| (F) an assurance that the school district will take
actions to ensure that the program required under §89.1205(c)
of this title will be provided the subsequent year, including its
plans for recruiting an adequate number of appropriately certified
teachers to eliminate the need for subsequent waivers as required
by TEC, §29.054(b)(4); and
(G) an assurance that the school district shall satisfy
the additional reporting requirements described in §89.1265(c)
of this title.
(2) Documentation. A school district submitting an
ESL waiver shall maintain written records of all documents supporting
the submission and assurances listed in paragraph (1) of this subsection,
including:
(A) a description of the proposed alternative language
program designed to meet the affective, linguistic, and cognitive
needs of the emergent bilingual students;
(B) the name and teaching assignment, per campus, of
each teacher who is assigned to implement the ESL program and is under
a waiver and the estimated date for the completion of the ESL supplemental
certification, which must be completed by the end of the school year
for which the waiver was requested;
(C) a copy of the school district's comprehensive professional
development plan;
(D) a copy of the bilingual allotment budget documenting
that a minimum of 10% of the funds were used to fund the comprehensive
professional development plan; and
(E) a description of the actions taken to recruit an
adequate number of appropriately certified teachers.
(3) Approval of waivers. ESL waivers will be granted
by the commissioner if the requesting school district:
(A) meets or exceeds the state average for emergent
bilingual student performance on the required state assessments; or
(B) meets the requirements and measurable targets of
the action plan described in paragraph (1)(G) of this subsection submitted
the previous year and approved by TEA.
(4) Denial of waivers. A school district denied an
ESL program waiver must submit to the commissioner a detailed action
plan for complying with required regulations for the following school
year.
(5) Appeals. A school district denied an ESL waiver
may appeal to the commissioner or the commissioner's designee. The
decision of the commissioner or commissioner's designee is final and
may not be appealed further.
(6) Special accreditation investigation. The commissioner
may authorize a special accreditation investigation under TEC, §39.057,
if a school district is denied an ESL waiver for more than three consecutive
years.
(7) Sanctions. Based on the results of a special accreditation
investigation, the commissioner may take appropriate action under
TEC, §39.102.
|
| Source Note: The provisions of this §89.1207 adopted to be effective September 17, 2007, 32 TexReg 6311; 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 |
