Bill Text: TX SB2066 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to emergent bilingual students in public schools.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB2066 Detail]

Download: Texas-2021-SB2066-Enrolled.html

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S.B. No. 2066

AN ACT
relating to emergent bilingual students in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0452(b), Education Code, is amended
to read as follows:
(b) The board shall make available at least the following
information regarding each educator preparation program:
(1) the information specified in Sections 21.045(a)
and (b);
(2) in addition to any other appropriate information
indicating the quality of persons admitted to the program, the
average academic qualifications possessed by persons admitted to
the program, including:
(A) average overall grade point average and
average grade point average in specific subject areas; and
(B) average scores on the Scholastic Assessment
Test (SAT), the American College Test (ACT), or the Graduate Record
Examination (GRE), as applicable;
(3) the degree to which persons who complete the
program are successful in obtaining teaching positions;
(4) the extent to which the program prepares teachers,
including general education teachers and special education
teachers, to effectively teach:
(A) students with disabilities; and
(B) emergent bilingual students [of limited
English proficiency], as defined by Section 29.052;
(5) the activities offered by the program that are
designed to prepare teachers to:
(A) integrate technology effectively into
curricula and instruction, including activities consistent with
the principles of universal design for learning; and
(B) use technology effectively to collect,
manage, and analyze data to improve teaching and learning for the
purpose of increasing student academic achievement;
(6) for each semester, the average ratio of field
supervisors to candidates completing student teaching, clinical
teaching, or an internship in an educator preparation program;
(7) the perseverance of beginning teachers in the
profession, based on information reported through the Public
Education Information Management System (PEIMS) providing the
number of beginning teachers employed as classroom teachers for at
least three years after certification in comparison to similar
programs;
(8) the results of exit surveys given to program
participants on completion of the program that involve evaluation
of the program's effectiveness in preparing participants to succeed
in the classroom;
(9) the results of surveys given to school principals
that involve evaluation of the program's effectiveness in preparing
participants to succeed in the classroom, based on experience with
employed program participants; and
(10) the results of teacher satisfaction surveys
developed under Section 21.045 and given to program participants at
the end of the first year of teaching.
SECTION 2. Sections 21.054(d) and (e), Education Code, are
amended to read as follows:
(d) Continuing education requirements for a classroom
teacher must provide that at least 25 percent of the training
required every five years include instruction regarding:
(1) collecting and analyzing information that will
improve effectiveness in the classroom;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) digital learning, digital teaching, and
integrating technology into classroom instruction;
(4) educating diverse student populations, including:
(A) students who are eligible to participate in
special education programs under Subchapter A, Chapter 29;
(B) students who are eligible to receive
educational services required under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794);
(C) students with mental health conditions or who
engage in substance abuse;
(D) students with intellectual or developmental
disabilities;
(E) students who are educationally
disadvantaged;
(F) emergent bilingual students [of limited
English proficiency]; and
(G) students at risk of dropping out of school;
(5) understanding appropriate relationships,
boundaries, and communications between educators and students; and
(6) how mental health conditions, including grief and
trauma, affect student learning and behavior and how
evidence-based, grief-informed, and trauma-informed strategies
support the academic success of students affected by grief and
trauma.
(e) Continuing education requirements for a principal must
provide that at least 25 percent of the training required every five
years include instruction regarding:
(1) effective and efficient management, including:
(A) collecting and analyzing information;
(B) making decisions and managing time; and
(C) supervising student discipline and managing
behavior;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) digital learning, digital teaching, and
integrating technology into campus curriculum and instruction;
(4) effective implementation of a comprehensive
school counseling program under Section 33.005;
(5) mental health programs addressing a mental health
condition;
(6) educating diverse student populations, including:
(A) students who are eligible to participate in
special education programs under Subchapter A, Chapter 29;
(B) students with intellectual or developmental
disabilities;
(C) students who are eligible to receive
educational services required under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794);
(D) students with mental health conditions or who
engage in substance abuse;
(E) students who are educationally
disadvantaged;
(F) emergent bilingual students [of limited
English proficiency]; and
(G) students at risk of dropping out of school;
(7) preventing, recognizing, and reporting any sexual
conduct between an educator and student that is prohibited under
Section 21.12, Penal Code, or for which reporting is required under
Section 21.006 of this code; and
(8) how mental health conditions, including grief and
trauma, affect student learning and behavior and how
evidence-based, grief-informed, and trauma-informed strategies
support the academic success of students affected by grief and
trauma.
