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(a)Beginning with school year 2019-2020, the provisions
of this section shall expire and be superseded by the provisions in §89.1226
of this title (relating to Testing and Classification of Students,
Beginning with School Year 2019-2020).
(b)Within four weeks of initial enrollment in a Texas
public school, a student with a language other than English indicated
on the home language survey shall be administered the required oral
language proficiency test in prekindergarten through Grade 12 and
norm-referenced standardized achievement instrument in Grades 2-12
as described in subsection (c) of this section and shall be identified
as an English learner and placed in the required bilingual education
or English as a second language (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, an oral language
proficiency test approved by the Texas Education Agency (TEA); and
(2)in Grades 2-12, a TEA-approved oral language proficiency
test and the English reading and English language arts sections from
a TEA-approved norm-referenced assessment.
(d)School districts that provide a bilingual education
program at the elementary grades shall administer an oral 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 a
Spanish TEA-approved oral language proficiency test. If a TEA-approved
language proficiency test 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 on the English oral language proficiency test is below the level
designated for indicating English proficiency.
(2)In Grades 2-12:
(A)the student's score on the English oral language
proficiency test is below the level designated for indicating English
proficiency; and
(B)the student's score on the English reading and/or
English language arts sections of the TEA-approved norm-referenced
standardized achievement instrument at his or her grade level is below
the 40th percentile.
(g)A student shall be identified as an English learner
if the student's ability in English is so limited that the English
oral language proficiency or norm-referenced assessments 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 oral language proficiency or norm-referenced assessments
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)For exit from a bilingual education or ESL program,
a student may be classified 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)English proficiency on the state's approved test
that measures the extent to which the student has developed oral and
written language proficiency and specific language skills in English;
(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's approved norm-referenced standardized achievement instrument;
and
(3)English proficiency on a TEA-approved criterion-referenced
written test and the results of a subjective teacher evaluation using
the state's standardized rubric.
(j)A student may not be exited from the bilingual
education or ESL program 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)A student may not be exited from the bilingual
education or ESL program if the language proficiency assessment committee
has recommended designated supports or accommodations on the state
reading or writing assessment instrument.
(l)For English learners who are also eligible for
special education services, the standardized process for English learner
program exit is followed in accordance with applicable provisions
of subsection (i) of this section. However, annual meetings to review
student progress and make recommendations for program exit 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 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 significant cognitive
disabilities, the language proficiency assessment committee in conjunction
with the ARD committee may determine that the state's English language
proficiency assessment for exit 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 and shall determine an appropriate
performance standard requirement for exit by language domain under
subsection (i)(1) of this section;
(n)Notwithstanding §101.101 of this title (relating
to Group-Administered Tests), all tests used for the purpose of identification,
exit, and placement of students and approved by the TEA must be re-normed
at least every eight years.
(o)The grade levels and the scores on each test that
shall identify a student as an English learner or exit a student from
a bilingual or ESL program shall be established by the TEA. The commissioner
of education may review the approved list of tests, grade levels,
and scores annually and update the list.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on June 25, 2018
TRD-201802820 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 15, 2018
Proposal publication date: April 20, 2018
For further information, please call: (512) 475-1497
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