|
|
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) 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. |
|
(c) 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. |
|
(d) 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 starting January 1, 2013. |
|
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. |
|
|
|
* * * * * |