The Texas Education Agency (TEA) proposes amendments to §§89.1205, 89.1210, 89.1220, 89.1225, 89.1240, 89.1245, 89.1250, 89.1265 and the repeal of §89.1255, concerning the state plan for educating limited English proficient (LEP) students. The sections establish definitions, requirements, and procedures related to: bilingual education and English as a second language programs; program content and design; language proficiency assessment committees; testing and classification of students; parental authority and responsibility; staffing and staff development; required summer school programs; local plan; and evaluation. The proposed amendments would incorporate new state testing requirements for LEP students in Grades 3-8 enacted by Senate Bill 676, 77th Texas Legislature, 2001. The proposed amendments and repeal also clarify program requirements to facilitate compliance monitoring activities.

The most significant issue included in the proposed amendments relates to assessment provisions in §89.1220 that incorporate references to recently-adopted commissioner's rules concerning the participation of LEP students in state assessments. Language has been added to §89.1220 to delineate appropriate assessment options for LEP students and criteria to be considered by language proficiency assessment committees. Another significant change relates to program content and design for English as a second language programs described in §89.1210. Language has been modified in §89.1210 to delete obsolete language and to specify current requirements for English as a second language programs, including the requirement that these programs address the affective, linguistic, and cognitive needs of LEP students.

Additional changes include: modifications in §89.1205 that update cross-references; revised language in §89.1225 that reinforces requirements related to identification, enrollment, and exit criteria; new language in §89.1240 that addresses eligibility for inclusion in district bilingual education allotment; modifications in §89.1245 and §89.1250 that update cross-references; repeal of §89.1255 that removes the provision for districts to develop local plans; and modification in §89.1265 that removes reference to local plans.

Ann Smisko, associate commissioner for curriculum, assessment, and technology, has determined that for the first five-year period the amendments and repeal are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Ms. Smisko has determined that for each year of the first five years the amendments and repeal are in effect the public benefit anticipated as a result of enforcing the sections will be the clarification of program requirements and facilitation of compliance monitoring activities. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments and repeal.

Comments on the proposal may be submitted to Criss Cloudt, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed amendments and repeal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendments are proposed under Texas Education Code, §§29.051-29.064, which authorizes the commissioner of education to adopt rules related to educating limited English proficient students.

The amendments implement Texas Education Code, §§29.051-29.064.