(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
committee(s).
(b) In school districts required to provide a bilingual
education program, the language proficiency assessment committee shall
be composed of the membership described in the Texas Education Code
(TEC), §29.063. If the school district does not have an individual
in one or more of the school job classifications required, the school
district shall designate another professional staff member to serve
on the language proficiency assessment committee. The school district
may add other members to the committee in any of the required categories.
(c) In school districts and grade levels not required
to provide a bilingual education program, the language proficiency
assessment committee shall be composed of one or more professional
personnel, a campus administrator, and a parent of an English language
learner participating in the program designated by the school district.
(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 20 school days of the
enrollment of English language 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 language learners
identified in accordance with §89.1225(f) of this title (relating
to Testing and Classification of Students), and shall:
(1) designate the language proficiency level of each
English language learner in accordance with the guidelines issued
pursuant to §89.1210(b) and (e) of this title (relating to Program
Content and Design);
(2) designate the level of academic achievement of
each English language learner;
(3) designate, subject to parental approval, the initial
instructional placement of each English language learner in the required
program;
(4) facilitate the participation of English language
learners in other special programs for which they are eligible provided
by the school district with either state or federal funds; and
(5) classify students as English proficient in accordance
with the criteria described in §89.1225(h) of this title, and
recommend their exit from the bilingual education or English as a
second language program.
(h) 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 language
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).
(i) The language proficiency assessment committee shall
give written notice to the student's parent advising that the student
has been classified as an English language learner and requesting
approval to place the student in the required bilingual education
or English as a second language program. The notice shall include
information about the benefits of the bilingual education or English
as a second language program for which the student has been recommended
and that it is an integral part of the school program.
(j) Pending parent approval of an English language
learner's entry into the bilingual education or English as a second
language program recommended by the language proficiency assessment
committee, the school district shall place the student in the recommended
program, but may count only English language learners with parental
approval for the bilingual education allotment.
(k) The language proficiency assessment committee shall
monitor the academic progress of each student who has exited from
a bilingual or English as a second language program during the first
two years after exiting in accordance with the TEC, §29.0561.
(l) The student's permanent record shall contain documentation
of all actions impacting the English language learner.
(1) Documentation shall include:
(A) the identification of the student as an English
language learner;
(B) the designation of the student's level of language
proficiency;
(C) the recommendation of program placement;
(D) parental approval of entry or placement into the
program;
(E) the dates of entry into, and placement within,
the program;
(F) assessment information as outlined in Chapter 101,
Subchapter AA, of this title;
(G) additional instructional interventions provided
to students to ensure adequate yearly progress;
(H) the date of exit from the program and parental
approval; and
(I) the results of monitoring for academic success,
including students formerly classified as English language learners,
as required under the TEC, §29.063(c)(4).
(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) reasonable attempts to inform and obtain permission
from a parent or guardian have been made and documented;
(3) approval is obtained from:
(A) an adult who the school district recognizes as
standing in parental relation to the student, including a foster parent
or employee of a state or local governmental agency with temporary
possession or control of the student; or
(B) the student, if no parent, guardian, or other responsible
adult is available; or
(4) a parent or guardian has not objected in writing
to the proposed entry, exit, or placement.
|
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 |