85R3049 GCB-F     By: Zaffirini S.B. No. 61       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability for bilingual education   and English as a second language and other special language   programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          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 achievement indicators adopted under Sections   39.053(c)(1)-(4), including the results of assessment instruments;                (2)  the difference in grade-level retention rates   between students of limited English proficiency and students who   have not previously been classified as 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 have not previously been   classified as 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 have not previously been classified as 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.          (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 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)  To ensure the effectiveness of programs under this   subchapter, the agency shall intervene in a school district,   campus, or open-enrollment charter school program if, as a result   of an evaluation under Subsection (a), the agency determines the   program is ineffective [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 that is    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)  To evaluate program effectiveness further, a school   district, campus, or open-enrollment charter school with a program   determined under this section to be ineffective shall immediately   review and provide to the agency a report concerning the following   factors:                (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 considered by language,   school, and grade used in providing instruction to students of   limited English proficiency;                (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 have not previously been classified as 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.          SECTION 2.  Section 42.006, Education Code, is amended by   adding Subsection (e) to read as follows:          (e)  The commissioner shall adopt rules to ensure that,   through the Public Education Information Management System, the   agency collects and maintains data regarding:                (1)  whether a student is or while enrolled in a public   school in this state has ever been classified as a student of   limited English proficiency;                (2)  the school year in which a student described by   Subdivision (1) first entered ninth grade;                (3)  the date a student described by Subdivision (1)   was classified as a student of limited English proficiency;                (4)  if applicable, the date a student classified as a   student of limited English proficiency exits a program under   Subchapter B, Chapter 29; and                (5)  the status of a student described by Subdivision   (1) as:                      (A)  a continuing student;                      (B)  a high school graduate;                      (C)  a recipient of a high school equivalency   certificate; or                      (D)  a dropout.          SECTION 3.  This Act applies beginning with the 2017-2018   school year.          SECTION 4.  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, 2017.