HBA-MPM H.B. 1044 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1044
By: Talton
Public Education
2/19/1999
Introduced



BACKGROUND AND PURPOSE 

Under current state law, there is no limitation regarding the amount of
time a student may spend in bilingual education or a special language
program.  H.B. 1044 limits the amount of time a student may spend in
bilingual education or a special language program to no more than two
years. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.053(c), Education Code, to limit the
application of the provision that each school district with an enrollment
of 20 or more students of limited English proficiency in any language
classification in the same grade level must offer a bilingual or special
language program (program) to situations in which said students have been
in a bilingual education or special language program for a total of two
school years or less. 

SECTION 2.  Amends Sections 29.056(c) and (g), Education Code, to authorize
the language proficiency assessment committee to classify a student as
limited English proficiency only if the student has been in a program for a
total of two years or less, and if the student's ability in English falls
within certain limitations.  Requires, rather than authorizes a district to
transfer a student of limited English proficiency out of a program under
certain conditions.  Adds to the list of these conditions that the student
has been in a program for two or more school years. Redesignates Paragraphs
(g)(2)(A) - (g)(2)(C) from Subdivisions (g)(1) - (g)(3), respectively. 

SECTION 3.  Amends Section 29.060, Education Code, by adding Subsection
(g), as follows:  

(g)  Specifies that the time a student spends in a bilingual preschool,
summer school, or extended time program as required by each school district
is not included in computing the amount of time the student has spent in a
bilingual education or special language program for the purposes of Section
29.053 or 29.056.   

SECTION 4.  Provides that, for the purposes of computing the amount of time
a student has spent in a program for purposes of Section 29.053(c) or
29.056(c) or (g), Education Code, time spent in a program before the
effective date of this Act is included in the total. 

SECTION 5.  Makes this Act applicable beginning with the 1999-2000 school
year. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.