PURPOSE AND GOAL
Bilingual education and English as a second language (ESL) programs shall be taught to enable limited English proficient (LEP) students to become competent in the comprehension, speaking, reading, and composition of the English language. Programs shall emphasize mastery of English language skills as well as mathematics, science, and social studies, as integral parts of the academic goals for all students to enable LEP students to participate equitably in school. Bilingual education and ESL programs shall be integral parts of the total school program. These programs shall use instructional approaches designed to meet the special needs of LEP students and the basic curriculum content of the programs shall be based on the state essential knowledge and skills. 19 TAC 89.1201(b)-(d)
REQUIRED BILINGUAL PROGRAM
If the School has an enrollment of 20 or more limited English proficient students in any language classification in the same grade level, it shall offer a bilingual education program for the LEP students in prekindergarten through the elementary grades who speak that language. "Elementary grades" shall include at least prekindergarten through grade 5; sixth grade shall be included when clustered with elementary grades. The School is authorized to establish a bilingual education program at grade levels in which the bilingual education program is not required.
The School shall offer LEP students the following:
Bilingual education in kindergarten through the elementary grades.
Bilingual education, instruction in ESL, or other transitional language instruction approved by TEA in post-elementary grades through grade 8.
Instruction in ESL in grades 9-12.
The bilingual education program shall be provided by offering either a dual language program that meets the requirements for program content and design, as established in 19 TAC 89.1210, or a dual language program designed by the School and approved by the commissioner, as provided by 19 TAC 89.1255. The School-designed program shall address the affective, linguistic, and cognitive needs of the LEP students and shall incorporate the cultural aspects of the students' backgrounds.
Education Code 29.053(c)(d); 19 TAC 89.1205(a)-(c)
REQUIRED ESL PROGRAM
All LEP students for whom the School is not required to offer a bilingual education program shall be provided an English as a second language program, regardless of the students' grade levels and home language and regardless of the number of such students. 19 TAC 89.1205(d)
The ESL program shall be provided by offering either an ESL program that meets State Board requirements for program content and design, as established in 19 TAC 89.1210, or an ESL program designed by the School and approved by the commissioner of education, as provided by 19 TAC 89.1255. The School-designed program shall address the affective, linguistic, and cognitive needs of the LEP students. 19 TAC 89.1205(d)
If a program other than bilingual education must be used in kindergarten through the elementary grades, documentation for the exception must be filed with and approved by TEA.
If the School is unable to hire a sufficient number of teachers with bilingual teaching certificates to staff the required program, the School may file an application for exception with TEA. The application must be accompanied by all of the following:
Documentation showing the School has taken all reasonable affirmative steps to secure teachers with bilingual teaching certificates and has failed.
Documentation showing that the School has affirmative hiring policies and procedures consistent with the need to serve LEP students.
Documentation showing that, on the basis of School records, no teacher having bilingual credentials has been unjustifiably denied employment by the School within the past 12 months.
A plan detailing specific measures to be used by the School to eliminate the conditions that created the need for the exception.
Information required by 89 TAC 1205(g)
Exceptions shall be granted on an individual district basis and are valid for one year. Applications for second or subsequent years must be accompanied by the documentation listed above. During the period for which the School is granted an exception, the School must use alternative methods approved by TEA to meet the needs of its LEP students, including hiring teaching personnel under bilingual emergency permits.
Education Code 29.054; 19 TAC 89.1205(g)
EXCEPTIONS TO THE ESL PROGRAM
If the School is unable to provide an ESL program as described above, it shall request the commissioner's approval for a one-year exception and an alternative program. The request shall include all the information required by 19 TAC 89.1205(h). 19 TAC 89.1205(h)
HOME LANGUAGE SURVEY
The home language survey shall be administered only one time to each student. The local district is responsible for administering this survey in accordance with 19 TAC 89.6. Administration shall be to students new to the local district and to students previously enrolled who were not surveyed in the past. The survey shall be signed by the parent or guardian for students in prekindergarten-grade 8 and by the student in grades 9-12. The original copy of the survey shall be retained in the student's permanent record. If the home language survey indicates a language other than English is used, the student shall be tested by the local district in accordance with 19 TAC 89.1225 (see IDENTIFICATION AND ASSESSMENT below). Education Code 29.056(a); 19 TAC 89.1215
If a student is admitted to the School and the local district has not administered a home language survey, the School shall administer a home language survey.
LANGUAGE PROFICIENCY ASSESSMENT/ARD COMMITTEE
If Bonham ISD is required to offer bilingual and special language programs, it shall establish one or more language proficiency assessment committees (LPACs) according to locally established procedures for the selection, appointment, and training of members. The LPAC shall include at least:
A professional bilingual educator, for a student participating in a bilingual education program.
