(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 language proficiency assessment committee shall
include an appropriately certified bilingual educator (for students
served through a bilingual education program), an appropriately 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 Texas Education Code (TEC), §29.063.
(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.
(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 of the enrollment
of English 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 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 learner in accordance with the guidelines issued pursuant
to [§89.1225(b)-(f) or] §89.1226(b)-(f) of this
title;
(2)designate the level of academic achievement of
each English learner;
(3)designate, subject to parental approval, the initial
instructional placement of each English learner in the required program;
(4)facilitate the participation of English 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;
and
(5)reclassify 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) of this title.
(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 calendar 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)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 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).
(j)Pending parental [parent]
approval of an English learner's entry into the bilingual education
or ESL program recommended by the language proficiency assessment
committee, the school district shall place the student in the recommended
program. Only English learners with parental [parent]
approval who are receiving services will be included in the bilingual
education allotment.
(k)The language proficiency assessment committee shall
monitor the academic progress of each student who has met criteria
for reclassification [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 ESL [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 ESL [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).
(l)The student's permanent record shall contain documentation
of all actions impacting the English learner.
(1)Documentation shall include:
(A)the identification of the student as an English
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;
(H)the date of reclassification and the date
of exit from the program with [and] parental
approval;
(I)the results of monitoring for academic success,
including students formerly classified as English 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 or exit 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
(3)an adult who the school district recognizes as
standing in parental relation to the student provides written approval.
This may include a foster parent or employee of a state or local governmental
agency with temporary possession or control of the student.
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 December 9, 2019
TRD-201904624 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: January 19, 2020
For
further information, please call: (512) 475-1497
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