1-1                                   AN ACT
 1-2     relating to dual language immersion programs in certain public
 1-3     schools and to the review of existing rules of the State Board of
 1-4     Education affecting such programs.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 28.005, Education Code, is amended by
 1-7     amending Subsection (a) and adding Subsection (c) to read as
 1-8     follows:
 1-9           (a)  Except as provided by this section, English shall be the
1-10     basic language of instruction in public schools.
1-11           (c)  A school district may adopt a dual language immersion
1-12     program for students enrolled in elementary school grades as
1-13     provided by Section 28.0051.
1-14           SECTION 2.  Subchapter A, Chapter 28, Education Code, is
1-15     amended by adding Section 28.0051 to read as follows:
1-16           Sec. 28.0051.  DUAL LANGUAGE IMMERSION PROGRAM.  (a)  A dual
1-17     language immersion program should be designed to produce students
1-18     with a demonstrated mastery, in both English and one other
1-19     language, of the required curriculum under Section 28.002(a).
1-20           (b)  The commissioner by rule shall adopt:
1-21                 (1)  minimum requirements for a dual language immersion
1-22     program implemented by a school district;
1-23                 (2)  standards for evaluating:
1-24                       (A)  the success of a dual language immersion
1-25     program; and
 2-1                       (B)  the performance of schools that implement a
 2-2     dual language immersion program; and
 2-3                 (3)  standards for recognizing:
 2-4                       (A)  schools that offer an exceptional dual
 2-5     language immersion program; and
 2-6                       (B)  students who successfully complete a dual
 2-7     language immersion program.
 2-8           (c)  A school district may implement a dual language
 2-9     immersion program in a manner and at elementary grade levels
2-10     consistent with rules adopted by the commissioner under this
2-11     section.
2-12           SECTION 3.  Section 28.002, Education Code, is amended by
2-13     adding Subsection (l) to read as follows:
2-14           (l)  Section 2001.039, Government Code, as added by Chapter
2-15     1499, Acts of the 76th Legislature, Regular Session, 1999, does not
2-16     apply to a rule adopted by the State Board of Education under
2-17     Subsection (c) or (d).
2-18           SECTION 4.  The rules adopted by the commissioner of
2-19     education under Section 28.0051, Education Code, as added by this
2-20     Act, must first address the implementation of dual language
2-21     immersion programs in prekindergarten through second grade classes
2-22     before addressing dual language immersion programs in grade levels
2-23     three and above.
2-24           SECTION 5.  This Act applies beginning with the 2001-2002
2-25     school year.
2-26           SECTION 6.  This Act takes effect immediately if it receives
 3-1     a vote of two-thirds of all the members elected to each house, as
 3-2     provided by Section 39, Article III, Texas Constitution.  If this
 3-3     Act does not receive the vote necessary for immediate effect, this
 3-4     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 467 passed the Senate on
         March 8, 2001, by the following vote:  Yeas 30, Nays 0, one present
         not voting; and that the Senate concurred in House amendments on
         May 26, 2001, by the following vote:  Yeas 30, Nays 0, one present
         not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 467 passed the House, with
         amendments, on May 23, 2001, by the following vote:  Yeas 139,
         Nays 0, two present not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor