| (a) For identifying English language learners, school
districts shall administer to each student who has a language other
than English as identified on the home language survey:
(1) in prekindergarten through Grade 1, an oral language
proficiency test approved by the Texas Education Agency (TEA); and
(2) in Grades 2-12, a TEA-approved oral language proficiency
test and the English reading and English language arts sections from
a TEA-approved norm-referenced assessment, or another test approved
by the TEA, unless the norm-referenced standardized achievement instrument
is not valid in accordance with subsection (f)(2)(C) of this section.
(b) School districts that provide a bilingual education
program shall administer an oral language proficiency test in the
home language of the student who is eligible to be served in the bilingual
education program. If the home language of the student is Spanish,
the school district shall administer the Spanish version of the TEA-approved
oral language proficiency test that was administered in English. If
the home language of the student is other than Spanish, the school
district shall determine the student's level of proficiency using
informal oral language assessment measures.
(c) All the oral language proficiency testing shall
be administered by professionals or paraprofessionals who are proficient
in the language of the test and trained in language proficiency testing.
(d) The grade levels and the scores on each test that
shall identify a student as an English language learner shall be established
by the TEA. The commissioner of education shall review the approved
list of tests, grade levels, and scores annually and update the list.
(e) Students with a language other than English shall
be administered the required oral language proficiency test in prekindergarten
through Grade 12 and norm-referenced standardized achievement instrument
in Grades 2-12 within 20 school days of their enrollment.
(f) For entry into a bilingual education or English
as a second language program, a student shall be identified as an
English language learner using the following criteria.
(1) In prekindergarten through Grade 1, the student's
score on the English oral language proficiency test is below the level
designated for indicating limited English proficiency under subsection
(d) of this section.
(2) In Grades 2-12:
(A) the student's score on the English oral language
proficiency test is below the level designated for indicating limited
English proficiency under subsection (d) of this section;
(B) the student's score on the English reading and/or
English language arts sections of the TEA-approved norm-referenced
standardized achievement instrument at his or her grade level is below
the 40th percentile; or
(C) the student's ability in English is so limited
that the administration, at his or her grade level, of the reading
and language arts sections of a TEA-approved norm-referenced standardized
achievement instrument or other test approved by the TEA is not valid.
(3) In the absence of data required in paragraph (2)(B)
of this subsection, evidence that the student is not academically
successful as defined in subsection (j) of this section is required.
(4) The admission review and dismissal (ARD) committee
in conjunction with the language proficiency assessment committee
shall determine an appropriate assessment instrument and designated
level of performance for indicating limited English proficiency as
required under subsection (d) of this section for students for whom
those tests would be inappropriate as part of the individualized education
program (IEP). The decision for entry into a bilingual education or
English as a second language program shall be determined by the ARD
committee in conjunction with the language proficiency assessment
committee in accordance with §89.1220(g) of this title (relating
to Language Proficiency Assessment Committee).
(g) Within 20 school days of their initial enrollment
in the school district, students shall be identified as English language
learners and enrolled into the required bilingual education or English
as a second language program. Prekindergarten and kindergarten students
preregistered in the spring shall be identified as English language
learners and enrolled in the required bilingual education or English
as a second language program within 20 school days of the start of
the school year in the fall.
(h) For exit from a bilingual education or English
as a second language program, a student may be classified as English
proficient at the end of the school year in which a student would
be able to participate equally in a general education, all-English
instructional program. This determination shall be based upon all
of the following:
(1) TEA-approved tests that measure 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 the Texas Education Code (TEC), §39.023(a),
or a TEA-approved English language arts assessment instrument administered
in English, or a score at or above the 40th percentile on both the
English reading and the English language arts sections of a TEA-approved
norm-referenced standardized achievement instrument for a student
who is enrolled in Grade 1 or 2; and
(3) TEA-approved criterion-referenced written tests
when available, or other TEA-approved tests when criterion-referenced
tests are not available, and the results of a subjective teacher evaluation.
(i) A student may not be exited from the bilingual
education or English as a second language program in prekindergarten
or kindergarten. A school district must ensure that English language
learners are prepared to meet academic standards required by the TEC, §28.0211.
(j) For determining whether a student who has been
exited from a bilingual education or English as a second language
program is academically successful, the following criteria shall be
used at the end of the school year:
(1) the student meets state performance standards in
English on the criterion-referenced assessment instrument required
in the TEC, §39.023, for the grade level as applicable; and
(2) the student has passing grades in all subjects
and courses taken.
(k) The ARD committee in conjunction with the language
proficiency assessment committee shall determine an appropriate assessment
instrument and performance standard requirement for exit under subsection
(h) of this section for students for whom those tests would be inappropriate
as part of the IEP. The decision to exit a student who receives both
special education and special language services from the bilingual
education or English as a second language program is determined by
the ARD committee in conjunction with the language proficiency assessment
committee in accordance with applicable provisions of subsection (h)
of this section.
(l) Notwithstanding §101.101 of this title (relating
to Group-Administered Tests), all tests used for the purpose of identification,
exit, and placement of students and approved by the TEA must be re-normed
at least every eight years.
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| Source Note: The provisions of this §89.1225 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822 |
