81R10870 CAE-F
 
  By: Shapiro S.B. No. 1459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to education initiatives for students of limited English
  proficiency and students at risk of dropping out of school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 29, Education Code, is
  amended by adding Sections 29.067, 29.068, and 29.0681 to read as
  follows:
         Sec. 29.067.  BILINGUAL BEST PRACTICES GRANT PROGRAM. (a)  
  The commissioner shall establish a grant program to facilitate
  identification of successful language acquisition programs in this
  state for students of limited English proficiency and a
  determination of the best practices used by those programs.
         (b)  The education research centers established under
  Section 1.005 shall identify successful language acquisition
  programs operated by school districts in this state, based on
  consideration of:
               (1)  the amount of time it takes a student to become
  proficient in English;
               (2)  the continued academic progress of a student after
  exiting a program; and
               (3)  any other factor determined to be relevant by the
  centers.
         (c)  After successful programs are identified under
  Subsection (b), the commissioner shall provide grants to pay the
  costs of determining the best practices of those programs.  The
  education research centers must identify best practices in at least
  the following areas:
               (1)  initial teacher training and ongoing professional
  development;
               (2)  teaching strategies; and
               (3)  collaboration with institutions of higher
  education.
         (d)  The education research centers shall also identify each
  best practice considered likely to be:
               (1)  appropriate for implementation in another school
  district, including identification of the type of district in which
  implementation would be appropriate; or
               (2)  effective in also addressing the special needs of
  students at risk of dropping out of school, as described by Section
  29.081(d).
         (e)  The education research centers shall focus research
  time and effort under this section as follows:
               (1)  75 percent at middle and high schools; and
               (2)  25 percent at elementary schools.
         (f)  Programs and strategies identified by the education
  research centers as best practices must be submitted to the best
  practices clearinghouse as provided by Section 7.009.
         (g)  Not later than January 1, 2011, the education research
  centers shall prepare and deliver to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  presiding officers of the standing committees of each house of the
  legislature with primary jurisdiction over public education a
  report addressing the results of the centers' research under this
  section.  This subsection expires September 1, 2011.
         Sec. 29.068.  OPTIONAL INTENSIVE ENGLISH PROGRAM. (a) A
  district may offer an intensive English program as provided by this
  section for students of limited English proficiency enrolled at or
  above grade level six or promoted to grade level six.
         (b)  A student described by Subsection (a) is eligible to
  enroll in the program if the student:
               (1)  has not met the requirements for transferring out
  of a bilingual or English as a second language program; and
               (2)  has a score or relative degree of achievement on
  the agency-approved English proficiency test that is below the
  level specified by the commissioner for purposes of this
  subdivision.
         (c)  A district may not require a student to enroll in a
  program under this section.
         (d)  A district that offers a program under this section must
  offer the program to all students eligible under Subsection (b).
  Subject to the availability of local funds or a determination by the
  commissioner that sufficient state funds are available, a district
  may extend eligibility for the program to students who do not
  satisfy the requirements of Subsection (b)(2) but are otherwise
  eligible under Subsection (b).
         (e)  Notwithstanding Section 25.081 or 25.082, a program
  under this section may be offered for additional school days beyond
  the district's regular school year or as an extension of a regular
  school day. Section 25.0811 does not apply to a program under this
  section.
         (f)  Sections 25.085, 25.086, 25.093, and 25.094 apply to a
  student enrolled in a program under this section and the student's
  parent, as applicable, during the period that the program is
  offered.
         (g)  A program under this section must:
               (1)  focus on targeted and systematic second language
  acquisition instruction to provide students of limited English
  proficiency with the foundations of the English language for
  purposes of listening, speaking, reading, and writing in English;
               (2)  report the progress of students enrolled in the
  program in achieving English language proficiency, as required by
  the commissioner;
               (3)  be taught by an educator with an English as a
  second language certificate or a bilingual certificate issued under
  Subchapter B, Chapter 21; and
               (4)  have a student-to-teacher ratio that does not
  exceed 18 to one.