SECTION 3. Section 21.4551(b), Education Code, is amended
to read as follows:
(b) A reading academy developed under this section must
include training in:
(1) for a teacher providing instruction in reading to
students at the seventh or eighth grade level:
(A) administration of the reading instrument
required by Section 28.006(c-1); and
(B) interpretation of the results of the reading
instrument required by Section 28.006(c-1) and strategies, based on
scientific research regarding effective reading instruction, for
long-term intensive intervention to target identified student
needs in word recognition, vocabulary, fluency, and comprehension;
(2) for a teacher providing instruction in reading to
students at the sixth, seventh, or eighth grade level:
(A) strategies to be implemented in English
language arts and other subject areas for multisyllable word
reading, vocabulary development, and comprehension of expository
and narrative text;
(B) an adaptation framework that enables
teachers to respond to differing student strengths and needs,
including adaptations for emergent bilingual students [of limited
English proficiency] or students receiving special education
services under Subchapter A, Chapter 29;
(C) collaborative strategies to increase active
student involvement and motivation to read; and
(D) other areas identified by the commissioner as
essential components of reading instruction; and
(3) for a teacher providing instruction in
mathematics, science, or social studies to students at the sixth,
seventh, or eighth grade level:
(A) strategies for incorporating reading
instruction into the curriculum for the subject area taught by the
teacher; and
(B) other areas identified by the commissioner.
SECTION 4. Section 21.457, Education Code, is amended to
read as follows:
Sec. 21.457. TRAINING FOR TEACHERS OF EMERGENT BILINGUAL
STUDENTS [OF LIMITED ENGLISH PROFICIENCY]. The commissioner shall
develop and make available training materials and other teacher
training resources to assist teachers in developing the expertise
required to enable emergent bilingual students [of limited English
proficiency] to meet state performance expectations.
SECTION 5. 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
emergent bilingual 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 6. Section 29.052(1), Education Code, is amended to
read as follows:
(1) "Emergent bilingual student [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.
SECTION 7. Sections 29.053(b), (c), and (d), Education
Code, are amended to read as follows:
(b) Within the first four weeks following the first day of
school, the language proficiency assessment committee established
under Section 29.063 shall determine and report to the board of
trustees of the district the number of emergent bilingual students
[of limited English proficiency] on each campus and shall classify
each student according to the language in which the student
possesses primary proficiency. The board shall report that
information to the agency before November 1 each year.
(c) Each district with an enrollment of 20 or more emergent
bilingual students [of limited English proficiency] in any language
classification in the same grade level shall offer a bilingual
education or special language program.
(d) Each district that is required to offer bilingual
education and special language programs under this section shall
offer the following for emergent bilingual students [of limited
English proficiency]:
(1) bilingual education in kindergarten through the
elementary grades;
(2) bilingual education, instruction in English as a
second language, or other transitional language instruction
approved by the agency in post-elementary grades through grade 8;
and
(3) instruction in English as a second language in
grades 9 through 12.
SECTION 8. Sections 29.054(b) and (d), Education Code, are
amended to read as follows:
(b) An application for an exception may be filed with the
agency when a district is unable to hire a sufficient number of
teachers with teaching certificates appropriate for bilingual
education instruction to staff the required program. The
application must be accompanied by:
(1) documentation showing that the district has taken
all reasonable affirmative steps to secure teachers with teaching
certificates appropriate for bilingual education instruction and
has failed;
(2) documentation showing that the district has
affirmative hiring policies and procedures consistent with the need
to serve emergent bilingual [limited English proficiency]
students;
(3) documentation showing that, on the basis of
district records, no teacher having a teaching certificate
appropriate for bilingual instruction or emergency credentials has
been unjustifiably denied employment by the district within the
past 12 months; and
(4) a plan detailing specific measures to be used by
the district to eliminate the conditions that created the need for
an exception.
