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Amend CSHB 2238 by adding the following appropriately
numbered SECTIONS and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ____. Subchapter B, Chapter 29, Education Code, is
amended by adding Section 29.066 to read as follows:
Sec. 29.066. PEIMS REPORTING REQUIREMENTS. (a) A school
district that is required to offer bilingual education or special
language programs shall include the following information in the
district's Public Education Information Management System (PEIMS)
report:
(1) demographic information, as determined by the
commissioner, on students enrolled in district bilingual education
or special language programs;
(2) the number and percentage of students enrolled in
each instructional model of a bilingual education or special
language program offered by the district; and
(3) the number and percentage of students identified
as students of limited English proficiency who do not receive
specialized instruction.
(b) For purposes of this section, the commissioner shall
adopt rules to classify programs under this section as follows:
(1) if the program is a bilingual education program,
the program must be classified under the Public Education
Information Management System (PEIMS) report as:
(A) transitional bilingual/early exit: a
bilingual program that serves students identified as students of
limited English proficiency in both English and Spanish and
transfers a student to English-only instruction not earlier than
two or later than five years after the student enrolls in school;
(B) transitional bilingual/late exit: a
bilingual program that serves students identified as students of
limited English proficiency in both English and Spanish and
transfers a student to English-only instruction not earlier than
six or later than seven years after the student enrolls in school;
(C) dual language immersion/two-way: a
biliteracy program that integrates students proficient in English
and students identified as students of limited English proficiency
in both English and Spanish and transfers a student identified as a
student of limited English proficiency to English-only instruction
not earlier than six or later than seven years after the student
enrolls in school; or
(D) dual language immersion/one-way: a
biliteracy program that serves only students identified as students
of limited English proficiency in both English and Spanish and
transfers a student to English-only instruction not earlier than
six or later than seven years after the student enrolls in school;
and
(2) if the program is a special language program, the
program must be classified under the Public Education Information
Management System (PEIMS) report as:
(A) English as a second language/content-based:
an English program that serves students identified as students of
limited English proficiency in English only by providing a
full-time teacher certified under Section 29.061(c) to provide
supplementary instruction for all content area instruction; or
(B) English as a second language/pull-out: an
English program that serves students identified as students of
limited English proficiency in English only by providing a
part-time teacher certified under Section 29.061(c) to provide
English language arts instruction exclusively, while the student
remains in a mainstream instructional arrangement in the remaining
content areas.
(c) If the school district has received a waiver and is not
required to offer a bilingual education or special language program
in a student's native language or if the student's parents have
refused to approve the student's entry into a program as provided by
Section 29.056, the program must be classified under the Public
Education Information Management System (PEIMS) report as: no
bilingual education or special language services provided.
SECTION ____. Section 39.027(e), Education Code, is amended
to read as follows:
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(3) or (4) who achieves reading proficiency in
English as determined by the assessment system developed under this
subsection shall be administered the assessment instruments
described by Sections 39.023(a) and (c). The performance under the
assessment system developed under this subsection of students to
whom Subsection (a)(3) or (4) applies shall be included in the
academic excellence indicator system under Section 39.051, the
performance report under Section 39.053, and the comprehensive
annual report under Section 39.182. This information shall be
provided in a manner that is disaggregated by the bilingual
education or special language program, if any, in which the student
is enrolled.
