85R756 GCB-F     By: Hall S.B. No. 98       A BILL TO BE ENTITLED   AN ACT   relating to removing the requirement for bilingual education and   special language programs for certain students of limited English   proficiency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter B, Chapter 29,   Education Code, is amended to read as follows:   SUBCHAPTER B. [BILINGUAL EDUCATION AND] SPECIAL LANGUAGE PROGRAMS          SECTION 2.  Section 29.051, Education Code, is amended to   read as follows:          Sec. 29.051.  STATE POLICY. English is the basic language of   this state. Public schools are responsible for providing a full   opportunity for all students to become competent in speaking,   reading, writing, and comprehending the English language. [Large   numbers of students in the state come from environments in which the   primary language is other than English. Experience has shown that   public school classes in which instruction is given only in English   are often inadequate for the education of those students.] The   mastery of basic English language skills is a prerequisite for   effective participation in the state's educational program.   [Bilingual education and special language programs can meet the   needs of those students and facilitate their integration into the   regular school curriculum. Therefore, in accordance with the   policy of the state to ensure equal educational opportunity to   every student, and in recognition of the educational needs of   students of limited English proficiency, this subchapter provides   for the establishment of bilingual education and special language   programs in the public schools and provides supplemental financial   assistance to help school districts meet the extra costs of the   programs.]          SECTION 3.  Subchapter B, Chapter 29, Education Code, is   amended by adding Section 29.0515 to read as follows:          Sec. 29.0515.  SPECIAL LANGUAGE PROGRAMS. A school district   with an enrollment of 20 or more students of limited English   proficiency that speak the same primary language may offer   bilingual education, instruction in English as a second language,   English immersion, or other transitional language instruction.          SECTION 4.  Section 29.052, Education Code, is amended to   read as follows:          Sec. 29.052.  DEFINITION [DEFINITIONS]. In this subchapter,   "student [:                [(1)  "Student] of limited English proficiency" means a   student whose primary language is other than English and whose   English language skills are such that the student has difficulty   performing ordinary classwork in English.                [(2)  "Parent" includes a legal guardian of a student.]          SECTION 5.  Sections 29.053, 29.054, 29.055, 29.056,   29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063,   29.064, and 29.066, Education Code, are repealed.          SECTION 6.  Section 7.056(e), Education Code, is amended to   read as follows:          (e)  Except as provided by Subsection (f), a school campus or   district may not receive an exemption or waiver under this section   from:                (1)  a prohibition on conduct that constitutes a   criminal offense;                (2)  a requirement imposed by federal law or rule,   including a requirement for special education or bilingual   education programs; or                (3)  a requirement, restriction, or prohibition   relating to:                      (A)  essential knowledge or skills under Section   28.002 or high school graduation requirements under Section 28.025;                      (B)  public school accountability as provided by   Subchapters B, C, D, E, F, G, and J, Chapter 39;                      (C)  extracurricular activities under Section   33.081 or participation in a University Interscholastic League   area, regional, or state competition under Section 33.0812;                      (D)  health and safety under Chapter 38;                      (E)  purchasing under Subchapter B, Chapter 44;                      (F)  elementary school class size limits, except   as provided by Section 25.112;                      (G)  removal of a disruptive student from the   classroom under Subchapter A, Chapter 37;                      (H)  at-risk programs under Subchapter C, Chapter   29;                      (I)  prekindergarten programs under Subchapter E,   Chapter 29;                      (J)  educator rights and benefits under   Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter   A, Chapter 22;                      (K)  special education programs under Subchapter   A, Chapter 29; or                      (L)  [bilingual education programs under   Subchapter B, Chapter 29; or                      [(M)]  the requirements for the first day of   instruction under Section 25.0811.          SECTION 7.  