         (h)  A district is entitled to additional funding for
  attendance by eligible students in a program under this section, as
  provided by Section 42.005(h).
         (i)  A district may not offer a program under this section as
  a substitute for any other program required to be provided to
  students of limited English proficiency, including a
  prekindergarten program required by Section 29.153.
         (j)  This section does not limit the ability of a district to
  provide any additional services to students of limited English
  proficiency.
         (k)  In operating a program under this section, a district
  may serve students currently enrolled in a disciplinary alternative
  education program under Chapter 37 in the same classroom as other
  students.
         (l)  The commissioner shall adopt rules to implement this
  section, including rules relating to instructional requirements.
  Notwithstanding any other provision of this section, the
  commissioner may by rule modify the grade levels at which a program
  is offered or the English language proficiency levels specified for
  purposes of student program eligibility as necessary to limit
  program costs to the amount of available funding.
         (m)  The commissioner may establish an application process
  for a district seeking to offer a program under this section.
         (n)  The commissioner may require a district to offer a
  program under this section based on an evaluation of the
  effectiveness of the district's existing programs for students of
  limited English proficiency.
         Sec. 29.0681.  STUDY. (a) The commissioner shall conduct a
  study of:
               (1)  the effectiveness of optional intensive English
  programs under Section 29.068; and
               (2)  best practices of public schools in assisting
  students of limited English proficiency enrolled at or above grade
  level six, including recent immigrants.
         (b)  Not later than December 1, 2010, the commissioner shall
  prepare and deliver to the governor, the lieutenant governor, the
  speaker of the house of representatives, and the presiding officers
  of the standing committees of each house of the legislature with
  primary jurisdiction over public education a report regarding the
  study conducted under this section. The report must include any
  recommendations for changes in programs serving students of limited
  English proficiency enrolled at or above grade level six.
         (c)  On the request of the commissioner, an education
  research center established under Section 1.005 shall assist the
  commissioner in conducting the study.
         (d)  This section expires September 1, 2011.
         SECTION 2.  Subchapter C, Chapter 29, Education Code, is
  amended by adding Section 29.101 to read as follows:
         Sec. 29.101.  DROPOUT INTERVENTION PILOT PROGRAM.  (a)  The
  commissioner by rule shall establish a pilot program under which a
  participating school district intervenes with students at risk of
  dropping out of school, as described by Section 29.081(d), by using
  methods focused on improving education attainment by those
  students.
         (b)  A school district may apply to the commissioner to
  participate in the pilot program. Subject to receipt of acceptable
  applications, the commissioner shall select for participation in
  the pilot program urban and rural school districts with a large
  number of at-risk students, including:
               (1)  educationally disadvantaged students; and
               (2)  students of limited English proficiency, as
  defined by Section 29.052.
         (c)  The pilot program shall focus on students in primary and
  secondary grade levels, with emphasis on:
               (1)  students entering middle school; and
               (2)  students entering ninth grade.
         (d)  A school district participating in the pilot program
  shall implement intervention models that include best practices
  recommended by the Institute of Education Sciences practice guide,
  including models that use dropout monitors and improve academic
  outcomes through reading interventions. Programs and models may be
  based on successful programs and models implemented in other
  states.
         (e)  Not later than January 1 of each odd-numbered year, the
  education research centers established under Section 1.005 shall
  prepare and deliver to the governor, the lieutenant governor, the
  speaker of the house of representatives, and the presiding officers
  of the standing committees of each house of the legislature with
  primary jurisdiction over public education a report detailing the
  success of the pilot program.
         SECTION 3.  Section 42.005, Education Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  Using funds available for that purpose, the
  commissioner shall increase the average daily attendance of a
  district providing an optional intensive English program under
  Section 29.068. An eligible student may accumulate attendance for
  purposes of this section in the same manner as under Section
  29.0822(d), but may not be counted as more than one full-day
  equivalent student on any calendar day. The commissioner shall by
  rule limit additional funding for a student under this subsection
  to no more than 20 days of attendance during a school year or the
  equivalent.
         SECTION 4.  This Act applies beginning with the 2009-2010
  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 September 1, 2009.