(a) In Kindergarten-Grade 12, an emergent bilingual
(EB) student, as defined by Texas Education Code (TEC), Chapter 29,
Subchapter B, as a student whose primary language is other than English
and whose English language skills are such that the student has difficulty
performing ordinary classwork, shall be administered state English
language proficiency assessments annually in listening, speaking,
reading, and writing to fulfill state requirements under 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 EB
student in Grades 2-12 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, and meet the participation
requirements for the alternate English language proficiency assessment
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 EB student 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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Source Note: The provisions of this §101.1003 adopted to be effective December 22, 2011, 36 TexReg 8521; amended to be effective May 31, 2020, 45 TexReg 3439; amended to be effective September 24, 2024, 49 TexReg 7635 |