Title III Requirements

State Policy


District Responsibility

Identify English language learners based on criteria established by the state;

Provide bilingual education and ESL programs as integral parts of the regular program;

Seek certified teaching personnel to ensure that English language learners are afforded full opportunity to master the essential knowledge and skills; and

Assess achievement for essential knowledge and skills in accordance with Education Code Chapter 39 to ensure accountability for English language learners and the schools that serve them.

Education Code 29.052; 19 TAC 89.1201(a), .1203

Identification of LEP Students

Language Proficiency Assessment Committees (LPAC)

Membership of LPAC

A professional bilingual educator;

A professional transitional language educator;

A parent of a LEP student; and

A campus administrator.

Education Code 29.063(a), (b); 19 TAC 89.1220(a)–(f)


Home Language Survey

"What language is spoken in your home most of the time?"

"What language does your child speak most of the time?"

Education Code 29.056(a)(1); 19 TAC 89.1215

LEP Classification

The student's ability in English is so limited or the student's disabilities are so severe that assessment procedures cannot be administered;

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;

The student's primary language proficiency score as measured by a TEA-approved test is greater than the student's proficiency in English; or

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.

Education Code 29.056(c)

Parental Notice and Consent

The student is 18 years of age or has had the disabilities of minority removed;

Reasonable attempts to inform and obtain permission from a parent or guardian have been made and documented;

Approval is obtained from:

An adult whom the district recognizes as standing in parental relation to the student, including a foster parent or employee of a state or local governmental agency with temporary possession or control of the student; or

The student, if no parent, guardian, or other responsible adult is available; or

A parent or guardian has not objected in writing to the proposed entry, exit, or placement.

Education Code 29.056(a), (d); 19 TAC 89.1220(j), (m), .1240(a)

Participation of Non-LEP Students

Bilingual and ESL Programs

Kindergarten 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(d). [See BILINGUAL EDUCATION PROGRAM MODELS, below]

Post-elementary through grade 8: a district shall offer bilingual education, ESL, or other transitional language instruction approved by TEA.

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]

Education Code 29.053(c), (d), .054; 19 TAC 89.1205

Program Content

Education Code 29.055, .057(b); 19 TAC 89.1210(a)

Bilingual Education Program Models

Transitional bilingual/early exit;

Transitional bilingual/late exit;

Dual language immersion/two-way; or

Dual language immersion/one-way.

19 TAC 89.1210(d)

ESL Program Models

ESL/content-based program model; or

ESL/pull-out program model.

19 TAC 89.1210(g)

Dual Language Immersion Program


Begin at prekindergarten, kindergarten, or grade 1, as applicable;

Continue without interruption incrementally through the elementary grades whenever possible; and

Consider expansion to middle school and high school whenever possible.

19 TAC 89.1227

Minimum Requirements

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.

Be a full-time program of academic instruction in English and another language.

Provide a minimum of 50 percent of instructional time in the language other than English.

Be developmentally appropriate and based on current best practices research.

19 TAC 89.1227


Eligibility criteria;

Program purpose;

Grade levels in which the program will be implemented;

Support of program goals as stated in 19 Administrative Code 89.1210 (Program Content and Design); and

Expectations for students and parents.

19 TAC 89.1228


19 TAC 89.1267

School District Recognition

The district must exceed the minimum requirements stated in 19 Administrative Code 89.1227.

The district must not receive the lowest performance rating in the state accountability system.

The district must not be identified for any stage of intervention for the district's bilingual and/or ESL program under the performance-based monitoring system.

The district must meet the adequate yearly progress participation and performance criteria in reading and mathematics for the English language learner student group under Elementary and Secondary Education Act (ESEA) regulations.

Student Recognition

The student must meet or exceed statewide student assessment passing standards in all subject areas at the appropriate grade level.

The student must meet or exceed expected levels of language proficiency on a recognized language proficiency test from the list of tests approved by the commissioner of education.

19 TAC 89.1269


Cooperation Among Districts

Education Code 29.059; 19 TAC 89.1220(l)

Summer Program

Other Program

Education Code 29.060


Transitional bilingual/early exit program model; or

Transitional bilingual/late exit program model.

Education Code 29.061(b)

Bilingual education for the component of the program provided in a language other than English; and

Bilingual education or English as a second language for the component of the program provided in English.

Education Code 29.061(b-1)–(b-2)

LEP Students and State Assessments

Program Exit

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;

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

TEA-approved criterion-referenced tests and the results of a subjective teacher evaluation.

Education Code 29.056(g)

Notice to Parents

Post-Exit Monitoring

The total amount of time the student was enrolled in bilingual education or special language programs;

The student's grades each grading period in each subject in the foundation curriculum;

The student's performance on state assessment instruments;

The number of credits the student has earned toward high school graduation, if applicable; and

Any disciplinary actions taken against the student under Education Code Chapter 37, Subchapter A.

Education Code 29.0561

PEIMS Reporting Requirements

Demographic information on students enrolled in district bilingual education or special language programs;

The number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; and

The number and percentage of students identified as LEP students who do not receive specialized instruction.

Education Code 29.066(a)

Lumberton ISD



DATE ISSUED: 7/12/2016