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