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Amend CSHB 1 (Senate committee report) as follows:
(1) In ARTICLE 3 of the bill (page 21, between lines 12 and
13), add the following appropriately numbered sections and renumber
subsequent sections accordingly:
SECTION 3.__. 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) agency-approved 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) satisfactory performance on the reading
assessment instrument under Section 39.023(a) or an English
language arts assessment instrument under Section 39.023(c), as
applicable, with the assessment instrument administered in
English, or, if the student is enrolled in the first or second
grade, 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) agency-approved [other indications of a student's
overall progress, including] criterion-referenced tests and the
results of a [test scores,] subjective teacher evaluation[, and
parental evaluation].
SECTION 3.__. Subchapter B, Chapter 29, Education Code, is
amended by adding Section 29.0561 to read as follows:
Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS;
REENROLLMENT. (a) The language proficiency assessment committee
shall reevaluate a student who is transferred out of a bilingual
education or special language program under Section 29.056(g) if
the student earns a failing grade in a subject in the foundation
curriculum under Section 28.002(a)(1) during any grading period in
the first two school years after the student is transferred to
determine whether the student should be reenrolled in a bilingual
education or special language program.
(b) 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 language proficiency
assessment committee shall review the student's performance and
consider:
(1) the total amount of time the student was 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 administered under Section 39.023(a) or (c);
(4) the number of credits the student has earned
toward high school graduation, if applicable; and
(5) any disciplinary actions taken against the student
under Subchapter A, Chapter 37.
(c) After an evaluation under this section, the language
proficiency assessment committee may require intensive instruction
for the student or reenroll the student in a bilingual education or
special language program.
(2) In SECTION 3.07 of the bill, in added Section 39.034,
Education Code (page 21, between lines 32 and 33), insert a new
Subsection (b) to read as follows and reletter subsequent
subsections accordingly:
(b) For students of limited English proficiency, as defined
by Section 29.052, the agency shall use a student's performance
data on reading proficiency assessment instruments in English and
one other language to calculate the student's progress toward dual
language proficiency.
(3) In SECTION 3.07 of the bill, in added Section 39.034(e),
Education Code (page 21, line 55), strike "(d)" and substitute
"(e)".
(4) In SECTION 3.08 of the bill, in amended Section
39.051(b)(12), Education Code (page 22, line 51), strike "and".
(5) In SECTION 3.08 of the bill, in amended Section
39.051(b), Education Code, (page 22, line 53), between "success"
and the period, insert the following:
; and
(14) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052
(6) In SECTION 3.21(a) of the bill (page 32, line 16),
between "concerning" and "the" insert the following:
:
(1)
(7) In SECTION 3.21(a) of the bill (page 32, line 19),
between "Act" and the period insert the following:
; and
(2) the measure of progress toward dual language
proficiency for purposes of Section 39.051(b)(14), Education Code,
as added by this Act
(8) In SECTION 3.21(b) of the bill (page 32, line 23),
strike "Code," and substitute the following:
Code:
(1)
(9) In SECTION 3.21(b) of the bill (page 32, line 25),
between "Act" and the period insert the following:
; and
(2) the measure of progress toward dual language
proficiency under Section 39.051(b)(14), Education Code, as added
by this Act
(10) In SECTION 3.21 of the bill (page 32, between lines 25
and 26), insert the following:
(c) The Texas Education Agency may implement Subsection
(b)(2) of this section only if, during the most recent school year,
school districts are entitled to an allotment for each student in
average daily attendance in a bilingual education or special
language program under Subchapter B, Chapter 29, Education Code,
that exceeds the amount of that allotment for the 2005-2006 school
year.
(11) In ARTICLE 3 of the bill (page 32, between lines 57 and
58) insert the following:
SECTION 3.22. Nothing in this Act shall be construed to
require development of additional state assessments, nor to require
a student in a dual language program to be assessed in more than one
language on any individual assessment. The commissioner of
education may adopt rules, consistent with Subchapter B, Chapter
29, Education Code, for determining the appropriate assessment of
dual language students.
ZAFFIRINI
VAN DE PUTTE