Bill Text: TX SB42 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to public school accountability for bilingual education and English as a second language and other special language programs.

Status: (Introduced) 2013-04-23 - Left pending in committee [SB42 Detail]

Download: Texas-2013-SB42-Introduced.html
  83R1585 CAS-F
 
  By: Zaffirini S.B. No. 42
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability for bilingual education
  and English as a second language and other special language
  programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.062, Education Code, is amended to
  read as follows:
         Sec. 29.062.  COMPLIANCE.  (a)  The legislature recognizes
  that compliance with this subchapter is an imperative public
  necessity. Therefore, in accordance with the policy of the state,
  the agency shall evaluate the effectiveness of programs under this
  subchapter based on the following data, disaggregated by campus and
  school district or open-enrollment charter school, which each
  district and open-enrollment charter school shall collect and
  provide to the agency:
               (1)  the student achievement indicators adopted under
  Section 39.053, including the results of assessment instruments;
               (2)  the difference in grade-level retention rates
  between students of limited English proficiency and students who
  are not students of limited English proficiency;
               (3)  any significant difference in performance on
  assessment instruments required under Sections 39.023(a), (c), and
  (l), as applicable, between students of limited English proficiency
  at the campus or in the district or open-enrollment charter school
  being evaluated and the state average performance on those
  assessment instruments of students who are not students of limited
  English proficiency; and
               (4)  any significant difference in the dropout rate for
  grade levels 9 through 12 between students of limited English
  proficiency at the campus or in the district or open-enrollment
  charter school being evaluated and the state average dropout rate
  of students who are not students of limited English proficiency.
         (b)  Notwithstanding Subsection (a), for a school district
  campus with fewer than 30 students enrolled in bilingual education
  or English as a second language or other special language programs,
  the agency shall evaluate information specified under Subsection
  (a) only at the district level.
         (b-1)  The agency may combine but may not replace evaluations
  under this section with federal accountability measures concerning
  students of limited English proficiency.
         (b-2)  Each person considered by the agency to be the lead
  monitor evaluating the effectiveness of programs under this
  subchapter must be appropriately certified by the State Board for
  Educator Certification as provided for under Section 29.061 for
  teaching English as a second language.  An emergency endorsement
  issued under Section 29.061(a) is not considered appropriate
  certification for purposes of this subsection.
         [(b)  The areas to be monitored shall include:
               [(1)  program content and design;
               [(2)  program coverage;
               [(3)  identification procedures;
               [(4)  classification procedures;
               [(5)  staffing;
               [(6)  learning materials;
               [(7)  testing materials;
               [(8)     reclassification of students for either entry
  into regular classes conducted exclusively in English or reentry
  into a bilingual education or special education program; and
               [(9)     activities of the language proficiency
  assessment committees.]
         (c)  If, as a result of an evaluation under Subsection (a),
  the agency determines that a school district, campus, or
  open-enrollment charter school program under this chapter is
  ineffective, the agency shall intervene in the program [Not later
  than the 30th day after the date of an on-site monitoring
  inspection, the agency shall report its findings to the school
  district or open-enrollment charter school and to the division of
  accreditation].
         (d)  The agency shall notify a school district, any
  appropriate campus, or an open-enrollment charter school [found in
  noncompliance] in writing of an intervention under Subsection
  (c)[,] not later than the 30th day after the first day [date] of the
  intervention [on-site monitoring.   The district or open-enrollment
  charter school shall take immediate corrective action].
         (d-1)  The school district, campus, or open-enrollment
  charter school with a program determined under this section to be
  ineffective shall immediately review the following to evaluate
  program effectiveness further:
               (1)  procedures for identification of students of
  limited English proficiency;
               (2)  procedures for placement of students in a program
  under this subchapter;
               (3)  student assessment procedures, including
  assessment of:
                     (A)  English language proficiency; and
                     (B)  academic achievement in, as defined by
  commissioner rule, core content areas;
               (4)  provision of instruction under the program,
  including assessment of the quality of instruction and whether the
  program is being implemented as designed;
               (5)  credentials of instructional staff, including:
                     (A)  appropriate certification of teachers
  providing English language development or content area instruction
  to students of limited English proficiency; and
                     (B)  the amount of instruction provided by
  teachers who hold emergency endorsements or who are teaching
  outside the teacher's area of specialization;
               (6)  professional development provided to content area
  teachers serving students of limited English proficiency;
               (7)  curricular materials used in providing
  instruction;
               (8)  if applicable, district-level program evaluation
  procedures, including procedures for:
                     (A)  ongoing district-level monitoring to
  identify program components needing improvement and implementing
  identified improvements; and
                     (B)  identifying and closing any academic
  achievement gap between students of limited English proficiency and
  students who are not students of limited English proficiency;
               (9)  a rate of parental denial of approval of a
  student's entry into or placement in a program under this
  subchapter that is at least 150 percent greater than the state
  average rate of parental denial;
               (10)  any variance of greater than 20 percent between
  the percentage of students identified as students of limited
  English proficiency and the percentage of students who speak a
  language other than English at home, as determined by the home
  language survey administered to all students new to a campus,
  district, or open-enrollment charter school as provided by Section
  29.056(a)(1); and
               (11)  reclassification of students for either entry
  into regular classes conducted exclusively in English or reentry
  into a bilingual education or special education program.
         (d-2)  On completion of the review under Subsection (d-1),
  the campus, district, or open-enrollment charter school shall
  designate annual program improvement goals that:
               (1)  are designed to improve academic achievement in
  the core content areas by students of limited English proficiency;
  and
               (2)  are based on the extent of any academic
  achievement gap identified under Subsection (d-1)(8)(B), with
  incremental improvement goals established according to the size of
  the achievement gap.
         (d-3)  The agency shall review annual improvement in a
  program under this subchapter as measured by the goals designated
  under Subsection (d-2). The agency shall take appropriate
  corrective action for a campus, school district, or open-enrollment
  charter school program that fails to meet one or more annual
  improvement goals for two or more consecutive school years.
         (e)  If a campus, school district, or open-enrollment
  charter school program under this subchapter fails to satisfy
  appropriate standards adopted by the commissioner for purposes of
  Subsection (d-3) [(a)], the agency shall apply sanctions, which may
  include the removal of accreditation, loss of foundation school
  funds, or both.
         (f)  The commissioner shall adopt rules consistent with this
  section as necessary to administer this section.
         SECTION 2.  Section 42.006, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The commissioner shall adopt rules to ensure that,
  through the Public Education Information Management System, the
  agency collects and maintains data regarding:
               (1)  whether a student is or while enrolled in a public
  school in this state has ever been classified as a student of
  limited English proficiency;
               (2)  the school year in which a student described by
  Subdivision (1) first entered ninth grade; and
               (3)  the status of a student described by Subdivision
  (1) as:
                     (A)  a continuing student;
                     (B)  a high school graduate;
                     (C)  a recipient of a high school equivalency
  certificate; or
                     (D)  a dropout.
         SECTION 3.  This Act applies beginning with the 2014-2015
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
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