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A BILL TO BE ENTITLED
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AN ACT
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relating to a postponement for certain recent immigrants of |
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requirements for enrolling in public school courses for which |
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end-of-course assessment instruments are administered. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 28, Education Code, is |
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amended by adding Section 28.028 to read as follows: |
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Sec. 28.028. POSTPONEMENT OF SECONDARY-LEVEL COURSES FOR |
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RECENT IMMIGRANT STUDENTS OF LIMITED ENGLISH PROFICIENCY. (a) In |
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this section, "recent immigrant" means a student who: |
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(1) has resided in the United States less than two |
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years; and |
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(2) has been enrolled in a school in the United States |
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less than two school years. |
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(b) This section applies only to a recent immigrant who is a |
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student of limited English proficiency, as defined by Section |
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29.052, and has not demonstrated proficiency in English as |
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determined under the assessment system under Section 39.027(e). |
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(c) For purposes of Subsection (a)(2) and to the extent |
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authorized by federal law, a student's previous enrollment in a |
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school in the United States shall be determined on the basis of |
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documents and records required under Section 25.002(a). |
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(d) Notwithstanding the accommodated or alternative |
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assessment instrument administration or the exemption from or |
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postponement of assessment instrument administration authorized by |
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Section 39.027, a recent immigrant shall be granted a postponement |
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of enrollment in a course for which an end-of-course assessment |
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instrument is required under Section 39.023(c) for a period of up to |
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two school years if the language proficiency assessment committee |
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under Section 29.063 determines postponement best serves the needs |
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of the student. |
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(e) For purposes of Subsection (d), a student who enrolls in |
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a school after the first day of a school year must be enrolled in |
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the school for at least 90 instructional days before the period is |
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considered one school year. |
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SECTION 2. Section 29.063(c), Education Code, is amended to |
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read as follows: |
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(c) The language proficiency assessment committee shall: |
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(1) review all pertinent information on limited |
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English proficiency students, including the home language survey, |
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the language proficiency tests in English and the primary language, |
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each student's achievement in content areas, and each student's |
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emotional and social attainment; |
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(2) make recommendations concerning the most |
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appropriate placement for the educational advancement of the |
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limited English proficiency student after the elementary grades; |
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(3) make recommendations for limited English |
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proficiency students as provided by Section 28.028 concerning the |
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postponement of enrollment in a course for which an end-of-course |
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assessment instrument is required under Section 39.023(c); |
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(4) review each limited English proficiency student's |
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progress at the end of the school year in order to determine future |
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appropriate placement; |
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(5) [(4)] monitor the progress of students formerly |
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classified as limited English proficiency who have transferred out |
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of the bilingual education or special language program and, based |
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on the information, designate the most appropriate placement for |
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such students; and |
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(6) [(5)] determine the appropriateness of a program |
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that extends beyond the regular school year based on the needs of |
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each limited English proficiency student. |
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SECTION 3. 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. |