| (a) Bilingual education program.
(1) Exceptions. A school district that is unable to
provide a bilingual education program as required by §89.1205(a)
of this title (relating to Required Bilingual Education and English
as a Second Language Programs) because of an insufficient number of
appropriately certified teachers shall request from the commissioner
of education an exception to the bilingual education program and the
approval of a temporary alternative language program as defined in
§89.1203(1) of this title (relating to Definitions) that aligns
as closely as possible to the required bilingual program. Emergent
bilingual students with parental approval for program participation
under a bilingual education exception will be included in the bilingual
education allotment designated for an alternative language program.
The approval of an exception to the bilingual education program shall
be valid only during the school year for which it was granted. A request
for a bilingual education program exception must be submitted by November
1 and shall include:
(A) a statement of the reasons the school district
is unable to provide a sufficient number of appropriately certified
teachers to offer the bilingual education program with supporting
documentation as described in Texas Education Code (TEC), §29.054(b)(1),
(2), and (3);
(B) a description of the alternative language program
and methods to meet the affective, linguistic, and cognitive needs
of the emergent bilingual students, including the manner through which
the students will be given opportunity to master the essential knowledge
and skills required by Chapter 74 of this title (relating to Curriculum
Requirements) to include foundation and enrichment areas, English
language proficiency standards (ELPS), and college and career readiness
standards (CCRS);
(C) an assurance that appropriately certified teachers
available in the school district will be assigned to grade levels
beginning at prekindergarten followed successively by subsequent grade
levels to ensure effective early literacy development and that the
linguistic and academic needs of emergent bilingual students with
beginning and intermediate levels of English proficiency are served
on a priority basis;
(D) an assurance that the school district will implement
a comprehensive professional development plan that:
(i) is ongoing and targets the development of the knowledge,
skills, and competencies needed to serve the needs of emergent bilingual
students;
(ii) includes the teachers who are not certified or
not appropriately certified who are assigned to implement the temporary
alternative language program that aligns closely to the required bilingual
program; and
(iii) may include additional teachers who work with
emergent bilingual students;
(E) an assurance that at least 10% of the total bilingual
education allotment shall be used to fund the comprehensive professional
development plan required under subparagraph (D) of this paragraph
when applying for a bilingual education exception, an English as a
second language (ESL) waiver, or both;
(F) an assurance that the school district will take
actions to ensure that the program required under §89.1205(a)
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 exceptions and measurable
targets for the subsequent year 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 (relating to Program Evaluation).
(2) Documentation. A school district submitting a bilingual
education exception 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 number of teachers for whom a bilingual education
exception is needed by grade level and per campus;
(C) a copy of the school district's comprehensive professional
development plan; and
(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.
(3) Approval of exceptions. Bilingual education program
exceptions 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;
(B) meets the requirements and measurable targets of
the action plan described in paragraph (1)(F) of this subsection submitted
the previous year and approved by the Texas Education Agency (TEA);
or
(C) reduces by 25% the number of teachers under exception
for bilingual programs when compared to the number of exceptions granted
the previous year.
(4) Denial of exceptions. A school district denied
a bilingual education program exception 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 a bilingual education
program exception 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 a bilingual education program exception
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.
(b) ESL program.
(1) Waivers. A school district that is unable to provide
an ESL program as required by §89.1205(c) of this title because
of an insufficient number of appropriately certified teachers shall
request from the commissioner a waiver of the certification requirements
for each teacher who will provide instruction in ESL for emergent
bilingual students and the approval of a temporary alternative language
program as defined in §89.1203(1) of this title that aligns closely
to the required ESL program. Emergent bilingual students with parental
approval for program participation under an ESL waiver will be included
in the bilingual education allotment designated for an alternative
language program. The approval of a waiver of certification requirements
shall be valid only during the school year for which it was granted.
A request for an ESL program waiver must be submitted by November
1 and shall include:
(A) a statement of the reasons the school district
is unable to provide a sufficient number of appropriately certified
teachers to offer the ESL program as described in TEC, §29.054(b)(1),
(2), and (3);
(B) a description of the alternative language program,
including the manner in which the teachers in the ESL program will
meet the affective, linguistic, and cognitive needs of the emergent
bilingual students, including the manner through which the students
will be given opportunity to master the essential knowledge and skills
required by Chapter 74 of this title to include foundation and enrichment
areas, ELPS, and CCRS;
(C) an assurance that appropriately certified teachers
available in the school district will be assigned to grade levels
beginning at prekindergarten followed successively by subsequent grade
levels in the elementary school campus and, if needed, secondary campuses,
to ensure that the linguistic and academic needs of the emergent bilingual
students with beginning and intermediate levels of English proficiency
are served on a priority basis;
(D) an assurance that the school district shall implement
a comprehensive professional development plan that:
(i) is ongoing and targets the development of the knowledge,
skills, and competencies needed to serve the needs of emergent bilingual
students;
(ii) includes the teachers who are not certified or
not appropriately certified who are assigned to implement the proposed
alternative language program; and
(iii) may include additional teachers who work with
emergent bilingual students;
(E) an assurance that at least 10% of the total bilingual
education allotment shall be used to fund the comprehensive professional
development plan required under subparagraph (D) of this paragraph
when applying for a bilingual education exception, an ESL waiver,
or both;
Cont'd... |
