| (a) In Kindergarten-Grade 12, an English learner (EL),
as defined by the Texas Education Code (TEC), Chapter 29, Subchapter
B, as a student of limited English proficiency, shall be administered
state-identified English language proficiency assessments annually
in listening, speaking, reading, and writing to fulfill state requirements
under the TEC, Chapter 39, Subchapter B, and federal requirements.
(b) In rare cases, the admission, review, and dismissal
(ARD) committee in conjunction with the language proficiency assessment
committee (LPAC) may determine that it is not appropriate for an EL
who receives special education services to participate in the general
English language proficiency assessment required by subsection (a)
of this section for reasons associated with the student's particular
disability.
(1) Students with the most significant cognitive disabilities
who cannot participate in the general English language proficiency
assessment, even with allowable accommodations, shall participate
in the alternate English language proficiency assessment to meet federal
requirements.
(2) The ARD committee shall document the decisions
and justifications in the student's individualized education program,
and the LPAC shall document the decisions and justifications in the
student's permanent record file.
(c) In the case of an EL who receives special education
services, the ARD committee in conjunction with the LPAC shall determine
and document the need for allowable testing accommodations in accordance
with administrative procedures established by the Texas Education
Agency.
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