83R3718 JSL-D
 
  By: Murphy H.B. No. 1219
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to removal of the parental approval requirement for a
  student's participation in a bilingual education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.056(a), Education Code, is amended to
  read as follows:
         (a)  The agency shall establish standardized criteria for
  the identification, assessment, and classification of students of
  limited English proficiency eligible for entry into the program or
  exit from the program. [The student's parent must approve a
  student's entry into the program, exit from the program, or
  placement in the program.] The school district or the student's
  parent may appeal the decision under Section 29.064. The criteria
  for identification, assessment, and classification may include:
               (1)  results of a home language survey conducted within
  four weeks of each student's enrollment to determine the language
  normally used in the home and the language normally used by the
  student, conducted in English and the home language, signed by the
  student's parents if the student is in kindergarten through grade 8
  or by the student if the student is in grades 9 through 12, and kept
  in the student's permanent folder by the language proficiency
  assessment committee;
               (2)  the results of an agency-approved English language
  proficiency test administered to all students identified through
  the home survey as normally speaking a language other than English
  to determine the level of English language proficiency, with
  students in kindergarten or grade 1 being administered an oral
  English proficiency test and students in grades 2 through 12 being
  administered an oral and written English proficiency test; and
               (3)  the results of an agency-approved proficiency test
  in the primary language administered to all students identified
  under Subdivision (2) as being of limited English proficiency to
  determine the level of primary language proficiency, with students
  in kindergarten or grade 1 being administered an oral primary
  language proficiency test and students in grades 2 through 12 being
  administered an oral and written primary language proficiency test.
         SECTION 2.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 3.  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, 2013.