Amend CSSB 1952 in PART 9 of the bill, immediately preceding
PART 10 (House Committee Report, page 229, between lines 26 and 27),
by inserting the following appropriately numbered new ARTICLE:
ARTICLE _____. COMPLIANCE OF PUBLIC SCHOOL BILINGUAL EDUCATION AND
SPECIAL LANGUAGE PROGRAMS
SECTION _____. (a) Section 29.062, Education Code, is
amended by amending Subsections (a) and (b) 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 [three] years. The agency may combine the
inspection of a district under this section with the inspection of
the district's special education program under Section 29.010.
(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.
(b) Subsection (a) of this section applies beginning with
the 2004-2005 school year.