(a)School 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)The [In school districts required
to provide a bilingual education program, the] language proficiency
assessment committee shall include a certified bilingual educator
(for students served through a bilingual education program), a certified
English as a second language (ESL) educator (for students served through
an ESL program), a parent of an English learner participating in a
bilingual or ESL program, and a campus administrator in accordance
with [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 addition to the three required
members of the language proficiency assessment committee, the school
district may add other trained members to the committee.
[(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 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 four weeks [
20 school days] of the enrollment of English [language]
learners.
(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 identified in accordance with §89.1225(f) of this title
(relating to Testing and Classification of Students) or §89.1226
of this title (relating to Testing and Classification of Students,
Beginning with School Year 2019-2020) [,] and shall:
(1)designate the language proficiency level of each
English [language] learner in accordance with the guidelines
issued pursuant to §89.1225(b)-(f) or §89.1226(b)-(f) [
§89.1210(b) and (e)] of this title [(relating to Program
Content and Design)];
(2)designate the level of academic achievement of
each English [language] learner;
(3)designate, subject to parental approval, the initial
instructional placement of each English [language] learner
in the required program;
(4)facilitate the participation of English [language
] learners in other special programs for which they are eligible
while ensuring full access to the language program services required
under the TEC, §29.053 [provided by the school district
with either state or federal funds]; and
(5)reclassify [classify] students
, at the end of the school year only, as English proficient
in accordance with the criteria described in §89.1225(i)
or §89.1226(i) [§89.1225(h)] of this title[
, and recommend their exit from the bilingual education or English
as a second language program].
(h)The language proficiency assessment
committee shall give written notice to the student's parent or guardian,
advising that the student has been classified as an English learner
and requesting approval to place the student in the required bilingual
education or ESL program not later than the 10th day after the date
of the student's classification in accordance with TEC, §29.056.
The notice shall include information about the benefits of the bilingual
education or ESL program for which the student has been recommended
and that it is an integral part of the school program.
(i)[(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 as outlined in Chapter
101, Subchapter AA, of this title (relating to Commissioner's Rules
Concerning the Participation of English Language Learners in State
Assessments).
[(i)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
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)Pending parent approval of an English [language]
learner's entry into the bilingual education or ESL program [
English as a second language] recommended by the language proficiency
assessment committee, the school district shall place the student
in the recommended program. Only English learners with parent
approval who are receiving services will be included in the bilingual
education allotment.[, but may count only English language
learners with parental approval for the bilingual education allotment.]
(k)The language proficiency assessment
committee shall monitor the academic progress of each student who
has met criteria for exit in accordance with TEC, §29.056(g),
for the first two years after reclassification. If the student earns
a failing grade in a subject in the foundation curriculum under TEC, §28.002(a)(1),
during any grading period in the first two school years after the
student is reclassified, the language proficiency assessment committee
shall determine, based on the student's second language acquisition
needs, whether the student may require intensive instruction or should
be reenrolled in a bilingual education or special language program.
In accordance with TEC, §29.0561, the language proficiency assessment
committee shall review the student's performance and consider:
(1)the total amount of time the student was enrolled
in a bilingual education or special language program;
(2)the student's grades each grading period in each
subject in the foundation curriculum under TEC, §28.002(a)(1);
(3)the student's performance on each assessment instrument
administered under TEC, §39.023(a) or (c);
(4)the number of credits the student has earned toward
high school graduation, if applicable; and
(5)any disciplinary actions taken against the student
under TEC, Chapter 37, Subchapter A (Alternative Settings for Behavior
Management).
[(k)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, §29.0561.]
(l)The student's permanent record shall contain documentation
of all actions impacting the English [language] learner.
(1)Documentation shall include:
(A)the identification of the student as an English
[language] learner;
(B)the designation of the student's level of language
proficiency;
(C)the recommendation of program placement;
(D)parental approval of entry or placement into the
program;
(E)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 address the specific language needs of the student [students
to ensure adequate yearly progress];
(H)the date of exit from the program and parental
approval; [and]
(I)the results of monitoring for academic success,
including students formerly classified as English [language]
learners, as required under the TEC, §29.063(c)(4); and[
.]
(J)the home language survey.
(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)the parent or legal guardian provides
approval through a phone conversation or e-mail that is documented
in writing and retained; or
[(2)reasonable attempts to inform
and obtain permission from a parent or guardian have been made and
documented;]
[(3)approval is obtained from:]
(3)[(A)] an adult who the school
district recognizes as standing in parental relation to the student
provides written approval. This may include[, 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.]
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on April 9, 2018
TRD-201801519 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: May 20, 2018
For further information, please call: (512) 475-1497
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