78S10205 KKA-D
By: Zaffirini S.B. No. 36
A BILL TO BE ENTITLED
AN ACT
relating to monitoring compliance of public school bilingual
education and special language programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.027(a), Education Code, as added by
H.B. No. 3459, Acts of the 78th Legislature, Regular Session, 2003,
is amended to read as follows:
(a) Except as provided by Section 29.001(5), 29.010(a),
29.062, 39.074, or 39.075, the agency may monitor compliance with
requirements applicable to a process or program provided by a
school district, campus, program, or school granted charters under
Chapter 12, including the process described by Subchapter F,
Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the
use of funds provided for such a program under Subchapter C, Chapter
42, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39.
SECTION 2. Section 29.062, Education Code, as amended by
H.B. No. 3459, Acts of the 78th Legislature, Regular Session, 2003,
is amended by amending Subsections (a), (b), and (e) and adding
Subsections (a-1) and (b-1) to read as follows:
(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 monitor
compliance with all applicable state laws and rules by inspecting
each school district and open-enrollment charter school on-site at
least every five years [evaluate the effectiveness of programs
under this subchapter based on the academic excellence indicators
adopted under Section 39.051(a), including the results of
assessment instruments]. The agency may combine the inspection of
a district [evaluations] under this section with the inspection of
the district's special education program under Section 29.010
[federal accountability measures concerning students of limited
English proficiency].
(a-1) An on-site monitoring inspection under this section
must include:
(1) review of each bilingual education and special
language program performance indicator adopted by the agency;
(2) consideration of campus-based quality points or
similar measures of program achievement; and
(3) a parent roundtable discussion or similar process
to involve the parents of students enrolled in a program.
(b) The areas to be monitored in an on-site inspection must
[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; and
(10) program evaluation methods.
(b-1) The commissioner shall electronically conduct a
risk-based analysis of school district and open-enrollment charter
school compliance with all applicable state laws and rules relating
to bilingual education and special language programs. The
commissioner shall also develop a system and standards for review
of the analysis or use systems already available at the agency. The
analysis must be designed to identify districts and schools that
are at high risk of noncompliance and, as a result, require on-site
monitoring of bilingual education or special language programs. If
the risk-based analysis indicates that a district or school is at
high risk of noncompliance, the district or school is entitled to an
opportunity to respond to the commissioner's determination before
on-site monitoring may be conducted. The district or school must
respond not later than the 30th day after the date the commissioner
notifies the district or school of the commissioner's
determination. If the district's or school's response does not
change the commissioner's determination that the district or school
is at high risk of noncompliance or if the district or school does
not respond in a timely manner, the commissioner shall order agency
staff to conduct on-site monitoring of the district or school. The
commissioner is not required to include in the analysis under this
subsection an analysis of each area described by Subsection (b). In
determining whether a district or school is at high risk of
noncompliance, the commissioner shall consider:
(1) excessive parental complaints of noncompliance;
and
(2) frequent district or school requests for waivers
of program requirements.
(e) If a school district or open-enrollment charter school
fails or refuses to comply after proper notification [satisfy
appropriate standards adopted by the commissioner for purposes of
Subsection (a)], the agency shall apply sanctions, which may
include the removal of accreditation, loss of foundation school
funds, or both.
SECTION 3. This Act applies beginning with the 2003-2004
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 on the 91st day after the last day of the
legislative session.