Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 89ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER BBCOMMISSIONER'S RULES CONCERNING STATE PLAN FOR EDUCATING LIMITED ENGLISH PROFICIENT STUDENTS
RULE §89.1225Testing and Classification of Students
ISSUE 01/18/2002
ACTION Proposed
Preamble No Rule Available

(a)For identifying limited English proficient students, 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 measure, or another test approved by TEA.

(b)Districts which provide a bilingual education program shall administer an oral language proficiency test in the home language of the students who are eligible for being served in the bilingual education program. If the home language of the students is Spanish, the district shall administer the Spanish version of the TEA-approved oral language proficiency test which was administered in English. If the home language of the students is other than Spanish, the district shall determine the students' level of proficiency using informal oral language assessment measures.

(c)All the oral language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in language proficiency testing.

(d)The grade levels and the scores on each test which shall identify a student as limited English proficient shall be established by TEA. The commissioner of education shall review the approved list of tests, grade levels, and scores annually and update the list.

(e)Students with a language other than English shall be administered the required oral language proficiency test within four weeks of their enrollment. Norm-referenced assessment instruments, however, may be administered within the established norming period.

(f)For entry into[, or placement within,] a bilingual education or English as a second language program, a student shall be identified as limited English proficient using the following criteria.

  (1)At prekindergarten through Grade 1, the score on the English oral language proficiency test is below the level designated for indicating limited English proficiency under subsection (d) of this section.

  (2)At Grades 2-12:

    (A)the student's score on the English oral language proficiency test is below the level designated for indicating limited English proficiency under subsection (d) of this section;

    (B)the student's score on the reading and language arts sections of the TEA-approved norm-referenced measure at his or her grade level is below the 40th percentile; or

    (C)the student's ability in English is so limited that the administration, at his or her grade level, of the reading and language arts sections of a TEA-approved norm-referenced assessment instrument or other test approved by TEA is not valid.

  (3)In the absence of data required in paragraph (2)(B) of this subsection, evidence that the student is not academically successful as defined in subsection (k) of this section is required.

(g)Within the four weeks of their initial enrollment in the district, students shall be identified as limited English proficient and enrolled into the required bilingual education or English as a second language program. Prekindergarten students registered in the spring shall be identified as limited English proficient and enrolled in the required bilingual education or English as a second language program within four weeks of the start of the school year in the fall.

(h)For exit from a bilingual education or English as a second language program, a student may be classified as English proficient at the end of the school year in which a student would be able to participate equally in a regular, all-English, instructional program.

   (1)This determination shall be based upon tests that measure the extent to which the student has developed oral and written language proficiency and specific language skills in both the student's primary language (for students enrolled in bilingual education) and English, and one of the following:

    (A)meeting state performance standards for the English language criterion-referenced assessment instrument for reading and writing (when available) required in the Texas Education Code, §39.023, at grade level; or

    (B)scoring at or above the 40th percentile on both the English reading and the English language arts sections of a TEA-approved norm-referenced assessment instrument.

   [(1)may be classified as English proficient at the end of the school year in which a student would be able to participate equally in a regular, all-English, instructional program as determined by:]

    [(A)meeting state performance standards for the English language criterion-referenced assessment instrument for reading and writing (when available) required in the Texas Education Code, §39.023, at grade level; and]

    [(B)tests administered at the end of each school year to determine the extent to which the student has developed oral and written language proficiency and specific language skills in both the student's primary language and English; or]

   [(2)may be classified as English proficient when he or she scores at or above the 40th percentile on both the English reading and the English language arts sections of a TEA-approved norm-referenced assessment instrument; or]

   [(3)may be classified as English proficient as determined by criteria which meet the requirements outlined in the Texas Education Code, §29.055, and §89.1255 of this title (relating to Local Plan).]

   (2)In making this determination, districts shall also consider other indications of a student's overall progress, including criterion-referenced test scores, subjective teacher evaluation, and parental evaluation.

(i)In making the determination described in subsection (h) of this section, districts shall also consider other indications of a student's overall progress, including criterion-referenced test scores, subjective teacher evaluation, and parental evaluation.

(i)[(j)] A student may not be exited from the bilingual education or English as a second language program in prekindergarten through Grade 1. If a student meets exit criteria at the end of Grade 1, the student may not be transferred into an all-English classroom until the beginning of Grade 2.

(j)[(k)] For determining whether a student who has been exited from a bilingual education or English as a second language program is academically successful, the following criteria shall be used at the end of the school year:[.]

  (1)the [The] student meets state performance standards in English of the criterion-referenced assessment instrument required in the Texas Education Code, §39.023, for the grade level as applicable ; and[.]

  (2)the [The] student has passing grades in all subjects and courses taken.

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 January 7, 2002

TRD-200200048

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Earliest possible date of adoption: February 17, 2002

For further information, please call: (512) 463-9701



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