 | 201 | | repayment to: |
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202 | 202 | | (1) assist persons in obtaining certification to teach |
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203 | 203 | | bilingual education, English as a second language, or Spanish in a |
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204 | 204 | | public elementary or secondary school in this state; and |
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205 | 205 | | (2) facilitate the employment of those persons by a |
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206 | 206 | | public elementary or secondary school in this state that has a |
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207 | 207 | | shortage of teachers certified to teach in those fields. |
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208 | 208 | | (b) In administering the program, the board shall give |
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209 | 209 | | priority to awarding financial incentives to those eligible persons |
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210 | 210 | | who demonstrate the greatest financial need. |
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211 | 211 | | Sec. 61.99992. ELIGIBILITY. To be eligible to receive |
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212 | 212 | | financial incentives under this subchapter, a person must: |
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213 | 213 | | (1) apply to the board in the form and manner |
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214 | 214 | | prescribed by board rule; |
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215 | 215 | | (2) be admitted into an educator preparation program |
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216 | 216 | | at an institution of higher education or at a private or independent |
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217 | 217 | | institution of higher education that prepares students for |
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218 | 218 | | certification to teach bilingual education, English as a second |
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219 | 219 | | language, or Spanish; |
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220 | 220 | | (3) enter into an agreement with the board as provided |
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221 | 221 | | by Section 61.99993; and |
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222 | 222 | | (4) satisfy any other criteria jointly prescribed by |
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223 | 223 | | the board and the State Board for Educator Certification. |
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224 | 224 | | Sec. 61.99993. AGREEMENT. To qualify for financial |
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225 | 225 | | incentives under this subchapter, a person must enter into a |
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226 | 226 | | written agreement with the board as provided by this section. The |
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227 | 227 | | agreement must require the person to: |
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228 | 228 | | (1) obtain, within the period prescribed by board |
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229 | 229 | | rule, certification to teach bilingual education, English as a |
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230 | 230 | | second language, or Spanish in a public elementary or secondary |
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231 | 231 | | school in this state; |
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232 | 232 | | (2) accept, during the first school year that begins |
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233 | 233 | | after the date the person becomes certified as provided by |
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234 | 234 | | Subdivision (1), an offer of full-time employment to teach |
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235 | 235 | | bilingual education, English as a second language, or Spanish in a |
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236 | 236 | | public elementary or secondary school in this state that has a |
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237 | 237 | | shortage of teachers certified to teach in one or more of those |
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238 | 238 | | fields; and |
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239 | 239 | | (3) teach bilingual education, English as a second |
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240 | 240 | | language, or Spanish at that school for at least two school years. |
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241 | 241 | | Sec. 61.99994. FINANCIAL INCENTIVES. The board shall award |
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242 | 242 | | financial incentives such as tuition assistance or student loan |
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243 | 243 | | repayment to each participant in the program to assist with the cost |
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244 | 244 | | of payment of mandatory tuition and fees for courses required to |
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245 | 245 | | obtain certification to teach bilingual education, English as a |
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246 | 246 | | second language, or Spanish. |
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247 | 247 | | Sec. 61.99995. REIMBURSEMENT; EXCEPTIONS. (a) A program |
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248 | 248 | | participant who fails to meet the requirements of Section 61.99993 |
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249 | 249 | | shall reimburse the board for the amount of any assistance received |
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250 | 250 | | by the participant under this subchapter. |
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251 | 251 | | (b) The board by rule shall establish exceptions to the |
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252 | 252 | | reimbursement requirement under this section for participants who |
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253 | 253 | | are unable to meet the requirements of Section 61.99993 as a result |
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254 | 254 | | of an unusual hardship. |
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255 | 255 | | Sec. 61.99996. GIFTS, GRANTS, AND DONATIONS. In addition |
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256 | 256 | | to money appropriated by the legislature, the board may solicit and |
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257 | 257 | | accept gifts, grants, and donations for the purposes of this |
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258 | 258 | | subchapter. |
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259 | 259 | | Sec. 61.99997. RULES. The board shall adopt rules |
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260 | 260 | | necessary for the administration of this subchapter, including a |
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261 | 261 | | rule that sets the maximum amount of financial assistance that a |
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262 | 262 | | person may receive under this subchapter in one year. |
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263 | 263 | | SECTION 10. The Texas Education Agency shall develop the |
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264 | 264 | | program of study for use in a school district's career and |
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265 | 265 | | technology education program to teach bilingual education, English |
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266 | 266 | | as a second language, or Spanish as required by Section 29.1831, |
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267 | 267 | | Education Code, as added by this Act, beginning not later than the |
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268 | 268 | | 2024-2025 school year. |
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269 | 269 | | SECTION 11. The Texas Higher Education Coordinating Board |
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270 | 270 | | shall adopt rules for the administration of Subchapter SS, Chapter |
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271 | 271 | | 61, Education Code, as added by this Act, as soon as practicable |
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272 | 272 | | after this Act takes effect. |
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273 | 273 | | SECTION 12. This Act takes effect immediately if it |
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274 | 274 | | receives a vote of two-thirds of all the members elected to each |
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275 | 275 | | house, as provided by Section 39, Article III, Texas Constitution. |
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276 | 276 | | If this Act does not receive the vote necessary for immediate |
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277 | 277 | | effect, this Act takes effect September 1, 2023. |
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