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 - Dead) 2017-02-27 - Referred to Public Education [HB1367 Detail]
Download: Texas-2017-HB1367-Introduced.html
85R756 GCB-F | ||
By: Rinaldi | H.B. No. 1367 |
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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. [ |
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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. [ |
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mastery of basic English language skills is a prerequisite for | ||
effective participation in the state's educational program. | ||
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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 [ |
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"student [ |
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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. | ||
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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) [ |
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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) [ |
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E, Chapter 29; | ||
(K) [ |
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transportation of students under Sections 34.002, 34.003, 34.004, | ||
and 34.008; | ||
(L) [ |
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aid under Chapters 31, 42, and 43; | ||
(M) [ |
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Section 33.081; | ||
(N) [ |
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(O) [ |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(P) [ |
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(Q) [ |
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under Chapters 42, 43, and 45; and | ||
(R) [ |
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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) [ |
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E, Chapter 29; | ||
(F) [ |
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Section 33.081; | ||
(G) [ |
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(H) [ |
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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) [ |
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E or E-1, Chapter 29; | ||
(H) [ |
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Section 33.081; | ||
(I) [ |
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behavior management techniques under Section 37.0021; | ||
(J) [ |
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(K) [ |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(L) [ |
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to report an educator's misconduct; | ||
(M) [ |
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under Section 28.0213; and | ||
(N) [ |
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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). [ |
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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[ |
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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 | ||
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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 | ||
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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 [ |
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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 | ||
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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 [ |
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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. |