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