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SECTION 1. Section 29.062,
Education Code, is amended to read as follows:
Sec. 29.062. COMPLIANCE.
(a) The legislature recognizes that compliance with this subchapter is an
imperative public necessity. Therefore, in accordance with the policy of
the state, the agency shall evaluate the effectiveness of programs under
this subchapter based on the following data, disaggregated by campus and
school district or open-enrollment charter school, which each district and
open-enrollment charter school shall collect and provide to the agency:
(1) the student
achievement indicators adopted under Section 39.053, including the results
of assessment instruments;
(2) the difference in
grade-level retention rates between students of limited English proficiency
and students who are not students of limited English proficiency;
(3) any significant
difference in performance on assessment instruments required under Sections
39.023(a), (c), and (l), as applicable, between students of limited English
proficiency at the campus or in the district or open-enrollment charter
school being evaluated and the state average performance on those
assessment instruments of students who are not students of limited English
proficiency; and
(4) any significant
difference in the dropout rate for grade levels 9 through 12 between
students of limited English proficiency at the campus or in the district or
open-enrollment charter school being evaluated and the state average
dropout rate of students who are not students of limited English
proficiency.
(b) Notwithstanding
Subsection (a), for a school district campus with fewer than 30 students
enrolled in bilingual education or English as a second language or other
special language programs, the agency shall evaluate information specified
under Subsection (a) only at the district level.
No
equivalent provision.
(b-1) The agency may
combine but may not replace evaluations under this section with
federal accountability measures concerning students of limited English
proficiency.
(b-2) Each person
considered by the agency to be the lead monitor evaluating the effectiveness
of programs under this subchapter must be appropriately certified by the
State Board for Educator Certification as provided for under Section 29.061
for teaching English as a second language. An emergency endorsement issued
under Section 29.061(a) is not considered appropriate certification for
purposes of this subsection.
[(b) The areas to be
monitored shall include:
[(1) program content and
design;
[(2) program coverage;
[(3) identification
procedures;
[(4) classification
procedures;
[(5) staffing;
[(6) learning materials;
[(7) testing materials;
[(8) reclassification of
students for either entry into regular classes conducted exclusively in
English or reentry into a bilingual education or special education program;
and
[(9) activities of the
language proficiency assessment committees.]
(c) If, as a result of an
evaluation under Subsection (a), the agency determines that a school
district, campus, or open-enrollment charter school program under this
chapter is ineffective, the agency shall intervene in the program [Not
later than the 30th day after the date of an on-site monitoring inspection,
the agency shall report its findings to the school district or
open-enrollment charter school and to the division of accreditation].
(d) The agency shall notify
a school district, any appropriate campus, or an
open-enrollment charter school [found in noncompliance] in writing of
an intervention under Subsection (c)[,] not later than the 30th
day after the first day [date] of the intervention [on-site
monitoring. The district or open-enrollment charter school shall take
immediate corrective action].
(d-1) The school
district, campus, or open-enrollment charter school with a program
determined under this section to be ineffective shall immediately review
the following to evaluate program effectiveness further:
(1) procedures for
identification of students of limited English proficiency;
(2) procedures for
placement of students in a program under this subchapter;
(3) student assessment procedures,
including assessment of:
(A) English language
proficiency; and
(B) academic achievement
in, as defined by commissioner rule, core content areas;
(4) provision of
instruction under the program, including assessment of the quality of
instruction and whether the program is being implemented as designed;
(5) credentials of
instructional staff, including:
(A) appropriate
certification of teachers providing English language development or content
area instruction to students of limited English proficiency; and
(B) the amount of
instruction provided by teachers who hold emergency endorsements or who are
teaching outside the teacher's area of specialization;
(6) professional
development provided to content area teachers serving students of limited English
proficiency;
(7) curricular materials
used in providing instruction;
(8) if applicable,
district-level program evaluation procedures, including procedures for:
(A) ongoing
district-level monitoring to identify program components needing improvement
and implementing identified improvements; and
(B) identifying and
closing any academic achievement gap between students of limited English
proficiency and students who are not students of limited English
proficiency;
(9) a rate of parental
denial of approval of a student's entry into or placement in a program
under this subchapter that is at least 150 percent greater than the state
average rate of parental denial;
(10) any variance of
greater than 20 percent between the percentage of students identified as
students of limited English proficiency and the percentage of students who
speak a language other than English at home, as determined by the home
language survey administered to all students new to a campus, district, or
open-enrollment charter school as provided by Section 29.056(a)(1); and
(11) reclassification of
students for either entry into regular classes conducted exclusively in
English or reentry into a bilingual education or special education program.
