By: Rinaldi	H.B. No. 3848

	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, 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; and
	(M) [(N)]  intensive programs of instruction
	under Section 28.0213.
	SECTION 10.  Section 39.023(l), Education Code, as effective
	until on or before September 1, 2015, 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 39.023(l), Education Code, as effective
	on or before September 1, 2015, 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) and, to the extent applicable, the assessment
	instruments adopted under Subsection (a-4) in Spanish to students
	in grades three, four, and 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) and, as
	applicable, Subsection (a-4).  [The language proficiency
	assessment committee established under Section 29.063 shall
	determine which students are administered assessment instruments
	in Spanish under this subsection.]
	SECTION 12.  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 13.  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 14.  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 15.  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 16.  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 17.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 18.  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, 2015.