(d) During the period for which a district is granted an
exception under this section, the district must use alternative
methods approved by the agency to meet the needs of its emergent
bilingual students [of limited English proficiency], including
hiring teaching personnel under a bilingual emergency permit.
SECTION 9. Section 29.055(c), Education Code, is amended to
read as follows:
(c) In subjects such as art, music, and physical education,
emergent bilingual students [of limited English proficiency] shall
participate fully with English-speaking students in regular
classes provided in the subjects.
SECTION 10. Sections 29.056(a), (c), (d), and (g),
Education Code, are amended to read as follows:
(a) The agency shall establish standardized criteria for
the identification, assessment, and classification of emergent
bilingual 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
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.
(c) The language proficiency assessment committee may
classify a student as emergent bilingual [limited English
proficiency] if:
(1) the student's ability in English is so limited or
the student's disabilities are so severe that assessment procedures
cannot be administered;
(2) the student's score or relative degree of
achievement on the agency-approved English proficiency test is
below the levels established by the agency as indicative of
reasonable proficiency;
(3) the student's primary language proficiency score
as measured by an agency-approved test is greater than the
student's proficiency in English; or
(4) the language proficiency assessment committee
determines, based on other information, including a teacher
evaluation, parental viewpoint, or student interview, that the
student's primary language proficiency is greater than the
student's proficiency in English or that the student is not
reasonably proficient in English.
(d) Not later than the 10th day after the date of the
student's classification as an emergent bilingual [a] student [of
limited English proficiency], the language proficiency assessment
committee shall give written notice of the classification to the
student's parent. The notice must be in English and the parent's
primary language. The parents of students eligible to participate
in the required bilingual education program shall be informed of
the benefits of the bilingual education or special language program
and that it is an integral part of the school program.
(g) A district may transfer an emergent bilingual [a]
student [of limited English proficiency] out of a bilingual
education or special language program for the first time or a
subsequent time if the student is able to participate equally in a
regular all-English instructional program as determined by:
(1) agency-approved tests administered at the end of
each school year to determine the extent to which the student has
developed oral and written language proficiency and specific
language skills in English;
(2) satisfactory performance on the reading
assessment instrument under Section 39.023(a) or an English
language arts assessment instrument under Section 39.023(c), as
applicable, with the assessment instrument administered in
English, or, if the student is enrolled in the first or second
grade, an achievement score at or above the 40th percentile in the
reading and language arts sections of an English standardized test
approved by the agency; and
(3) agency-approved criterion-referenced tests and
the results of a subjective teacher evaluation.
SECTION 11. Section 29.059(b), Education Code, is amended
to read as follows:
(b) A school district may allow a nonresident emergent
bilingual student [of limited English proficiency] to enroll in or
attend its bilingual education or special language programs if the
student's district of residence does not provide an appropriate
program. The tuition for the student shall be paid by the district
in which the student resides.
SECTION 12. Sections 29.060(a) and (d), Education Code, are
amended to read as follows:
(a) Each school district that is required to offer a
bilingual education or special language program shall offer a
voluntary program for emergent bilingual children [of limited
English proficiency] who will be eligible for admission to
kindergarten or the first grade at the beginning of the next school
year. A school that operates on a system permitted by this code
other than a semester system shall offer 120 hours of instruction on
a schedule the board of trustees of the district establishes. A
school that operates on a semester system shall offer the program:
(1) during the period school is recessed for the
summer; and
(2) for one-half day for eight weeks or on a similar
schedule approved by the board of trustees.
(d) A school district may establish on a full- or part-time
basis other summer school, extended day, or extended week bilingual
education or special language programs for emergent bilingual
students [of limited English proficiency] and may join with other
districts in establishing the programs.
SECTION 13. Section 29.062(a), Education Code, is amended
to read as follows:
(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
achievement indicators adopted under Section 39.053(c), including
the results of assessment instruments. The agency may combine
evaluations under this section with federal accountability
measures concerning emergent bilingual students [of limited
English proficiency].
