| (a) Each school district required to offer a bilingual
education or English as a second language (ESL) program shall provide
each emergent bilingual student the opportunity to be enrolled in
the required program at his or her grade level. Each student's level
of proficiency shall be designated by the language proficiency assessment
committee (LPAC) in accordance with §89.1220(g) of this title
(relating to Language Proficiency Assessment Committee). The school
district shall accommodate the instruction, pacing, and materials
to ensure that emergent bilingual students have a full opportunity
to master the essential knowledge and skills of the required curriculum,
which includes the Texas Essential Knowledge and Skills (TEKS) and
English language proficiency standards (ELPS). Students participating
in the bilingual education program may demonstrate their mastery of
the essential knowledge and skills in either their primary language
or in English for each content area.
(1) A bilingual education program of instruction established
by a school district shall be a full-time program of dual-language
instruction (English and primary language) that provides for learning
academic and literacy skills in the primary language of the students
enrolled in the program and for carefully structured and sequenced
mastery of English language skills under Texas Education Code (TEC),
§29.055(a).
(2) An ESL program of instruction established by a
school district shall be a program of intensive instruction in English
in which ESL teachers recognize and address language differences in
accordance with TEC, §29.055(a).
(b) The bilingual education program and ESL program
shall be integral parts of the general educational program required
under Chapter 74 of this title (relating to Curriculum Requirements)
to include foundation and enrichment areas, ELPS, and college and
career readiness standards. In bilingual education programs, school
districts shall purchase instructional materials in both program languages
with the district's instructional materials allotment or otherwise
acquire instructional materials for use in bilingual education classes
in accordance with TEC, §31.029(a). Instructional materials for
bilingual education programs on the list adopted by the commissioner
of education, as provided by TEC, §31.0231, may be used as curriculum
tools to enhance the learning process. The school district shall provide
for ongoing coordination between the bilingual/ESL program and the
general educational program. The bilingual education and ESL programs
shall address the affective, linguistic, and cognitive needs of emergent
bilingual students as follows.
(1) Affective.
(A) Emergent bilingual students in a bilingual program
shall be provided instruction using content-based language instructional
methods and/or their primary language to acclimate students to the
school environment and to develop academic language skills, which
instills confidence, self-assurance, and a positive identity with
their cultural heritages. The program shall be designed to consider
the students' learning experiences and shall incorporate the cultural
aspects of the students' backgrounds in accordance with TEC, §29.055(b).
(B) Emergent bilingual students in an ESL program shall
be provided instruction using content-based language instructional
methods in English to acclimate students to the school environment
and to develop academic language skills, which instills confidence,
self-assurance, and a positive identity with their cultural heritages.
The program shall be designed to incorporate the students' primary
languages and learning experiences and shall incorporate the cultural
aspects of the students' backgrounds in accordance with TEC, §29.055(b).
(2) Linguistic.
(A) Emergent bilingual students in a bilingual program
shall be provided targeted and intentional academic language instruction
to develop proficiency in listening, speaking, reading, and writing
in both English and their primary language. The instruction in both
languages shall be structured to ensure that the students master the
required essential knowledge and skills and higher-order thinking
skills in all subjects, providing individualized linguistically accommodated
content instruction commensurate with the students' language proficiency
levels. The ELPS student expectations are provided for English development
in conjunction with the TEKS.
(B) Emergent bilingual students in an ESL program shall
be provided targeted and intentional academic language instruction
to develop proficiency in listening, speaking, reading, and writing
in the English language. The instruction in academic content areas
shall be structured to ensure that the students master the required
essential knowledge and skills and higher-order thinking skills in
all subjects, providing individualized linguistically accommodated
content instruction commensurate with the students' language proficiency
levels. The ELPS student expectations are provided for English development
in conjunction with the TEKS.
(3) Cognitive.
(A) Emergent bilingual students in a bilingual program
shall be provided instruction in reading and language arts, mathematics,
science, and social studies in both their primary language and English,
using content-based language instructional methods in either their
primary language, English, or both, depending on the program model(s)
implemented by the district. The content area instruction in both
languages shall be structured to ensure that the students master the
required essential knowledge and skills and higher-order thinking
skills in all subjects.
(B) Emergent bilingual students in an ESL program shall
be provided instruction in English in reading and language arts, mathematics,
science, and social studies using content-based language instructional
methods. The instruction in academic content areas shall be structured
to ensure that the students master the required essential knowledge
and skills and higher-order thinking skills.
(c) The bilingual education program shall be implemented
through at least one of the following program models.
(1) Transitional bilingual/early exit is a bilingual
program model in which students identified as emergent bilingual students
are served in both English and the students' primary language and
are prepared to meet reclassification criteria to be successful in
English instruction with no second language acquisition supports not
earlier than two or later than five years after the student enrolls
in school. Instruction in this program is delivered by a teacher appropriately
certified in bilingual education under TEC, §29.061(b)(1), for
the assigned grade level and content area. The goal of early-exit
transitional bilingual education is for program participants to use
their primary language as a resource while acquiring full proficiency
in English. This model provides instruction in literacy and academic
content through the medium of the students' primary language and English
using content-based language instruction methods.
(2) Transitional bilingual/late exit is a bilingual
program model in which students identified as emergent bilingual students
are served in both English and the students' primary language and
are prepared to meet reclassification criteria to be successful in
English instruction with no second language acquisition supports not
earlier than six or later than seven years after the student enrolls
in school. Instruction in this program is delivered by a teacher appropriately
certified in bilingual education under TEC, §29.061(b)(2), for
the assigned grade level and content area. The goal of late-exit transitional
bilingual education is for program participants to use their primary
language as a resource while acquiring full proficiency in English.
This model provides instruction in literacy and academic content through
the medium of the students' primary language and English through content-based
language instruction.
(3) Dual language immersion/one-way is a bilingual/biliteracy
program model in which students identified as emergent bilingual students
are served in both English and the program's partner language and
are prepared to meet reclassification criteria in order to be successful
in English instruction with no second language acquisition supports
not earlier than six or later than seven years after the student enrolls
in school. Instruction provided in the partner language and English
is delivered by a teacher appropriately certified in bilingual education
under TEC, §29.061. When the instructional time for both the
partner language and English is 50%, a paired-teaching arrangement
may be utilized in which instruction provided in English may be delivered
either by a teacher appropriately certified in bilingual education
or by a different teacher certified in ESL in accordance with TEC,
§29.061. The goal of one-way dual language immersion is for program
participants to attain bilingualism and biliteracy in English and
the partner language. This model provides ongoing instruction in literacy
and academic content through content-based language instruction in
English as well as the students' primary language, with at least half
of the instruction delivered in the students' primary language for
the duration of the program.
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