(a) For identifying limited English proficient students, 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 measure, or another test approved by TEA, unless the norm-referenced
measure is not valid in accordance with subsection (f)(2)(C) of this section.
(b) Districts which provide a bilingual education program shall
administer an oral language proficiency test in the home language of the students
who are eligible for being served in the bilingual education program. If the
home language of the students is Spanish, the district shall administer the
Spanish version of the TEA-approved oral language proficiency test which was
administered in English. If the home language of the students is other than
Spanish, the district shall determine the students' 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 which shall
identify a student as limited English proficient shall be established by 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 within four weeks of their enrollment.
Norm-referenced assessment instruments, however, may be administered within
the established norming period.
(f) For entry into a bilingual education or English as a second
language program, a student shall be identified as limited English proficient
using the following criteria.
(1) At prekindergarten through Grade 1, the 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) At 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 reading and language arts sections
of the TEA-approved norm-referenced measure 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 assessment instrument or other
test approved by 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.
(g) Within the four weeks of their initial enrollment in the
district, students shall be identified as limited English proficient 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 limited English proficient and enrolled in the required bilingual
education or English as a second language program within four weeks 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 regular, all-English, instructional program.
(1) This determination shall be based upon tests that measure
the extent to which the student has developed oral and written language proficiency
and specific language skills in both the student's primary language (for students
enrolled in bilingual education) and English, and one of the following:
(A) meeting state performance standards for the English language
criterion-referenced assessment instrument for reading and writing (when available)
required in the Texas Education Code (TEC), §39.023, at grade level;
or
(B) scoring at or above the 40th percentile on both the English
reading and the English language arts sections of a TEA-approved norm-referenced
assessment instrument.
(2) In making this determination, districts shall also consider
other indications of a student's overall progress, including criterion-referenced
test scores, subjective teacher evaluation, and parental evaluation.
(i) A student may not be exited from the bilingual education
or English as a second language program in prekindergarten through Grade 1.
A district must ensure that limited English proficient students are prepared
to meet academic standards required by 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
of the criterion-referenced assessment instrument required in the Texas Education
Code, §39.023, for the grade level as applicable; and
(2) the student has passing grades in all subjects and courses
taken.
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