| (a) The parent shall be notified in English and the
parent's primary language that their child has been identified as
an emergent bilingual student and recommended for placement in the
required bilingual education or English as a second language (ESL)
program using the Texas Education Agency (TEA)-developed identification
and placement letter. The parent shall be provided information describing
the bilingual education or ESL program recommended, its benefits and
goals, and its being an integral part of the school program to ensure
that the parent understands the purposes and content of the program
and their parental rights. Procedures for parental approval include
the following.
(1) The placement of a student in the bilingual education
or ESL program must be approved in writing by the student's parent,
or through allowable alternatives described in §89.1220(m) of
this title (relating to Language Proficiency Assessment Committee),
in order to have the student included in the bilingual education allotment.
(2) The parent's approval shall be considered valid
for the student's continued participation in the required bilingual
education or ESL program until the student meets the reclassification
criteria described in §89.1226(i) of this title (relating to
Testing and Classification of Students), the student graduates from
high school, or a change occurs in program placement. A change between
bilingual education and ESL program placement requires new parental
approval using the TEA-developed change in placement letter.
(3) If a parent denies program placement at any point,
the TEA-developed denial letter shall be used to ensure parents are
informed of the implications of program denial, including understanding
that the child will continue to be identified as an emergent bilingual
student and will continue to be assessed annually using the Texas
English Language Proficiency Assessment System (TELPAS) until reclassification
criteria have been met.
(b) The school district shall use the TEA-developed
letter to give written notification to the student's parent of the
student's reclassification as English proficient and acquire written
approval for his or her exit from the bilingual education or ESL program
as required under Texas Education Code, §29.056(a). Students
meeting reclassification criteria who have been recommended for exit
by the language proficiency assessment committee (LPAC) may only exit
the bilingual education or ESL program with parental approval. Parental
approval is also required for students participating in a dual language
immersion program who have met reclassification criteria and for whom
the LPAC has recommended continued program participation as an English
proficient student.
(c) The parent of a student enrolled in a school district
that is required to offer bilingual education or ESL programs may
appeal to the commissioner of education if the school district fails
to comply with the law or the rules. Appeals shall be filed in accordance
with Chapter 157 of this title (relating to Hearings and Appeals).
|
| Source Note: The provisions of this §89.1240 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247 |