A professional transitional language educator.
A parent, who is not an employee of the School, of a student receiving services as a limited English proficient student.
A Bonham ISD administrator
A member of the ARD committee.
If the School does not have an individual in one or more of the job classifications required, it shall designate another professional staff member to serve on the LPAC. In grade levels at which the School is not required to provide a bilingual education program, the LPAC shall be composed of one or more professional personnel and a School-designated parent of an LEP student.
Education Code 29.063(a)(b); 19 TAC 89.1220(a)-(d)
The LPAC shall perform all of the following duties:
Review all pertinent information on all LEP students.
Make recommendations concerning the most appropriate placement for the educational advancement of the LEP student after the elementary grades.
Review each LEP student's progress in the annual ARD meeting in order to determine future appropriate placement.
Monitor the progress of students formerly classified as LEP who have transferred out of the bilingual or ESL program within the past two years.
Determine the appropriateness of a program that extends beyond the regular school year based on the needs of each LEP student.
Make the determinations required regarding placement in and exit from bilingual and ESL programs.
Before the annual administration of the TAKS and according to criteria set forth in 19 TAC 89.1220(i), determine the eligibility of LEP students in grades 3-8 for:
exemption from the test;
administration of the Spanish version of the test; or
administration of the English version of the TAAS. (See EIF)
Perform additional duties described in 19 TAC 89.1220 as well as those prescribed by TEA.
Education Code 29.063(c); 19 TAC 89.1220(g)-(i), (m)
Within the first four weeks of the beginning of school, the principal shall determine and report to the Board the number of LEP students enrolled at TSBVI and shall classify each student according to the language(s) in which the student possesses primary proficiency. The Board shall report that information to TEA before the November 1 each year. Education Code 29.053(b)
IDENTIFICATION AND ASSESSMENT
Within four weeks of their initial enrollment in the local school district, students shall be identified, assessed, and classified for bilingual education or ESL programs according to the criteria and procedures established in rules adopted by the commissioner. Education Code 29.056(a); 19 TAC 89.1225(a)-(g)
PARENTAL NOTICE AND APPROVAL
Within ten days after classification, the local LPAC shall give written notice to parents advising that a student has been classified as limited English proficient and requesting approval to place the student in a bilingual education or ESL program. The notice shall be in English and the primary language and shall include information about the benefits of the program for which the student is recommended and that it is an integral part of the school program. Pending parent approval, the local district shall place the student in the recommended program, but may receive its bilingual allotment only for those students in the bilingual program with parent approval. Education Code 29.056(a),(d); 19 TAC 89.1220(l)
The entry or placement of a student in the bilingual or ESL program must be approved in writing by the student's parent. Approval shall be considered valid for the student's continued participation in the program until the student meets the established exit criteria, graduates from high school, or the parent requests a change in program placement. 19 TAC 89.1240(a)
A student may not be exited from the bilingual or ESL program in kindergarten through grade one. 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 as determined by:
Meeting state performance standards for the English language criterion-referenced assessment instrument for reading and writing (when available) required in Texas Education Code 39.023, at grade level; and
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
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
May be classified as English proficient as determined by criteria that meets the requirements outlined in Texas Education Code 29.055 and 19 TAC 89.155, detailing requirements for a local plan.
A student exited from the program may be reenrolled if later evidence indicates that the student has inadequate English proficiency and achievement. Education Code 29.056(g)(h); 19 TAC 89.1225(h)-(i)
The School shall notify parents of a student's reclassification as English proficient and his or her exit from the bilingual or ESL program. 19 TAC 89.10(b)
The School's bilingual education program shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills. An ESL program shall be an intensive program of instruction in English from teachers trained in recognizing and dealing with language differences. Education Code 29.055(a)
The bilingual or ESL program shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds. Education Code 29.055(b)
LEP students shall participate fully with English-speaking students in TSBVI classes. The School shall provide students enrolled in the bilingual or ESL program a meaningful opportunity to participate fully with other students in all extracurricular activities. Education Code 29.055(c)(e)
Elective courses may be taught in a language other than English. Education Code 29.055(d)
Bilingual education and special language ESL programs shall be located in TSBVI's regular facilities rather than in separate facilities. Students enrolled in the bilingual or ESL programs shall be placed in classes with other students of approximately the same age and level of educational attainment. The School shall ensure that each student's instruction is appropriate to the student's level of educational attainment, and the School shall keep adequate records of the educational level and progress of each student enrolled in the program. Education Code 29.057; 19 TAC 89.9
The School may establish other summer school, extended day, or extended week bilingual education or ESL programs for limited English proficiency students; however, neither these programs nor the required volunteer program may substitute for the program to be provided during the regular school year. Education Code 29.060(d),(e)