(d-2) On completion of
the review under Subsection (d-1), the campus, district, or open-enrollment
charter school shall designate annual program improvement goals that:
(1) are designed to
improve academic achievement in the core content areas by students of
limited English proficiency; and
(2) are based on the
extent of any academic achievement gap identified under Subsection
(d-1)(8)(B), with incremental improvement goals established according to
the size of the achievement gap.
(d-3) The agency shall
review annual improvement in a program under this subchapter as measured by
the goals designated under Subsection (d-2). The agency shall take
appropriate corrective action for a campus, school district, or
open-enrollment charter school program that fails to meet one or more
annual improvement goals for two or more consecutive school years.
(e) If a campus,
school district, or open-enrollment charter school program under
this subchapter fails to satisfy appropriate standards adopted by the
commissioner for purposes of Subsection (d-3) [(a)], the
agency shall apply sanctions, which may include the removal of
accreditation, loss of foundation school funds, or both.
(f) The commissioner
shall adopt rules consistent with this section as necessary to administer
this section.
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SECTION 1. Section 29.062,
Education Code, is amended by amending Subsection (a) and adding
Subsections (a-1), (a-2), (b-1), and (b-2) to read as follows:
(a) The legislature
recognizes that compliance with this subchapter is an imperative public
necessity. Therefore, in accordance with the policy of the state, the
agency shall evaluate the effectiveness of programs under this subchapter
based on the following data, disaggregated by campus and school district
or open-enrollment charter school, which each district and open-enrollment
charter school shall collect and provide to the agency:
(1) the student
achievement indicators adopted under Section 39.053, including the results
of assessment instruments;
(2) the difference in
grade-level retention rates between students of limited English proficiency
and students who are not students of limited English proficiency;
(3) any significant
difference in performance on assessment instruments required under Sections
39.023(a), (c), and (l), as applicable, between students of limited English
proficiency at the campus or in the district or open-enrollment charter
school being evaluated and the state average performance on those
assessment instruments of students who are not students of limited English
proficiency; and
(4) any significant
difference in the dropout rate for grade levels 9 through 12 between
students of limited English proficiency at the campus or in the district or
open-enrollment charter school being evaluated and the state average
dropout rate of students who are not students of limited English
proficiency.
(a-1) Notwithstanding
Subsection (a), for a school district campus with fewer than 30 students
enrolled in bilingual education or English as a second language or other
special language programs, the agency shall evaluate information specified
under Subsection (a) only at the district level.
(a-2) The agency shall
also use the data provided to the agency under Subsection (a) to evaluate,
in the manner provided by Subsection (a), the effectiveness of programs
under this subchapter based on comparisons between:
(1) students who, while
enrolled in public school in this state, have ever been classified as
students of limited English proficiency; and
(2) students who have
never been classified as students of limited English proficiency.
(b-1) The agency may
combine but may not replace evaluations under this section with
federal accountability measures concerning students of limited English
proficiency.
(b-2) Each person
considered by the agency to be the lead monitor evaluating the
effectiveness of programs under this subchapter must be appropriately
certified by the State Board for Educator Certification as provided for
under Section 29.061 for teaching English as a second language. An
emergency endorsement issued under Section 29.061(a) is not considered
appropriate certification for purposes of this subsection.
See SECTION 3 below for
the repeal of . Sec. 29.062(b), Education Code.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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