Section 12.013(b), Education Code, is amended to   read as follows:          (b)  A home-rule school district is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  a provision of this title relating to limitations   on liability; and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  educator certification under Chapter 21 and   educator rights under Sections 21.407, 21.408, and 22.001;                      (C)  criminal history records under Subchapter C,   Chapter 22;                      (D)  student admissions under Section 25.001;                      (E)  school attendance under Sections 25.085,   25.086, and 25.087;                      (F)  inter-district or inter-county transfers of   students under Subchapter B, Chapter 25;                      (G)  elementary class size limits under Section   25.112, in the case of any campus in the district that fails to   satisfy any standard under Section 39.054(e);                      (H)  high school graduation under Section 28.025;                      (I)  special education programs under Subchapter   A, Chapter 29;                      (J)  [bilingual education under Subchapter B,   Chapter 29;                      [(K)]  prekindergarten programs under Subchapter   E, Chapter 29;                      (K) [(L)]  safety provisions relating to the   transportation of students under Sections 34.002, 34.003, 34.004,   and 34.008;                      (L) [(M)]  computation and distribution of state   aid under Chapters 31, 42, and 43;                      (M) [(N)]  extracurricular activities under   Section 33.081;                      (N) [(O)]  health and safety under Chapter 38;                      (O) [(P)]  public school accountability under   Subchapters B, C, D, E, F, G, and J, Chapter 39;                      (P) [(Q)]  equalized wealth under Chapter 41;                      (Q) [(R)]  a bond or other obligation or tax rate   under Chapters 42, 43, and 45; and                      (R) [(S)]  purchasing under Chapter 44.          SECTION 8.  Section 12.056(b), Education Code, is amended to   read as follows:          (b)  A campus or program for which a charter is granted under   this subchapter is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  high school graduation under Section 28.025;                      (D)  special education programs under Subchapter   A, Chapter 29;                      (E)  [bilingual education under Subchapter B,   Chapter 29;                      [(F)] prekindergarten programs under Subchapter   E, Chapter 29;                      (F) [(G)]  extracurricular activities under   Section 33.081;                      (G) [(H)]  health and safety under Chapter 38; and                      (H) [(I)]  public school accountability under   Subchapters B, C, D, E, F, G, and J, Chapter 39.          SECTION 9.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  [bilingual education under Subchapter B,   Chapter 29;                      [(H)]  prekindergarten programs under Subchapter   E or E-1, Chapter 29;                      (H) [(I)]  extracurricular activities under   Section 33.081;                      (I) [(J)]  discipline management practices or   behavior management techniques under Section 37.0021;                      (J) [(K)]  health and safety under Chapter 38;                      (K) [(L)]  public school accountability under   Subchapters B, C, D, E, F, G, and J, Chapter 39;                      (L) [(M)]  the requirement under Section 21.006   to report an educator's misconduct;                      (M) [(N)]  intensive programs of instruction   under Section 28.0213; and                      (N) [(O)]  the right of a school employee to   report a crime, as provided by Section 37.148.          SECTION 10.  Section 39.023(l), Education Code, as effective   September 1, 2017, is amended to read as follows:          (l)  The State Board of Education shall adopt rules for the   administration of the assessment instruments adopted under   Subsection (a) in Spanish to students in grades three through five   who are of limited English proficiency, as defined by Section   29.052, whose primary language is Spanish, and who are not   otherwise exempt from the administration of an assessment   instrument under Section 39.027(a)(1) or (2). Each student of   limited English proficiency whose primary language is Spanish,   other than a student to whom Subsection (b) applies, may be assessed   using assessment instruments in Spanish under this subsection for   up to three years or assessment instruments in English under   Subsection (a). [The language proficiency assessment committee   established under Section 29.063 shall determine which students are   administered assessment instruments in Spanish under this   subsection.]          SECTION 11.  Section 39.232(b), Education Code, is amended   to read as follows:          (b)  A school campus or district is not exempt under this   section from:                (1)  a prohibition on conduct that constitutes a   criminal offense;                (2)  requirements imposed by federal law or rule,   including requirements for special education or bilingual   education programs; or                (3)  a requirement, restriction, or prohibition   relating to:                      (A)  curriculum essential knowledge and skills   under Section 28.002 or high school graduation requirements under   Section 28.025;                      (B)  public school accountability as provided by   Subchapters B, C, D, E, F, G, and J;                      (C)  extracurricular activities under Section   33.081;                      (D)  health and safety under Chapter 38;                      (E)  purchasing under Subchapter B, Chapter 44;                      (F)  elementary school class size limits, except   as provided by Subsection (d) or Section 25.112;                      (G)  removal of a disruptive student from the   classroom under Subchapter A, Chapter 37;                      (H)  at risk programs under Subchapter C, Chapter   29;                      (I)  prekindergarten programs under Subchapter E,   Chapter 29;                      (J)  rights and benefits of school employees; or                      (K)  special education programs under Subchapter   A, Chapter 29[; or                      [(L)     bilingual education programs under   Subchapter B, Chapter 29].          