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A BILL TO BE ENTITLED
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AN ACT
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relating to data requirements and certain other requirements |
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concerning students of limited English proficiency in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.062, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (b-1), |
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and (b-2) to read as follows: |
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(a) The legislature recognizes that compliance with this |
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subchapter is an imperative public necessity. Therefore, in |
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accordance with the policy of the state, the agency shall evaluate |
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the effectiveness of programs under this subchapter based on the |
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following data, disaggregated by campus and school district or |
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open-enrollment charter school, which each district and |
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open-enrollment charter school shall collect and provide to the |
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agency: |
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(1) the student achievement indicators adopted under |
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Section 39.053, including the results of assessment instruments; |
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(2) the difference in grade-level retention rates |
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between students of limited English proficiency and students who |
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are not students of limited English proficiency; |
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(3) any significant difference in performance on |
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assessment instruments required under Sections 39.023(a), (c), and |
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(l), as applicable, between students of limited English proficiency |
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at the campus or in the district or open-enrollment charter school |
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being evaluated and the state average performance on those |
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assessment instruments of students who are not students of limited |
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English proficiency; and |
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(4) any significant difference in the dropout rate for |
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grade levels 9 through 12 between students of limited English |
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proficiency at the campus or in the district or open-enrollment |
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charter school being evaluated and the state average dropout rate |
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of students who are not students of limited English proficiency. |
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(a-1) Notwithstanding Subsection (a), for a school district |
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campus with fewer than 30 students enrolled in bilingual education |
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or English as a second language or other special language programs, |
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the agency shall evaluate information specified under Subsection |
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(a) only at the district level. |
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(a-2) The agency shall also use the data provided to the |
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agency under Subsection (a) to evaluate, in the manner provided by |
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Subsection (a), the effectiveness of programs under this subchapter |
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based on comparisons between: |
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(1) students who, while enrolled in public school in |
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this state, have ever been classified as students of limited |
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English proficiency; and |
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(2) students who have never been classified as |
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students of limited English proficiency. |
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(b-1) The agency may combine but may not replace evaluations |
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under this section with federal accountability measures concerning |
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students of limited English proficiency. |
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(b-2) Each person considered by the agency to be the lead |
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monitor evaluating the effectiveness of programs under this |
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subchapter must be appropriately certified by the State Board for |
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Educator Certification as provided for under Section 29.061 for |
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teaching English as a second language. An emergency endorsement |
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issued under Section 29.061(a) is not considered appropriate |
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certification for purposes of this subsection. |
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SECTION 2. Section 42.006, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The commissioner shall adopt rules to ensure that, |
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through the Public Education Information Management System, the |
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agency collects and maintains data regarding: |
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(1) whether a student is or while enrolled in public |
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school in this state has ever been classified as a student of |
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limited English proficiency; |
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(2) the school year in which a student described by |
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Subdivision (1) first entered ninth grade; and |
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(3) the status of a student described by Subdivision |
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(1) as: |
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(A) a continuing student; |
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(B) a high school graduate; |
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(C) a recipient of a high school equivalency |
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certificate; or |
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(D) a dropout. |
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SECTION 3. Section 29.062(b), Education Code, is repealed. |
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SECTION 4. This Act applies beginning with the 2014-2015 |
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school year. |
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SECTION 5. 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, 2013. |