SECTION 14. Sections 29.063(b) and (c), Education Code, are
amended to read as follows:
(b) Each committee shall include a professional bilingual
educator, a professional transitional language educator, a parent
of an emergent bilingual [a limited English proficiency] student,
and a campus administrator.
(c) The language proficiency assessment committee shall:
(1) review all pertinent information on emergent
bilingual [limited English proficiency] students, including the
home language survey, the language proficiency tests in English and
the primary language, each student's achievement in content areas,
and each student's emotional and social attainment;
(2) make recommendations concerning the most
appropriate placement for the educational advancement of the
emergent bilingual [limited English proficiency] student after the
elementary grades;
(3) review each emergent bilingual [limited English
proficiency] student's progress at the end of the school year in
order to determine future appropriate placement;
(4) monitor the progress of students formerly
classified as emergent bilingual [limited English proficiency] who
have transferred out of the bilingual education or special language
program and, based on the information, designate the most
appropriate placement for such students; and
(5) determine the appropriateness of a program that
extends beyond the regular school year based on the needs of each
emergent bilingual [limited English proficiency] student.
SECTION 15. Sections 29.066(a) and (b), Education Code, are
amended to read as follows:
(a) A school district that is required to offer bilingual
education or special language programs shall include the following
information in the district's Public Education Information
Management System (PEIMS) report:
(1) demographic information, as determined by the
commissioner, on students enrolled in district bilingual education
or special language programs;
(2) the number and percentage of students enrolled in
each instructional model of a bilingual education or special
language program offered by the district; and
(3) the number and percentage of students identified
as emergent bilingual students [of limited English proficiency] who
do not receive specialized instruction.
(b) For purposes of this section, the commissioner shall
adopt rules to classify programs under this section as follows:
(1) if the program is a bilingual education program,
the program must be classified under the Public Education
Information Management System (PEIMS) report as:
(A) transitional bilingual/early exit: a
bilingual program that serves students identified as emergent
bilingual students [of limited English proficiency] in both English
and Spanish and transfers a student to English-only instruction not
earlier than two or later than five years after the student enrolls
in school;
(B) transitional bilingual/late exit: a
bilingual program that serves students identified as emergent
bilingual students [of limited English proficiency] in both English
and Spanish and transfers a student to English-only instruction not
earlier than six or later than seven years after the student enrolls
in school;
(C) dual language immersion/two-way: a
biliteracy program that integrates students proficient in English
and students identified as emergent bilingual students [of limited
English proficiency] in both English and Spanish and transfers a
student identified as an emergent bilingual [a] student [of limited
English proficiency] to English-only instruction not earlier than
six or later than seven years after the student enrolls in school;
or
(D) dual language immersion/one-way: a
biliteracy program that serves only students identified as emergent
bilingual students [of limited English proficiency] in both English
and Spanish and transfers a student to English-only instruction not
earlier than six or later than seven years after the student enrolls
in school; and
(2) if the program is a special language program, the
program must be classified under the Public Education Information
Management System (PEIMS) report as:
(A) English as a second language/content-based:
an English program that serves students identified as emergent
bilingual students [of limited English proficiency] in English only
by providing a full-time teacher certified under Section 29.061(c)
to provide supplementary instruction for all content area
instruction; or
(B) English as a second language/pull-out: an
English program that serves students identified as emergent
bilingual students [of limited English proficiency] in English only
by providing a part-time teacher certified under Section 29.061(c)
to provide English language arts instruction exclusively, while the
student remains in a mainstream instructional arrangement in the
remaining content areas.
