(a)School districts shall by local board policy establish
and operate one or more [a] language proficiency
assessment committees (LPACs) [committee]. The
school district shall have on file a policy and procedures
for the selection, appointment, and orientation [training
] of members of the LPAC(s) [language proficiency
assessment committee(s)].
(b)The LPAC [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 emergent bilingual student [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
LPAC [language proficiency assessment committee],
the school district may add other trained members to the committee.
(d)No parent serving on the LPAC [language
proficiency assessment committee] shall be an employee of the
school district.
(e)A school district shall establish and operate a
sufficient number of LPACs [language proficiency assessment
committees] to enable them to discharge their duties within
four weeks of the enrollment of an emergent bilingual student [
English learners].
(f)All members of the LPAC [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 of the LPAC, including the
parents [, of the language proficiency assessment committee].
The LPAC may use alternative meeting methods, such as phone or video
conferencing and the use of electronic signatures that adhere to district
policy.
(g)Upon a student's [their]
initial enrollment in Texas public schools, a student's transfer
from a previous Texas public school district, and at the end
of each school year, the LPAC [language proficiency
assessment committee] shall review all pertinent information
on all potential and identified emergent bilingual students,
including emergent bilingual students with a parental denial of program
participation, [English learners identified] in accordance
with §89.1226 of this title (relating to Testing and Classification
of Students) . [and shall:]
(1)For students initially enrolling
in Texas public schools, the LPAC shall:
(A)designate the language proficiency level of each
emergent bilingual student in accordance with the guidelines issued
pursuant to §89.1226(b)-(f) of this title;
(B)designate, subject to parental approval, the initial
instructional placement of each emergent bilingual student in the
required bilingual or ESL program without restricting access due to
scheduling, staffing, or class size constraints; and
(C)facilitate the participation of emergent bilingual
students in other special programs for which they are eligible while
ensuring full access to the language program required under TEC, §29.053.
(2)For transferring students previously
enrolled in a Texas public school district, the LPAC shall:
(A)review permanent record and LPAC documentation
from the previous Texas school district to determine if the student
has been identified as an emergent bilingual student based on the
original home language survey and initial identification process;
(B)determine the continuation of the required bilingual
or ESL program participation with parental approval for students previously
identified as emergent bilingual or determine the need for monitoring
of students who have previously met reclassification and are in their
first two years of monitoring;
(C)review linguistic progress and academic achievement
data of each emergent bilingual student to inform instructional practices;
and
(D)facilitate the participation of emergent bilingual
students in other special programs for which they are eligible while
ensuring full access to the language program required under TEC, §29.053.
(3)At the end of the school year,
for all identified emergent bilingual students, including emergent
bilingual students with a parental denial of program participation,
the LPAC shall:
(A)review language proficiency progress in English
and, to the extent possible, the primary language of each emergent
bilingual student;
(B)review academic achievement data in English and,
to the extent possible, the primary language of each emergent bilingual
student;
(C)reclassify eligible emergent bilingual students
as English proficient in accordance with the criteria described in
§89.1226(i) of this title;
(D)determine exit from program of reclassified English
proficient students, pending parental approval, or continuation of
program participation for reclassified students participating in a
dual language immersion one-way or two-way program model, according
to the goals of the program; and
(E)prepare parental reports on student progress for
all identified emergent bilingual students to be provided to parents
within the first 30 calendar days after the beginning of the next
school year, which include data on linguistic and academic progress,
benefits of bilingual or ESL program participation, and the criteria
for reclassification as English proficient.
[(1)designate the language proficiency
level of each English learner in accordance with the guidelines issued
pursuant to §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 §89.1226(i) of this title.]
(h)The LPAC [language proficiency
assessment committee] shall give written notice to the student's
parent, informing the parent [advising] that
the student has been identified [classified]
as an emergent bilingual student [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 LPAC [language proficiency assessment
committee] shall determine the appropriate assessment option
for each emergent bilingual student [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 completion of the identification process,
receipt of LPAC documentation for transferring students, or parental
approval of an identified emergent bilingual student's placement [
English learner's entry] into the bilingual education or ESL
program recommended by the LPAC [language proficiency
assessment committee], the school district shall place the student
in the recommended program. Only emergent bilingual students [
English learners] with parental approval for program participation
[who are receiving services] will be included in
the bilingual education allotment.
(k)The LPAC [language proficiency
assessment committee] shall monitor the academic progress of
each student, including any student who previously had a parental
denial of program participation, who has met criteria for reclassification
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 LPAC [language proficiency assessment
committee] shall determine, based on the student's second language
acquisition needs, whether the student may require targeted [
intensive] instruction or, after careful consideration
of multiple linguistic and academic data points, should be reconsidered
for placement [reenrolled] in a bilingual education
or ESL program. In accordance with TEC, §29.0561, the LPAC [
language proficiency assessment committee] shall review the
student's performance and consider, at a minimum, the following:
(1)the total amount of time the student was enrolled
in a bilingual education or ESL 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 emergent bilingual student [
English learner].
(1)Documentation shall include:
(A)the original home language survey;
(B)[(A)] the identification
of the student as an emergent bilingual student [English
learner];
(C)[(B)] the designation of
the student's level of language proficiency;
(D)[(C)] the recommendation
of program placement;
(E)[(D)] parental approval or
denial of [entry or] placement into the program;
(F)[(E)] the date [
dates] of [entry into, and] placement in [
within,] the program;
(G)[(F)] assessment information
as outlined in Chapter 101, Subchapter AA, of this title;
(H)[(G)] additional instructional
linguistic accommodations [interventions] provided
to address the specific language needs of the student;
(I)[(H)] the date of reclassification
and the date of exit from the program with parental approval; and
(J)[(I)] the results of monitoring
for academic success, including students formerly classified as emergent
bilingual students [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 place a student in or
exit a student from [in] a program without written
approval of the student's parent if:
(1)the student is 18 years of age or has had the disabilities
of minority removed;
(2)the parent 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 April 10, 2023
TRD-202301332 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: May 21, 2023
For further information, please call: (512) 475-1497
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