(a)School districts [Districts] shall by local board policy establish and operate a language proficiency assessment committee. The school district shall have on file policy and procedures for the selection, appointment, and training of members of the language proficiency assessment committee(s). (b)In school districts required to provide a bilingual education program, the language proficiency assessment committee shall be composed of the membership described in the Texas Education Code (TEC), §29.063. If the school district does not have an individual in one or more of the school job classifications required, the school district shall designate another professional staff member to serve on the language proficiency assessment committee. The school district may add other members to the committee in any of the required categories. (c)In school districts and grade levels not required to provide a bilingual education program, the language proficiency assessment committee shall be composed of one or more professional personnel, a campus administrator, and a parent of an English language learner [a limited English proficient student] participating in the program designated by the school district. (d)No parent serving on the language proficiency assessment committee shall be an employee of the school district. (e)A school district shall establish and operate a sufficient number of language proficiency assessment committees to enable them to discharge their duties within 20 school days [ four weeks] of the enrollment of English language learners [ limited English proficient students]. (f)All members of the language proficiency assessment committee, including parents, shall be acting for the school district and shall observe all laws and rules governing confidentiality of information concerning individual students. The school district shall be responsible for the orientation and training of all members, including the parents, of the language proficiency assessment committee. (g)Upon their initial enrollment and at the end of each school year, the language proficiency assessment committee shall review all pertinent information on all English language learners [ limited English proficient students] identified in accordance with §89.1225(f) of this title (relating to Testing and Classification of Students), and shall: (1)designate the language proficiency level of each English language learner [limited English proficient student] in accordance with the guidelines issued pursuant to §89.1210(b) and (e) [(d)] of this title (relating to Program Content and Design); (2)designate the level of academic achievement of each English language learner [limited English proficient student]; (3)designate, subject to parental approval, the initial instructional placement of each English language learner [ limited English proficient student] in the required program; (4)facilitate the participation of English language learners [limited English proficient students] in other special programs for which they are eligible provided by the school district with either state or federal funds; and (5)classify students as English proficient in accordance with the criteria described in §89.1225(h) of this title [(relating to Testing and Classification of Students)], and recommend their exit from the bilingual education or English as a second language program. (h)Before the administration of the state criterion-referenced test each year, the language proficiency assessment committee shall determine the appropriate assessment option for each English language learner [limited English proficient student] as outlined in Chapter 101, Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language Learners [Limited English Proficient Students] in State Assessments). [The assessment options shall be:] [(1)administration of the English version criterion-referenced test;] [(2)administration of the Spanish version criterion-referenced test; or] [(3)for certain immigrant students, exemption from the criterion-referenced test.] [(i)In determining the appropriate assessment option, the language proficiency assessment committee shall consider the following criteria for each student:] [(1)academic program participation (bilingual education or English as a second language) and language of instruction;] [(2)language proficiency, including literacy, in English and/or Spanish;] [(3)number of years enrolled in U.S. schools;] [(4)previous testing history;] [(5)level achieved on the state English language proficiency assessment in reading;] [(6)consecutive years of residence outside of the 50 U.S. states; and] [(7)schooling outside the U.S.] (i)[(j)] The language proficiency assessment committee shall give written notice to the student's parent advising that the student has been classified as an English language learner [limited English proficient] and requesting approval to place the student in the required bilingual education or English as a second language program. The notice shall include information about the benefits of the bilingual education or English as a second language program for which the student has been recommended and that it is an integral part of the school program. (j)[(k)] Pending parent approval of an English language learner's [a limited English proficient student's] entry into the bilingual education or English as a second language program recommended by the language proficiency assessment committee, the school district shall place the student in the recommended program, but may count only English language learners [limited English proficient students] with parental approval for the bilingual education allotment. (k)[(l)] The language proficiency assessment committee shall monitor the academic progress of each student who has exited from a bilingual or English as a second language program during the first two years after exiting in accordance with the TEC [Texas Education Code], §29.0561. (l)[(m)] The student's permanent record shall contain documentation of all actions impacting the English language learner [limited English proficient student]. [This documentation shall include:] (1)Documentation shall include: (A)[(1)] the identification of the student as an English language learner [limited English proficient]; (B)[(2)] the designation of the student's level of language proficiency; (C)[(3)] the recommendation of program placement; (D)[(4)] parental approval of entry or placement into the program; (E)[(5)] the dates of entry into, and placement within, the program; (F)assessment information as outlined in Chapter 101, Subchapter AA, of this title; (G)additional instructional interventions provided to students to ensure adequate yearly progress; [(6)the dates of exemptions from the criterion-referenced test, criteria used for this determination, and additional instructional interventions provided to students to ensure adequate yearly progress;] (H)[(7)] the date of exit from the program and parental approval [parent notification]; and (I)[(8)] the results of monitoring for academic success, including students formerly classified as English language learners [limited English proficient], as required under the TEC [Texas Education Code], §29.063(c)(4). (2)Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner as other student records to another school district in which the student enrolls. (m)A school district may identify, exit, or place a student in a program without written approval of the student's parent or guardian if: (1)the student is 18 years of age or has had the disabilities of minority removed; (2)reasonable attempts to inform and obtain permission from a parent or guardian have been made and documented; (3)approval is obtained from: (A)an adult who the school district recognizes as standing in parental relation to the student, including a foster parent or employee of a state or local governmental agency with temporary possession or control of the student; or (B)the student, if no parent, guardian, or other responsible adult is available; or (4)a parent or guardian has not objected in writing to the proposed entry, exit, or placement.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on March 5, 2012
TRD-201201277 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: April 15,
2012
For further information, please call: (512) 475-1497
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