SECTION 16. Section 29.081(d), Education Code, as amended
by Chapters 403 (S.B. 1746), 597 (S.B. 668), and 1060 (H.B. 1051),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
and amended to read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who:
(1) is under 26 years of age and who:
(A) was not advanced from one grade level to the
next for one or more school years;
(B) if the student is in grade 7, 8, 9, 10, 11, or
12, did not maintain an average equivalent to 70 on a scale of 100 in
two or more subjects in the foundation curriculum during a semester
in the preceding or current school year or is not maintaining such
an average in two or more subjects in the foundation curriculum in
the current semester;
(C) did not perform satisfactorily on an
assessment instrument administered to the student under Subchapter
B, Chapter 39, and who has not in the previous or current school
year subsequently performed on that instrument or another
appropriate instrument at a level equal to at least 110 percent of
the level of satisfactory performance on that instrument;
(D) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(E) is pregnant or is a parent;
(F) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(G) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(H) is currently on parole, probation, deferred
prosecution, or other conditional release;
(I) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(J) is an emergent bilingual [a] student [of
limited English proficiency], as defined by Section 29.052;
(K) is in the custody or care of the Department of
Family and Protective Services or has, during the current school
year, been referred to the department by a school official, officer
of the juvenile court, or law enforcement official;
(L) is homeless;
(M) resided in the preceding school year or
resides in the current school year in a residential placement
facility in the district, including a detention facility, substance
abuse treatment facility, emergency shelter, psychiatric hospital,
halfway house, cottage home operation, specialized child-care
home, or general residential operation; or
(N) [(14)] has been incarcerated or has a parent
or guardian who has been incarcerated, within the lifetime of the
student, in a penal institution as defined by Section 1.07, Penal
Code; or
(2) regardless of the student's age, participates in
an adult education program provided under a high school diploma and
industry certification charter school program under Section
29.259.
SECTION 17. Section 29.091(f), Education Code, is amended
to read as follows:
(f) Each school district participating in the program
shall, in the manner and within the time prescribed by commissioner
rule, provide to the agency an annual written report that includes:
(1) a detailed description of the district's plan, as
implemented;
(2) the number and grade levels of participating
students;
(3) demographic information for participating
students, including the percentage of students of each applicable
race and ethnicity, the percentage of educationally disadvantaged
students, the percentage of emergent bilingual students [of limited
English proficiency] as defined by Section 29.052, the percentage
of students enrolled in a school district special education program
under Subchapter A, and the percentage of students enrolled in a
district bilingual education program under Subchapter B;
(4) school attendance rates for participating
students, before, during, and after program participation, as
applicable;
(5) specific information that demonstrates whether
the purposes described by Subsections (b)(2) and (3) have been
achieved, including the results of assessment instruments
administered under Section 39.023 for participating students,
before, during, and after program participation, as applicable;
(6) aggregate results of assessment instruments
administered under Section 39.023 for students of participating
classroom teachers, new teachers, and student teachers, before,
during, and after program participation by the students, as
applicable;
(7) information regarding the manner in which teachers
are selected for participation in the program and the manner in
which teachers are compensated for their participation;
(8) statistical information for participating
classroom teachers, new teachers, and student teachers, including
the number of years employed in the teaching profession, the number
of years teaching in the district in which the program is provided,
the category and class of educator certification held, the highest
level of academic degree earned, race, ethnicity, and gender;
(9) information regarding whether:
(A) the program is provided on a full-day or
half-day basis;
(B) the program is voluntary or mandatory for
educationally disadvantaged students;
(C) the district has partnered with an outside
provider to provide any supplemental service;
(D) the district provides transportation to
participating students; and
(E) the district offers the program to students
who are not educationally disadvantaged and, if so, under what
circumstances;
(10) information on retention in the teaching
profession of the participating teachers, including new teachers
and student teachers; and
(11) any other information required by commissioner
rule.
SECTION 18. Section 39.023(l), Education Code, 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 emergent bilingual 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
emergent bilingual 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 19. Section 39.0241(d), Education Code, is amended
to read as follows:
(d) Using funds appropriated for purposes of this
subsection, the agency shall develop and make available teacher
training materials and other teacher training resources to assist
teachers in enabling emergent bilingual students [of limited
English proficiency] to meet state performance expectations. The
teacher training resources shall be designed to support intensive,
individualized, and accelerated instructional programs developed
by school districts for emergent bilingual students [of limited
English proficiency].
