(a) The requirements of this subsection are applicable when
either the elementary school or the middle school located nearest to the facility
or proposed facility provides a bilingual education program as required by
Education Code, Chapter 29, Subchapter B, and 19 Texas Administrative Code
(TAC) §89.1205(a) (relating to Required Bilingual Education and English
as a Second Language Programs), or if either school has waived out of such
a required bilingual education program under the provisions of 19 TAC §89.1205(g).
Schools not governed by the provisions of 19 TAC §89.1205 shall not be
considered in determining applicability of the requirements of this section.
Each affected facility shall meet the following requirements.
(1) At the applicant's expense, an additional notice shall
be published at least once in each alternate language in which the bilingual
education program is taught. If the nearest elementary or middle school has
waived out of the requirements of 19 TAC §89.1205(a) under 19 TAC §89.1205(g),
the notice shall be published in the alternate languages in which the bilingual
education program would have been taught had the school not waived out of
the bilingual education program.
(2) Each notice under this section shall be published
in a newspaper or publication that is published in the alternate language
in which public notice is required.
(3) The newspaper or publication must be of general circulation
in the municipality or county in which the facility is located or proposed
to be located.
(4) The requirements of this section are waived for each
language in which no publication exists, or if the publishers of all alternate
language publications refuse to publish the notice.
(5) Notice under this subsection shall only be required
to be published within the United States.
(6) If the alternate language publication is published
less frequently than once a month, this notice requirement may be waived by
the executive director on a case-by-case basis.
(7) Each alternate language publication shall follow the
requirements of §122.320 of this title (relating to Public Notice) not
otherwise inconsistent with this subsection.
(8) At the applicant's expense, an additional sign shall
be posted in each alternate language in which the bilingual education program
is taught. If the nearest elementary or middle school has waived out of the
requirements of 19 TAC §89.1205(a) under 19 TAC §89.1205(g), the
alternate language signs shall be posted in the alternate languages in which
the bilingual education program would have been taught had the school not
waived out of the bilingual education program.
(9) The alternate language signs shall be posted adjacent
to each English language sign required in public notice.
(10) The alternate language signs shall meet all other
requirements of §122.320 of this title.
(b) Elementary or middle schools that offer English as a second
language under 19 TAC §89.1205(d), and are not otherwise affected by
19 TAC §89.1205(a), will not trigger the requirements of subsection (a)
of this section.
(c) If the notices required by §122.320 of this title
and §122.340 of this title (relating to Notice and Comment Hearing) are
combined, the combined notice is subject to the requirements of this section.
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