Bill Text: TX HB1367 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to removing the requirement for bilingual education and special language programs for certain students of limited English proficiency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-02-27 - Referred to Public Education [HB1367 Detail]

Download: Texas-2017-HB1367-Introduced.html
  85R756 GCB-F
 
  By: Rinaldi H.B. No. 1367
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to removing the requirement for bilingual education and
  special language programs for certain students of limited English
  proficiency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter B, Chapter 29,
  Education Code, is amended to read as follows:
  SUBCHAPTER B. [BILINGUAL EDUCATION AND] SPECIAL LANGUAGE PROGRAMS
         SECTION 2.  Section 29.051, Education Code, is amended to
  read as follows:
         Sec. 29.051.  STATE POLICY. English is the basic language of
  this state. Public schools are responsible for providing a full
  opportunity for all students to become competent in speaking,
  reading, writing, and comprehending the English language. [Large
  numbers of students in the state come from environments in which the
  primary language is other than English. Experience has shown that
  public school classes in which instruction is given only in English
  are often inadequate for the education of those students.] The
  mastery of basic English language skills is a prerequisite for
  effective participation in the state's educational program.
  [Bilingual education and special language programs can meet the
  needs of those students and facilitate their integration into the
  regular school curriculum. Therefore, in accordance with the
  policy of the state to ensure equal educational opportunity to
  every student, and in recognition of the educational needs of
  students of limited English proficiency, this subchapter provides
  for the establishment of bilingual education and special language
  programs in the public schools and provides supplemental financial
  assistance to help school districts meet the extra costs of the
  programs.]
         SECTION 3.  Subchapter B, Chapter 29, Education Code, is
  amended by adding Section 29.0515 to read as follows:
         Sec. 29.0515.  SPECIAL LANGUAGE PROGRAMS. A school district
  with an enrollment of 20 or more students of limited English
  proficiency that speak the same primary language may offer
  bilingual education, instruction in English as a second language,
  English immersion, or other transitional language instruction.
         SECTION 4.  Section 29.052, Education Code, is amended to
  read as follows:
         Sec. 29.052.  DEFINITION [DEFINITIONS]. In this subchapter,
  "student [:
               [(1)  "Student] of limited English proficiency" means a
  student whose primary language is other than English and whose
  English language skills are such that the student has difficulty
  performing ordinary classwork in English.
               [(2)  "Parent" includes a legal guardian of a student.]
         SECTION 5.  Sections 29.053, 29.054, 29.055, 29.056,
  29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063,
  29.064, and 29.066, Education Code, are repealed.
         SECTION 6.  Section 7.056(e), Education Code, is amended to
  read as follows:
         (e)  Except as provided by Subsection (f), a school campus or
  district may not receive an exemption or waiver under this section
  from:
               (1)  a prohibition on conduct that constitutes a
  criminal offense;
               (2)  a requirement imposed by federal law or rule,
  including a requirement for special education or bilingual
  education programs; or
               (3)  a requirement, restriction, or prohibition
  relating to:
                     (A)  essential knowledge or skills under Section
  28.002 or high school graduation requirements under Section 28.025;
                     (B)  public school accountability as provided by
  Subchapters B, C, D, E, F, G, and J, Chapter 39;
                     (C)  extracurricular activities under Section
  33.081 or participation in a University Interscholastic League
  area, regional, or state competition under Section 33.0812;
                     (D)  health and safety under Chapter 38;
                     (E)  purchasing under Subchapter B, Chapter 44;
                     (F)  elementary school class size limits, except
  as provided by Section 25.112;
                     (G)  removal of a disruptive student from the
  classroom under Subchapter A, Chapter 37;
                     (H)  at-risk programs under Subchapter C, Chapter
  29;
                     (I)  prekindergarten programs under Subchapter E,
  Chapter 29;
                     (J)  educator rights and benefits under
  Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
  A, Chapter 22;
                     (K)  special education programs under Subchapter
  A, Chapter 29; or
                     (L)  [bilingual education programs under
  Subchapter B, Chapter 29; or
                     [(M)]  the requirements for the first day of
  instruction under Section 25.0811.
