|(a) School districts shall by local board policy establish
and operate a language proficiency assessment committee. The school
district shall have on file policy and procedures for the selection,
appointment, and training of members of the language proficiency assessment
(b) The language proficiency assessment committee shall
include an appropriately certified bilingual educator (for students
served through a bilingual education program), an appropriately certified
English as a second language (ESL) educator (for students served through
an ESL program), a parent of an English learner participating in a
bilingual or ESL program, and a campus administrator in accordance
with Texas Education Code (TEC), §29.063.
(c) In addition to the three required members of the
language proficiency assessment committee, the school district may
add other trained members to the committee.
(d) No parent serving on the language proficiency assessment
committee shall be an employee of the school district.
(e) A school district shall establish and operate a
sufficient number of language proficiency assessment committees to
enable them to discharge their duties within four weeks of the enrollment
of English learners.
(f) All members of the language proficiency assessment
committee, including parents, shall be acting for the school district
and shall observe all laws and rules governing confidentiality of
information concerning individual students. The school district shall
be responsible for the orientation and training of all members, including
the parents, of the language proficiency assessment committee.
(g) Upon their initial enrollment and at the end of
each school year, the language proficiency assessment committee shall
review all pertinent information on all English learners identified
in accordance with §89.1225(f) of this title (relating to Testing
and Classification of Students) or §89.1226 of this title (relating
to Testing and Classification of Students, Beginning with School Year
2019-2020) and shall:
(1) designate the language proficiency level of each
English learner in accordance with the guidelines issued pursuant
to §89.1225(b)-(f) or §89.1226(b)-(f) of this title;
(2) designate the level of academic achievement of
each English learner;
(3) designate, subject to parental approval, the initial
instructional placement of each English learner in the required program;
(4) facilitate the participation of English learners
in other special programs for which they are eligible while ensuring
full access to the language program services required under the TEC, §29.053;
(5) reclassify students, at the end of the school year
only, as English proficient in accordance with the criteria described
in §89.1225(i) or §89.1226(i) of this title.
(h) The language proficiency assessment committee shall
give written notice to the student's parent or guardian, advising
that the student has been classified as an English learner and requesting
approval to place the student in the required bilingual education
or ESL program not later than the 10th calendar day after the date
of the student's classification in accordance with TEC, §29.056.
The notice shall include information about the benefits of the bilingual
education or ESL program for which the student has been recommended
and that it is an integral part of the school program.
(i) Before the administration of the state criterion-referenced
test each year, the language proficiency assessment committee shall
determine the appropriate assessment option for each English learner
as outlined in Chapter 101, Subchapter AA, of this title (relating
to Commissioner's Rules Concerning the Participation of English Language
Learners in State Assessments).
(j) Pending parent approval of an English learner's
entry into the bilingual education or ESL program recommended by the
language proficiency assessment committee, the school district shall
place the student in the recommended program. Only English learners
with parent approval who are receiving services will be included in
the bilingual education allotment.
(k) The language proficiency assessment committee shall
monitor the academic progress of each student who has met criteria
for exit in accordance with TEC, §29.056(g), for the first two
years after reclassification. If the student earns a failing grade
in a subject in the foundation curriculum under TEC, §28.002(a)(1),
during any grading period in the first two school years after the
student is reclassified, the language proficiency assessment committee
shall determine, based on the student's second language acquisition
needs, whether the student may require intensive instruction or should
be reenrolled in a bilingual education or special language program.
In accordance with TEC, §29.0561, the language proficiency assessment
committee shall review the student's performance and consider:
(1) the total amount of time the student was enrolled
in a bilingual education or special language program;
(2) the student's grades each grading period in each
subject in the foundation curriculum under TEC, §28.002(a)(1);
(3) the student's performance on each assessment instrument
administered under TEC, §39.023(a) or (c);
(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 TEC, Chapter 37, Subchapter A (Alternative Settings for Behavior
(l) The student's permanent record shall contain documentation
of all actions impacting the English learner.
(1) Documentation shall include:
(A) the identification of the student as an English
(B) the designation of the student's level of language
(C) the recommendation of program placement;
(D) parental approval of entry or placement into the
(E) the dates of entry into, and placement within,
(F) assessment information as outlined in Chapter 101,
Subchapter AA, of this title;
(G) additional instructional interventions provided
to address the specific language needs of the student;
(H) the date of exit from the program and parental
(I) the results of monitoring for academic success,
including students formerly classified as English learners, as required
under the TEC, §29.063(c)(4); and
(J) the home language survey.
(2) Current documentation as described in paragraph
(1) of this subsection shall be forwarded in the same manner as other
student records to another school district in which the student enrolls.
(m) A school district may identify, exit, or place
a student in a program without written approval of the student's parent
or guardian if:
(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 e-mail that is documented in writing
and retained; or
(3) an adult who the school 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.
|Source Note: The provisions of this §89.1220 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; 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; amended to be effective July 15, 2018, 43 TexReg 4731