79S10060 SLO-D

By:  Luna                                                         H.B. No. 32 



A BILL TO BE ENTITLED

AN ACT

relating to the reenrollment of a student in a bilingual education 
or special language program in a public school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 29.056(g), Education Code, is amended to 
read as follows:
	(g)  A district may transfer a student of limited English 
proficiency out of a bilingual education or special language 
program for the first time or a subsequent time if the student is 
able to participate equally in a regular all-English instructional 
program as determined by:
		(1)  tests administered at the end of each school year 
to determine the extent to which the student has developed oral and 
written language proficiency and specific language skills in both 
the student's primary language and English;
		(2)  an achievement score at or above the 40th 
percentile in the reading and language arts sections of an English 
standardized test approved by the agency; and
		(3)  other indications of a student's overall progress, 
including criterion-referenced test scores, subjective teacher 
evaluation, and parental evaluation.
	SECTION 2.  Subchapter B, Chapter 29, Education Code, is 
amended by adding Section 29.0561 to read as follows:
	Sec. 29.0561.  CONSIDERATION; REENROLLMENT.  (a)  For the 
first two school years after a student is transferred out of a 
bilingual education or special language program under Section 
29.056(g), the language proficiency assessment committee shall 
consider:
		(1)  the total amount of time the student has been 
enrolled in a bilingual education or special language program;
		(2)  the student's grades each grading period in each 
subject in the foundation curriculum under Section 28.002(a)(1);
		(3)  the student's performance on each assessment 
instrument required under Section 39.023(a) or (c);
		(4)  the number of credits toward high school 
graduation the student has earned, as applicable; and
		(5)  any disciplinary actions taken against the student 
under Subchapter A, Chapter 37.
	(b)  If, during any grading period during the first two 
school years after a student is transferred out of a bilingual 
education or special language program under Section 29.056(g), the 
student earns a failing grade in a subject in the foundation 
curriculum under Section 28.002(a)(1), the language proficiency 
assessment committee shall reevaluate the student to determine if 
the student should reenroll in the bilingual education or special 
language program. Based on the reevaluation, the committee may 
arrange for intensive instruction for the student or may reenroll 
the student in the program.
	SECTION 3.  Section 29.056(h), Education Code, is repealed.                    
	SECTION 4.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 5.  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.