SECTION 20. Sections 39.027(a) and (e), Education Code, are
amended to read as follows:
(a) A student may be administered an accommodated or
alternative assessment instrument or may be granted an exemption
from or a postponement of the administration of an assessment
instrument under:
(1) Section 39.023(a), (b), (c), or (l) for a period of
up to one year after initial enrollment in a school in the United
States if the student is an emergent bilingual student [of limited
English proficiency], as defined by Section 29.052, and has not
demonstrated proficiency in English as determined by the assessment
system under Subsection (e);
(2) Section 39.023(a), (b), (c), or (l) for a period of
up to two years in addition to the exemption period authorized by
Subdivision (1) if the student has received an exemption under
Subdivision (1) and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no assessment
instrument in the primary language of the student is available; or
(3) Section 39.023(a), (b), (c), or (l) for a period of
up to four years, in addition to the exemption period authorized
under Subdivision (1), if the student's initial enrollment in a
school in the United States was as an unschooled asylee or refugee.
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all emergent bilingual students
[of limited English proficiency], as defined by Section 29.052. A
student who is exempt from the administration of an assessment
instrument under Subsection (a)(1) or (2) who achieves reading
proficiency in English as determined by the assessment system
developed under this subsection shall be administered the
assessment instruments described by Sections 39.023(a) and (c).
The performance under the assessment system developed under this
subsection of students to whom Subsection (a)(1) or (2) applies
shall be included in the indicator systems under Section 39.301, as
applicable, the performance report under Section 39.306, and the
comprehensive biennial report under Section 39.332. This
information shall be provided in a manner that is disaggregated by
the bilingual education or special language program, if any, in
which the student is enrolled.
SECTION 21. Section 39.034(b), Education Code, is amended
to read as follows:
(b) For emergent bilingual students [of limited English
proficiency], as defined by Section 29.052, the agency shall use a
student's performance data on reading proficiency assessment
instruments in English and one other language to calculate the
student's progress toward dual language proficiency.
SECTION 22. Sections 39.301(c) and (d), Education Code, are
amended to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under each performance standard under Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) the percentage of emergent bilingual students [of
limited English proficiency] exempted from the administration of an
assessment instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for emergent bilingual
students [of limited English proficiency], as defined by Section
29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
(d) Performance on the indicators described by Section
39.053(c) and Subsections (c)(3), (4), and (9) must be based on
longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which emergent
bilingual students [of limited English proficiency], as defined by
Section 29.052, are or former emergent bilingual students [of
limited English proficiency] were enrolled. If a student described
by this subsection is not or was not enrolled in specialized
language instruction, the number and percentage of those students
shall be provided.
SECTION 23. 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 emergent bilingual
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 24. Section 39.332(d), Education Code, is amended
to read as follows:
(d) In reporting the information required by Subsections
(b)(3), (5), and (7), the agency shall separately aggregate the
longitudinal performance data of all students identified as
emergent bilingual students [of limited English proficiency], as
defined by Section 29.052, or former emergent bilingual students
[of limited English proficiency], disaggregated by bilingual
education or special language program instructional model, if any,
in which the students are or were enrolled.
SECTION 25. Section 48.105(a), Education Code, is amended
to read as follows:
(a) For each student in average daily attendance in a
bilingual education or special language program under Subchapter B,
Chapter 29, a district is entitled to an annual allotment equal to
the basic allotment multiplied by:
(1) for an emergent bilingual [a] student [of limited
English proficiency], as defined by Section 29.052:
(A) 0.1; or
(B) 0.15 if the student is in a bilingual
education program using a dual language immersion/one-way or
two-way program model; and
(2) for a student not described by Subdivision (1),
0.05 if the student is in a bilingual education program using a dual
language immersion/two-way program model.
SECTION 26. Section 48.108(a), Education Code, is amended
to read as follows:
(a) For each student in average daily attendance in
kindergarten through third grade, a school district is entitled to
an annual allotment equal to the basic allotment multiplied by 0.1
if the student is:
(1) educationally disadvantaged; or
(2) an emergent bilingual [a] student [of limited
English proficiency], as defined by Section 29.052, and is in a
bilingual education or special language program under Subchapter B,
Chapter 29.
SECTION 27. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 28. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2066 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2066 passed the House on
May 26, 2021, by the following vote: Yeas 105, Nays 42, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor