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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for monitoring compliance of public school |
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bilingual education and special language programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.062, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1), |
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(b-2), and (b-3) to read as follows: |
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(a) The legislature recognizes that compliance with this |
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subchapter is an imperative public necessity. Therefore, in |
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accordance with the policy of the state, the agency shall evaluate |
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the effectiveness of programs under this subchapter based on |
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performance on the applicable academic excellence indicators |
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adopted under Section 39.051(a), including the results of |
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assessment instruments, the results of the risk analysis described |
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by Subsection (b-1), and the results of an inspection under this |
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subsection or Subsection (b-2). The agency shall monitor |
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compliance with all applicable state laws and rules relating to |
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programs under this subchapter by conducting an on-site monitoring |
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inspection of each school district and open-enrollment charter |
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school at least once every five years. The agency may combine |
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inspections [evaluations] under this section with an inspection of |
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a district's special education program under Section 29.010 and an |
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evaluation of federal accountability measures concerning students |
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of limited English proficiency. The agency shall produce a report |
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of its findings relating to any inspection and risk analysis |
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conducted under this section. |
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(b) The areas to be monitored shall include: |
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(1) program content and design; |
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(2) program coverage; |
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(3) identification procedures; |
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(4) classification procedures; |
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(5) staffing; |
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(6) learning materials; |
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(7) testing materials; |
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(8) reclassification of students for either entry into |
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regular classes conducted exclusively in English or reentry into a |
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bilingual education or special education program; [and] |
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(9) activities of the language proficiency assessment |
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committees; and |
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(10) program evaluation methods. |
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(b-1) The commissioner shall conduct an electronic annual |
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risk analysis of school district and open-enrollment charter school |
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compliance with all state laws and rules applicable to programs |
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under this subchapter. The agency shall develop a system, |
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including standards of review, for the analysis or may use a system |
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currently available to the agency. The system must enable the |
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commissioner to analyze performance on the academic indicators |
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adopted under Section 39.051(a), applicablity of indicators |
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described by this subsection, and the results of monitoring areas |
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described by Subsection (b). The commissioner shall conduct the |
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risk analysis at the district and campus level to identify any |
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district or campus that is at high risk for failing compliance and |
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that requires an on-site monitoring inspection of bilingual |
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education or special language programs. In determining whether a |
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district or campus is at high risk for failing compliance, the |
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commissioner shall consider: |
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(1) excessive parental complaints of noncompliance or |
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parental complaints that are substantial in nature; |
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(2) frequent district or campus requests for a waiver |
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exemption, or exception from program requirements; |
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(3) parental appeals at a rate greater than twice the |
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state average of the placement of a student in a program; and |
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(4) a variance of greater than 20 percent between the |
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percentage of students of limited English proficiency identified by |
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the district and the percentage of persons who speak a language |
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other than English at home according to the statistics of the most |
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recent federal decennial census in the county in which a majority of |
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the district's students reside. |
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(b-2) If a risk analysis under Subsection (b-1) indicates |
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that a district or campus is at high risk for failing compliance, |
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the district or campus is entitled to an opportunity to respond to |
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the commissioner's determination before an on-site monitoring |
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inspection is initiated. A response of the district or campus must |
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be submitted to the commissioner not later than the 30th day after |
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the date the commissioner notifies the district or campus of the |
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commissioner's determination. If the response of the district or |
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campus does not affect the commissioner's determination or if the |
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district or campus does not respond within the period prescribed by |
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this subsection, the commissioner shall order agency staff to |
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conduct an on-site monitoring inspection of the district or campus. |
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(b-3) In addition to evaluating the areas under Subsection |
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(b) and considering factors specified by Subsection (b-1), an |
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on-site monitoring inspection process conducted under Subsection |
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(a) or (b-2) must include: |
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(1) reviewing each bilingual education and special |
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language program performance indicator adopted by the agency as |
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required by law; |
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(2) evaluating campus-based measures of program |
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achievement; and |
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(3) conducting a parent roundtable discussion or |
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similar process to involve parents of students enrolled in a |
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program. |
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SECTION 2. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |