| (a) The single state-approved English language proficiency
test for identification of English learners described in subsection
(c) of this section shall be used as part of the standardized, statewide
identification process.
(b) Within four weeks of initial enrollment in a Texas
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 English
learners and placed into the required bilingual education or ESL program
in accordance with the criteria listed in subsection (f) of this section.
(c) For identifying English learners, 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 of the 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 entry into a bilingual education or ESL program,
a student shall be identified as an English learner 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 an English learner
if the student's ability in English is so limited that the English
language proficiency assessment described in subsection (c) of this
section cannot be administered.
(h) The language proficiency assessment committee in
conjunction with the admission, review, and dismissal (ARD) committee
shall identify a student as an English learner if the student's ability
in English is so limited or the student's disabilities are so severe
that the English language proficiency assessment described in subsection
(c) of this section cannot be administered. The decision for entry
into a bilingual education or ESL program shall be determined by the
language proficiency assessment committee in conjunction with the
ARD committee in accordance with §89.1220(f) of this title (relating
to Language Proficiency Assessment Committee).
(i) An English learner may be reclassified as English
proficient only at the end of the school year in which a student would
be able to participate equally in a general education, all-English
instructional program. This determination shall be based upon all
of the following:
(1) a proficiency rating on the state-approved English
language proficiency test for reclassification that is designated
for indicating English proficiency in each the four language domains
(listening, speaking, reading, and writing);
(2) passing standard met on the reading assessment
instrument under the 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 English learner may not be reclassified as English
proficient in prekindergarten or kindergarten. A school district must
ensure that English learners are prepared to meet academic standards
required by the TEC, §28.0211.
(k) An English learner may not be reclassified as English
proficient if the language proficiency assessment committee has recommended
designated supports or accommodations on the state reading assessment
instrument based on the student's second language acquisition needs.
(l) For English learners who are also eligible for
special education services, the standardized process for English learner
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 language proficiency assessment committee
in conjunction with the ARD committee in accordance with §89.1230(b)
of this title (relating to Eligible Students with Disabilities). Additionally,
the language proficiency assessment committee in conjunction with
the ARD committee shall implement assessment procedures that differentiate
between language proficiency and disabling conditions in accordance
with §89.1230(a) of this title.
(m) For an English learner with a significant cognitive
disability, the language proficiency assessment committee in conjunction
with the ARD committee may determine that the state's English language
proficiency assessment for reclassification is not appropriate because
of the nature of the student's disabling condition. In these cases,
the language proficiency assessment committee in conjunction with
the ARD committee may recommend that the student take the state's
alternate English language proficiency assessment, determine an appropriate
performance standard requirement for reclassification 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,
reclassification, and placement of students and approved by the TEA
must be re-normed at least every eight years.
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