         SECTION 7.  Section 12.013(b), Education Code, is amended to
  read as follows:
         (b)  A home-rule school district is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  a provision of this title relating to limitations
  on liability; and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  educator certification under Chapter 21 and
  educator rights under Sections 21.407, 21.408, and 22.001;
                     (C)  criminal history records under Subchapter C,
  Chapter 22;
                     (D)  student admissions under Section 25.001;
                     (E)  school attendance under Sections 25.085,
  25.086, and 25.087;
                     (F)  inter-district or inter-county transfers of
  students under Subchapter B, Chapter 25;
                     (G)  elementary class size limits under Section
  25.112, in the case of any campus in the district that fails to
  satisfy any standard under Section 39.054(e);
                     (H)  high school graduation under Section 28.025;
                     (I)  special education programs under Subchapter
  A, Chapter 29;
                     (J)  [bilingual education under Subchapter B,
  Chapter 29;
                     [(K)]  prekindergarten programs under Subchapter
  E, Chapter 29;
                     (K) [(L)]  safety provisions relating to the
  transportation of students under Sections 34.002, 34.003, 34.004,
  and 34.008;
                     (L) [(M)]  computation and distribution of state
  aid under Chapters 31, 42, and 43;
                     (M) [(N)]  extracurricular activities under
  Section 33.081;
                     (N) [(O)]  health and safety under Chapter 38;
                     (O) [(P)]  public school accountability under
  Subchapters B, C, D, E, F, G, and J, Chapter 39;
                     (P) [(Q)]  equalized wealth under Chapter 41;
                     (Q) [(R)]  a bond or other obligation or tax rate
  under Chapters 42, 43, and 45; and
                     (R) [(S)]  purchasing under Chapter 44.
         SECTION 8.  Section 12.056(b), Education Code, is amended to
  read as follows:
         (b)  A campus or program for which a charter is granted under
  this subchapter is subject to:
               (1)  a provision of this title establishing a criminal
  offense; and
               (2)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  high school graduation under Section 28.025;
                     (D)  special education programs under Subchapter
  A, Chapter 29;
                     (E)  [bilingual education under Subchapter B,
  Chapter 29;
                     [(F)] prekindergarten programs under Subchapter
  E, Chapter 29;
                     (F) [(G)]  extracurricular activities under
  Section 33.081;
                     (G) [(H)]  health and safety under Chapter 38; and
                     (H) [(I)]  public school accountability under
  Subchapters B, C, D, E, F, G, and J, Chapter 39.
         SECTION 9.  Section 12.104(b), Education Code, is amended to
  read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense; and
               (2)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  [bilingual education under Subchapter B,
  Chapter 29;
                     [(H)]  prekindergarten programs under Subchapter
  E or E-1, Chapter 29;
                     (H) [(I)]  extracurricular activities under
  Section 33.081;
                     (I) [(J)]  discipline management practices or
  behavior management techniques under Section 37.0021;
                     (J) [(K)]  health and safety under Chapter 38;
                     (K) [(L)]  public school accountability under
  Subchapters B, C, D, E, F, G, and J, Chapter 39;
                     (L) [(M)]  the requirement under Section 21.006
  to report an educator's misconduct;
                     (M) [(N)]  intensive programs of instruction
  under Section 28.0213; and
                     (N) [(O)]  the right of a school employee to
  report a crime, as provided by Section 37.148.
         SECTION 10.  Section 39.023(l), Education Code, as effective
  September 1, 2017, is amended to read as follows:
         (l)  The State Board of Education shall adopt rules for the
  administration of the assessment instruments adopted under
  Subsection (a) in Spanish to students in grades three through five
  who are of limited English proficiency, as defined by Section
  29.052, whose primary language is Spanish, and who are not
  otherwise exempt from the administration of an assessment
  instrument under Section 39.027(a)(1) or (2). Each student of
  limited English proficiency whose primary language is Spanish,
  other than a student to whom Subsection (b) applies, may be assessed
  using assessment instruments in Spanish under this subsection for
  up to three years or assessment instruments in English under
  Subsection (a). [The language proficiency assessment committee
  established under Section 29.063 shall determine which students are
  administered assessment instruments in Spanish under this
  subsection.]
