| (a) The single state-approved English language proficiency
test for identification of emergent bilingual students described in
subsection (c) of this section shall be used as part of the standardized,
statewide identification process.
(b) Within four calendar weeks of initial enrollment
in a Texas public school, a student with a language other than English
indicated on the home language survey shall be administered the state-approved
English language proficiency test for identification as described
in subsection (c) of this section and shall be identified as emergent
bilingual and recommended for placement into the required bilingual
education or English as a second language (ESL) program in accordance
with the criteria listed in subsection (f) of this section.
(c) To identify emergent bilingual students, 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, the listening
and speaking components of the state-approved English language proficiency
test for identification; and
(2) in Grades 2-12, the listening, speaking, reading,
and writing components of the state-approved English language proficiency
test for identification.
(d) School districts that provide a bilingual education
program at the elementary grades shall administer a language proficiency
test in the primary language of the student who is eligible to be
served in the bilingual education program. If the primary language
of the student is Spanish, the school district shall administer the
Spanish version of the state-approved language proficiency test for
identification. If a state-approved language proficiency test for
identification is not available in the primary language of the student,
the school district shall determine the student's level of proficiency
using informal oral language assessment measures.
(e) All language proficiency testing shall be administered
by professionals or paraprofessionals who are proficient in the language
of the test and trained in the language proficiency testing requirements
of the test publisher.
(f) For placement into a bilingual education or ESL
program, a student shall be identified as emergent bilingual using
the following criteria.
(1) In prekindergarten through Grade 1, the student's
score(s) from the listening and/or speaking components on the state-approved
English language proficiency test for identification is/are below
the level designated for indicating English proficiency.
(2) In Grades 2-12, the student's score(s) from the
listening, speaking, reading, and/or writing components on the state-approved
English language proficiency test for identification is/are below
the level designated for indicating English proficiency.
(g) A student shall be identified as emergent bilingual
if the student's beginning English language skills interfere with
the completion of the English language proficiency assessment described
in subsection (c) of this section.
(h) The language proficiency assessment committee (LPAC),
in conjunction with the admission, review, and dismissal (ARD) committee,
shall identify a student as emergent bilingual if the student's disabilities
interfere with the completion of the English language proficiency
assessment described in subsection (c) of this section. The decision
for placement into a bilingual education or ESL program shall be recommended
by the LPAC, in conjunction with the ARD committee, in accordance
with §89.1220(f) of this title (relating to Language Proficiency
Assessment Committee), ensuring access to both the bilingual education
or ESL program and the special education and related services needed
to provide a free, appropriate public education as identified in the
student's individualized education program.
(i) An emergent bilingual student may be reclassified
as English proficient only at the end of the school year in which
a student routinely demonstrates readiness for reclassification as
English proficient and the ability to successfully participate in
grade level content instruction that is delivered with no second language
acquisition supports. This determination shall be based upon all of
the following:
(1) a composite proficiency rating, which includes
ratings in the areas of listening, speaking, reading, and writing,
on the state-approved English language proficiency test for reclassification
that is designated for indicating English proficiency;
(2) passing standard met on the reading assessment
instrument under Texas Education Code (TEC), §39.023(a), or,
for students at grade levels not assessed by the aforementioned reading
assessment instrument, a score at or above the 40th percentile on
both the English reading and the English language arts sections of
the state-approved norm-referenced standardized achievement instrument;
and
(3) the results of a subjective teacher evaluation
using the state's standardized rubric.
(j) An emergent bilingual student may not be reclassified
as English proficient in prekindergarten or Kindergarten. A school
district must ensure that emergent bilingual students are prepared
to meet academic standards required by TEC, §28.0211.
(k) An emergent bilingual student may not be reclassified
as English proficient if the LPAC has recommended designated supports
or accommodations on the state reading assessment instrument based
on the student's second language acquisition needs. Designated supports
or accommodations for non-linguistic purposes that are recommended
for student use by any other committee, including the ARD committee
for students served in special education, do not prevent the student
from being eligible to reclassify.
(l) For emergent bilingual students who are also eligible
for special education services, the standardized process for emergent
bilingual student reclassification is followed in accordance with
applicable provisions of subsection (i) of this section. However,
annual meetings to review student progress and make recommendations
for reclassification must be made in all instances by the LPAC, in
conjunction with the ARD committee, in accordance with §89.1230(b)
of this title (relating to Eligible Students with Disabilities). Additionally,
the LPAC, in conjunction with the ARD committee, shall determine participation
and designated support or accommodation decisions on state criterion-referenced
and English language proficiency assessments that differentiate between
language proficiency and disabling conditions in accordance with §89.1230(a)
of this title.
(m) For an emergent bilingual student with a significant
cognitive disability, the LPAC, in conjunction with the ARD committee,
may recommend that the state's criterion-referenced and English language
proficiency assessments used for reclassification are not appropriate
because of the nature of the student's disabling condition. In these
cases, the LPAC, in conjunction with the ARD committee, may recommend
that the student take the state's alternate criterion-referenced and
alternate English language proficiency assessments. Additionally,
the LPAC, in conjunction with the ARD committee, may utilize the individualized
reclassification process to determine appropriate performance standard
requirements for the state standardized reading assessment and English
language proficiency assessment by language domain under subsection
(i)(1) of this section and utilize the results of a subjective teacher
evaluation using the state's standardized alternate rubric.
(n) Notwithstanding §101.101 of this title (relating
to Group-Administered Tests), all tests used for the purpose of identification
and reclassification of students and approved by TEA must be re-normed
at least every eight years.
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