SECTION ____. Section 39.051, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Performance on the indicators described by
Subsections (b)(1), (2), (3), (8), (9), and (14) must be based on
longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which students of
limited English proficiency, as defined by Section 29.052, are or
former students of limited English proficiency were enrolled. If a
student described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
SECTION ____. Section 39.182, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing:
(1) an evaluation of the achievements of the state
educational program in relation to the statutory goals for the
public education system under Section 4.002;
(2) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) a summary compilation of overall student
performance on academic skills assessment instruments required by
Section 39.023 with the number and percentage of students exempted
from the administration of those instruments and the basis of the
exemptions, aggregated by grade level, subject area, campus, and
district, with appropriate interpretations and analysis, and
disaggregated by race, ethnicity, gender, and socioeconomic
status;
(4) a summary compilation of overall performance of
students placed in a disciplinary alternative education program
established under Section 37.008 on academic skills assessment
instruments required by Section 39.023 with the number of those
students exempted from the administration of those instruments and
the basis of the exemptions, aggregated by district, grade level,
and subject area, with appropriate interpretations and analysis,
and disaggregated by race, ethnicity, gender, and socioeconomic
status;
(5) a summary compilation of overall performance of
students at risk of dropping out of school, as defined by Section
29.081(d), on academic skills assessment instruments required by
Section 39.023 with the number of those students exempted from the
administration of those instruments and the basis of the
exemptions, aggregated by district, grade level, and subject area,
with appropriate interpretations and analysis, and disaggregated
by race, ethnicity, gender, and socioeconomic status;
(6) an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39.023;
(7) a statement of the dropout rate of students in
grade levels 7 through 12, expressed in the aggregate and by grade
level, and a statement of the completion rates of students for grade
levels 9 through 12;
(8) a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or (D);
(9) a statement of the projected cross-sectional and
longitudinal dropout rates for grade levels 9 through 12 for the
next five years, assuming no state action is taken to reduce the
dropout rate;
(10) a description of a systematic, measurable plan
for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(11) a summary of the information required by Section
29.083 regarding grade level retention of students and information
concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a);
(12) information, aggregated by district type and
disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
(A) the number of students placed in a
disciplinary alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary alternative education program established under
Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary alternative education program established
under Section 37.008;
(13) a list of each school district or campus that does
not satisfy performance standards, with an explanation of the
actions taken by the commissioner to improve student performance in
the district or campus and an evaluation of the results of those
actions;
(14) an evaluation of the status of the curriculum
taught in public schools, with recommendations for legislative
changes necessary to improve or modify the curriculum required by
Section 28.002;
(15) a description of all funds received by and each
activity and expenditure of the agency;
(16) a summary and analysis of the instructional
expenditures ratios and instructional employees ratios of school
districts computed under Section 44.0071;
(17) a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(18) a statement of the total number and length of
reports that school districts and school district employees must
submit to the agency, identifying which reports are required by
federal statute or rule, state statute, or agency rule, and a
summary of the agency's efforts to reduce overall reporting
requirements;
(19) a list of each school district that is not in
compliance with state special education requirements, including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions;
(20) a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts;
(21) a summary of the information required by Section
38.0141 regarding student health and physical activity from each
school district;
(22) a summary compilation of overall student
performance under the assessment system developed to evaluate the
longitudinal academic progress as required by Section 39.027(e),
disaggregated by bilingual education or special language program
instructional model, if any; and
(23) [(22)] any additional information considered
important by the commissioner or the State Board of Education.
(b) In reporting the information required by Subsection
(a)(3) or (4), the agency may separately aggregate the performance
data of students enrolled in a special education program under
Subchapter A, Chapter 29[, or a bilingual education or special
language program under Subchapter B, Chapter 29].
(b-1) In reporting the information required by Subsections
(a)(3), (5), and (7), the agency shall separately aggregate the
longitudinal performance data of all students identified as
students of limited English proficiency, as defined by Section
29.052, or former students of limited English proficiency,
disaggregated by bilingual education or special language program
instructional model, if any, in which the students are or were
enrolled.
SECTION ____. Section 42.006(c), Education Code, is amended
to read as follows:
(c) Annually, the commissioner shall review the Public
Education Information Management System and shall repeal or amend
rules that require school districts to provide information through
the Public Education Information Management System that is not
necessary. In reviewing and revising the Public Education
Information Management System, the commissioner shall develop
rules to ensure that the system:
(1) provides useful, accurate, and timely information
on student demographics and academic performance, personnel, and
school district finances;
(2) contains only the data necessary for the
legislature and the agency to perform their legally authorized
functions in overseeing the public education system; and
(3) does not contain any information related to
instructional methods, except as provided by Section 29.066 or
required by federal law.
SECTION ____. Section 29.066, Education Code, as added by
this Act, and Sections 39.027, 39.051, 39.182, and 42.006,
Education Code, as amended by this Act, apply beginning with the
2008-2009 school year.