         SECTION 11.  Section 39.232(b), Education Code, is amended
  to read as follows:
         (b)  A school campus or district is not exempt under this
  section from:
               (1)  a prohibition on conduct that constitutes a
  criminal offense;
               (2)  requirements imposed by federal law or rule,
  including requirements for special education or bilingual
  education programs; or
               (3)  a requirement, restriction, or prohibition
  relating to:
                     (A)  curriculum essential knowledge and skills
  under Section 28.002 or high school graduation requirements under
  Section 28.025;
                     (B)  public school accountability as provided by
  Subchapters B, C, D, E, F, G, and J;
                     (C)  extracurricular activities under Section
  33.081;
                     (D)  health and safety under Chapter 38;
                     (E)  purchasing under Subchapter B, Chapter 44;
                     (F)  elementary school class size limits, except
  as provided by Subsection (d) or Section 25.112;
                     (G)  removal of a disruptive student from the
  classroom under Subchapter A, Chapter 37;
                     (H)  at risk programs under Subchapter C, Chapter
  29;
                     (I)  prekindergarten programs under Subchapter E,
  Chapter 29;
                     (J)  rights and benefits of school employees; or
                     (K)  special education programs under Subchapter
  A, Chapter 29[; or
                     [(L)     bilingual education programs under
  Subchapter B, Chapter 29].
         SECTION 12.  Section 39.309(c), Education Code, is amended
  to read as follows:
         (c)  The Texas School Accountability Dashboard developed
  under Subsection (a) must include:
               (1)  performance information for each school district
  and campus in areas specified by Subsection (b) and must allow for
  comparison between districts and campuses in each of the areas;
               (2)  a comparison of the number of students enrolled in
  each school district, including:
                     (A)  the percentage of students of limited English
  proficiency, as defined by Section 29.052;
                     (B)  the percentage of students who are unschooled
  asylees or refugees, as defined by Section 39.027(a-1);
                     (C)  the percentage of students who are
  educationally disadvantaged; and
                     (D)  the percentage of students with
  disabilities;
               (3)  a comparison of performance information for each
  district and campus disaggregated by race, ethnicity, and
  populations served by special programs, including special
  education[, bilingual education, and special language] programs;
  and
               (4)  a comparison of performance information by subject
  area.
         SECTION 13.  Section 382.05199(c), Health and Safety Code,
  is amended to read as follows:
         (c)  The applicant must publish notice at least once in a
  newspaper of general circulation in the municipality in which the
  plant is proposed to be located or in the municipality nearest to
  the proposed location of the plant. If the elementary or middle
  school nearest to the proposed plant provides a special language 
  [bilingual education] program under [as required by] Subchapter B,
  Chapter 29, Education Code, the applicant must also publish the
  notice at least once in an additional publication of general
  circulation in the municipality or county in which the plant is
  proposed to be located that is published in the language taught in
  the special language [bilingual education] program. This
  requirement is waived if such a publication does not exist or if the
  publisher refuses to publish the notice.
         SECTION 14.  Section 382.056(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Section 382.0518(h), an applicant
  for a permit or permit amendment under Section 382.0518 or a permit
  renewal review under Section 382.055 shall publish notice of intent
  to obtain the permit, permit amendment, or permit review not later
  than the 30th day after the date the commission determines the
  application to be administratively complete.  The commission by
  rule shall require an applicant for a federal operating permit
  under Section 382.054 to publish notice of intent to obtain a
  permit, permit amendment, or permit review consistent with federal
  requirements and with the requirements of Subsection (b).  The
  applicant shall publish the notice at least once in a newspaper of
  general circulation in the municipality in which the facility or
  federal source is located or is proposed to be located or in the
  municipality nearest to the location or proposed location of the
  facility or federal source.  If the elementary or middle school
  nearest to the facility or proposed facility provides a special
  language [bilingual education] program under [as required by]
  Subchapter B, Chapter 29, Education Code, the applicant shall also
  publish the notice at least once in an additional publication of
  general circulation in the municipality or county in which the
  facility is located or proposed to be located that is published in
  the language taught in the special language [bilingual education]
  program.  This requirement is waived if such a publication does not
  exist or if the publisher refuses to publish the notice.  The
  commission by rule shall prescribe the form and content of the
  notice and when notice must be published.  The commission may
  require publication of additional notice.  The commission by rule
  shall prescribe alternative procedures for publication of the
  notice in a newspaper if the applicant is a small business
  stationary source as defined by Section 5.135, Water Code, and will
  not have a significant effect on air quality.  The alternative
  procedures must be cost-effective while ensuring adequate
  notice.  Notice required to be published under this section shall
  only be required to be published in the United States.
         SECTION 15.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 16.  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, 2017.
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