SECTION 12.  Section 39.309(c), Education Code, is amended   to read as follows:          (c)  The Texas School Accountability Dashboard developed   under Subsection (a) must include:                (1)  performance information for each school district   and campus in areas specified by Subsection (b) and must allow for   comparison between districts and campuses in each of the areas;                (2)  a comparison of the number of students enrolled in   each school district, including:                      (A)  the percentage of students of limited English   proficiency, as defined by Section 29.052;                      (B)  the percentage of students who are unschooled   asylees or refugees, as defined by Section 39.027(a-1);                      (C)  the percentage of students who are   educationally disadvantaged; and                      (D)  the percentage of students with   disabilities;                (3)  a comparison of performance information for each   district and campus disaggregated by race, ethnicity, and   populations served by special programs, including special   education[, bilingual education, and special language] programs;   and                (4)  a comparison of performance information by subject   area.          SECTION 13.  Section 382.05199(c), Health and Safety Code,   is amended to read as follows:          (c)  The applicant must publish notice at least once in a   newspaper of general circulation in the municipality in which the   plant is proposed to be located or in the municipality nearest to   the proposed location of the plant. If the elementary or middle   school nearest to the proposed plant provides a special language    [bilingual education] program under [as required by] Subchapter B,   Chapter 29, Education Code, the applicant must also publish the   notice at least once in an additional publication of general   circulation in the municipality or county in which the plant is   proposed to be located that is published in the language taught in   the special language [bilingual education] program. This   requirement is waived if such a publication does not exist or if the   publisher refuses to publish the notice.          SECTION 14.  Section 382.056(a), Health and Safety Code, is   amended to read as follows:          (a)  Except as provided by Section 382.0518(h), an applicant   for a permit or permit amendment under Section 382.0518 or a permit   renewal review under Section 382.055 shall publish notice of intent   to obtain the permit, permit amendment, or permit review not later   than the 30th day after the date the commission determines the   application to be administratively complete.  The commission by   rule shall require an applicant for a federal operating permit   under Section 382.054 to publish notice of intent to obtain a   permit, permit amendment, or permit review consistent with federal   requirements and with the requirements of Subsection (b).  The   applicant shall publish the notice at least once in a newspaper of   general circulation in the municipality in which the facility or   federal source is located or is proposed to be located or in the   municipality nearest to the location or proposed location of the   facility or federal source.  If the elementary or middle school   nearest to the facility or proposed facility provides a special   language [bilingual education] program under [as required by]   Subchapter B, Chapter 29, Education Code, the applicant shall also   publish the notice at least once in an additional publication of   general circulation in the municipality or county in which the   facility is located or proposed to be located that is published in   the language taught in the special language [bilingual education]   program.  This requirement is waived if such a publication does not   exist or if the publisher refuses to publish the notice.  The   commission by rule shall prescribe the form and content of the   notice and when notice must be published.  The commission may   require publication of additional notice.  The commission by rule   shall prescribe alternative procedures for publication of the   notice in a newspaper if the applicant is a small business   stationary source as defined by Section 5.135, Water Code, and will   not have a significant effect on air quality.  The alternative   procedures must be cost-effective while ensuring adequate   notice.  Notice required to be published under this section shall   only be required to be published in the United States.          SECTION 15.  This Act applies beginning with the 2017-2018   school year.          SECTION 16.  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.