EHBE(LEGAL) - SPECIAL PROGRAMS: BILINGUAL EDUCATION/ESL

Note: The terms English language learner and English learner are used interchangeably and are synonymous with the limited English proficiency (LEP) student as used in Education Code Chapter 29. 19 TAC 89.1203

Title III Requirements

State Policy

Definitions

District Responsibility

  1. Identify English learners based on criteria established by the state;
  2. Provide bilingual education and ESL programs as integral parts of the general program;
  3. Seek appropriately certified teaching personnel to ensure that English learners are afforded full opportunity to master the essential knowledge and skills; and
  4. Assess achievement for essential knowledge and skills in accordance with Education Code Chapter 29 to ensure accountability for English learners and the schools that serve them.

Identification of LEP Students

Language Proficiency Assessment Committees (LPAC)

Membership of LPAC

  1. An appropriately certified bilingual educator (for students served through a bilingual education program);
  2. An appropriately certified English as a second language (ESL) educator (for students served through an ESL program);
  3. A parent of an English learner participating in a bilingual or ESL program; and
  4. A campus administrator.

Duties

Home Language Survey

  1. "What language is spoken in the child's home most of the time?"
  2. "What language does the child speak most of the time?"

LEP Classification

  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 TEA-approved English proficiency test is below the levels established by TEA as indicative of reasonable proficiency;
  3. The student's primary language proficiency score as measured by a TEA-approved test is greater than the student's proficiency in English; or
  4. The LPAC 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.

Parental Notice and Consent

  1. The student is 18 years of age or has had the disabilities of minority removed;
  2. The parent or legal guardian provides approval through a phone conversation or email that is documented in writing and retained; or
  3. An adult who the district recognizes as standing in parental relation to the student provides written approval. This may include a foster parent or employee of a state or local governmental agency with temporary possession or control of the student.

Participation of Non-LEP Students

Students with Disabilities

Bilingual and ESL Programs

  1. Prekindergarten through elementary grades: a district shall provide a bilingual education program by offering dual language instruction using one of the four bilingual program models described in 19 Administrative Code 89.1210(c). Elementary grades shall include at least prekindergarten through grade 5; sixth grade shall be included when clustered with the elementary grades. [See Bilingual Education Program Models, below]
  2. Post-elementary through grade 8: a district shall offer bilingual education, ESL, or other transitional language instruction approved by TEA.
  3. Grades 9 through 12: a district shall provide ESL instruction by offering an ESL program using one of the two models described at 19 Administrative Code 89.1210(g). [See ESL Program Models, below]

A district is authorized to establish a bilingual education program even if the district has fewer than 20 English learners in any language classification in the same grade level district-wide and are not required to do so under the law. A district is also authorized to establish bilingual education programs at grade levels at which the district is not required under the law to establish bilingual programs. If a district does operate such a program under this authorization, the district shall adhere to all program requirements in 19 Administrative Code 89.1210, .1227, .1228, and .1229. 19 TAC 89.1205(f)(g)

Exceptions and Waivers

Program Design

A bilingual education program shall be a full-time program of dual language instruction. An ESL program shall be an intensive program of instruction in English. 19 TAC 89.1210(a)(1)(a)(2)

Bilingual Education Program Models

  1. Transitional bilingual/early exit;
  2. Transitional bilingual/late exit;
  3. Dual language immersion/one-way; or
  4. Dual language immersion/two-way.

ESL Program Models

  1. An ESL/content-based program model is an English acquisition program that serves students identified as English learners through English instruction by a teacher appropriately certified in ESL under Education Code 29.061(c), through English language arts and reading, mathematics, science, and social studies. The goal of content-based ESL is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading, mathematics, science, and social studies.
  2. An ESL/pull-out program model is an English acquisition program that serves students identified as English learners through English instruction provided by an appropriately certified ESL teacher under Education Code 29.061(c), through English language arts and reading. The goal of ESL pull-out is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading. Instruction shall be provided by the ESL teacher in a pull-out or inclusionary delivery model.

Dual Language Immersion Program

Implementation

  1. Begin at prekindergarten or kindergarten, as applicable;
  2. Continue without interruption incrementally through the elementary grades; and
  3. Consider expansion to middle school and high school whenever possible.

Minimum Requirements

  1. Address all curriculum requirements specified at 19 Administrative Code Chapter 74, Subchapter A (Required Curriculum) to include foundation and enrichment areas, English language proficiency standards, and college and career readiness standards.
  2. Be a full-time program of academic instruction in English and another language.
  3. Provide equitable resources in English and the additional program language whenever possible.
  4. Provide a minimum of 50 percent of instructional time in the language other than English for the duration of the program.
  5. Be developmentally appropriate and based on current best practices identified in research.

Two-Way DLIP Enrollment

  1. Eligibility criteria;
  2. Program purpose;
  3. The district's commitment to providing equitable access to services for English learners.
  4. Grade levels in which the program will be implemented;
  5. Support of program goals as stated in 19 Administrative Code 89.1210 (Program Content and Design); and
  6. Expectations for students and parents.

School District Recognition

  1. The school must meet the minimum requirements stated in 19 Administrative Code 89.1227.
  2. The school must receive an acceptable performance rating in the state accountability system.

Student Recognition

Facilities

Cooperation Among Districts

Documentation

Summer Program

Other Program

Personnel

  1. Transitional bilingual/early exit program model; or
  2. Transitional bilingual/late exit program model.
  1. Bilingual education for the component of the program provided in a language other than English; and
  2. Bilingual education or English as a second language for the component of the program provided in English.

LEP Students and State Assessments

Program Exit

  1. TEA-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 Education Code 39.023(a) or an English language arts assessment instrument under Education Code 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 TEA; and
  3. TEA-approved criterion-referenced tests and the results of a subjective teacher evaluation.

Notice to Parents

Post-Exit Monitoring and Reenrollment

  1. The total amount of time the student was enrolled in bilingual education or special language programs;
  2. The student's grades each grading period in each subject in the foundation curriculum;
  3. The student's performance on state assessment instruments;
  4. The number of credits the student has earned toward high school graduation, if applicable; and
  5. Any disciplinary actions taken against the student under Education Code Chapter 37, Subchapter A.

Program Evaluation

Poteet ISD

EHBE(LEGAL)-P

UPDATE 112

DATE ISSUED: 1/9/2019