SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

Transcription

1 SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT BILINGUAL / ESL EDUCATION PROGRAMS INSTRUCTIONAL MANUAL PREKINDERGARTEN 12 TH REVISED JUNE 2013

2 FOREWORD Chapter (a) states it is the policy of the state that every student in the state who has a home language other than English who is identified as limited English proficient shall be provided a full opportunity to participate in a bilingual education or English as a second language program, as required in the Texas Education code, Chapter 29, subchapter B. In compliance with state law, San Benito CISD, has in place the Transitional Bilingual Early Exit Program. The Bilingual/ESL Educational Program Instructional Manual, adopted in , includes clarification of the program and its implementation process. Professional development on the program and how to use the manual to facilitate the implementation of the bilingual/esl program is required for all bilingual teachers teaching in a bilingual setting. This professional development is in conjunction with the LPAC training that each bilingual teacher is required to attend every year. This manual integrates district, state and federal Title III of Public Law (No Child Left Behind) requirements regarding the English and Spanish oral and written fluency in both English and the other language of instruction, which in our case is Spanish, student identification, program placement, parent notification, annual review, and assessment of English language learners as they attain language and academic proficiency. Three major topics covered in this manual: Program features Transitional Bilingual Late Exit Model Effective Practices and Instructional Areas of Focus for the Transitional Bilingual Program i

3 TABLE OF CONTENTS SECTION 1 STATE LAW 1 MISSION STATEMENT 1 GOALS 1 OBJECTIVES 2 PROGRAM FEATURES 2 ANNUAL PROCEDURE 5 SECTION 2 PRIMARY LANGUAGE INSTRUCTION 8 REQUIREMENT 8 INSTRUCTIONAL COMPONENTS 8 TRANSITIONAL BILINGUAL EDUCTION MODEL (TBEM) 10 TBEM INSTRUCTIONAL FRAMEWORK/TIME & TREATMET 12 TBEM PROGRAM MODEL 15 EFFECTIVE PRACTICES AND INSTRUCTION 17 SECTION 3 IDENTIFICATION AND SECONDARY LEVEL 27 ESL CATEGORIES 28 CHART STATE EXIT CRITERIA 31 PROCESS FOR CONSIDERING SPECIAL ED STUDENTS FROM BILINGUAL/ESL 32 ENGLISH AS A SECOND LANGUAGE 34 ESL INSTRUCTIONAL FRAMEWORK 35 ESL VIA SHELTERED ENGLISH INSTRUCTION 37 ESL INSTRUCTIONAL MODIFICATIONS 37 MODIFYING THE LANGAUGE ARTS CURRICULUM FOR ELL STUDENTS 39 GENERAL PRINCIPLES OF MODIFICATIONS FOR MATH 41 GENERAL PRINCIPLES OF MODIFICATIONS FOR SOCIAL STUDIES 43 GENERAL PRINCIPLES OF MODIFICATIONS FOR SCIENCE 44 SECTION 4 BILINGUAL COMPLIANCE INDICATORS 47 FREQUENTLY ASKED QUESTIONS 50 FINDINGS OF TEXAS SUCCESSFUL SCHOOLS 54 DISTRICT PROCEDURES Q & A 55 ii

4 SECTION 5 TEACHER STIPEND PK END OF YEAR EVALUATION FORMS - ELEMENTARY 61 END OF YEAR EVALUATION FORMS MIDDLE SCHOOL 62 END OF YEAR EVALUATION FORMS HIGH SCHOOL 63 SECTION 6 ELEMENTARY TRANSITIONAL MODEL TIME ALLOCATION 65 CATEGORY PROGRESSION 66 RECOMMENDED TIME & TREATMENT 67 SECTION 7 CHAPTER BILINGUAL/ESL SECTION FROM STUDENT ATTENDANCE 90 HANDBOOK SECTION 8 ESL INNOVATIVE COURSES 106 SOCIAL INTELLIGENCE FOR ESL STUDENTS (SIESL) 112 FOUNDATIONS OF INTENSIVE LANGUAGE ACQUISITION AND SUPPORT (FILAS) 115 BE/ESL FORMS 118 iii

5 SECTION 1

6 SAN BENITO CONSOLIDATED INDPEPENDENT SCHOOL DISTRICT BILINGUAL/ESL EDUCATION PROGRAMS GRADES PRE-K THROUGH 12 TH STATE LAW According to Chapter 89, Subchapter BB, Commissioner s Rules Concerning State Plan for Educating Limited English Proficient Students, each school district which has an enrollment of 20 or more limited English proficient students in any language classification in the same grade level district-wide shall provide bilingual education and English as a second language programs, as integral parts of the regular program as described in the Texas Education Code, 4.002; in prekindergarten through the elementary grades for students who speak that same language. "Elementary grades" shall include at least prekindergarten through Grade 5; sixth grade shall be included when clustered with elementary grades (subsection ). The goal of bilingual education programs shall be to enable limited English proficient students to become competent in the comprehension, speaking, reading, and composition of the English language through the development of literacy and academic skills in the primary language and English. Such programs shall emphasize the 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 limited English proficient students to participate equitably in school ( ). Bilingual education and English as a second language programs shall be integral parts of the total school program. Such programs shall use instructional approaches designed to meet the special needs of limited English proficient students. The basic curriculum content of the programs shall be based on the essential skills and knowledge required by the state (Subsection ). MISSION STATEMENT The San Benito CISD Bilingual/ESL program emphasizes the mastery of the state s curriculum and the English language through the child s primary language and the instruction of English via ESL to allow students to reach full potential through equitable experiences which ensure that they become proficient in the English language, confident, productive, and competent members of our multicultural society. GOALS SBCISD implements the state mandated Transitional Bilingual Education Program as per Chapter of the Texas Education Code. The Transitional Bilingual Education Model is a full-time program of transitional instruction. The amount of instruction in each language (primary and English) shall be commensurate with students linguistic and academic proficiency in both languages. Coordination, collaboration, and articulation among all campus/district staff concerning the education of ELL students will ensure 1

7 consistent implementation of the bilingual education/esl program thereby gaining the understanding and active support of all segments of the community; opportunities to develop students confidence, self-assurance, and positive identity with their cultural heritage and the history of the United States; opportunities for all personnel involved in the planning, development, and delivery of services to ELL to be trained so that they have the knowledge that will enable them to offer the appropriate instruction and support; and opportunities for all ELL parents to be involved in the educational development of their children and included in decision making processes affecting their children s education.. so that all SBISD ELL students meet state and national standards, graduate from high school under the Recommended or Distinguished state plans, select college or postsecondary educational advancement, and pursue lifetime work opportunities in a socially responsible manner. OBJECTIVES The SBCISD Bilingual/ESL Program will meet the affective, linguistic, and cognitive needs of the ELLs by ensuring that they receive equitable opportunities with regard to a positive learning environment and high stakes curriculum that will enable them to 1. Become literate and competent in the comprehension, speaking, reading, and writing of the English language through the development of on grade level TEKS in both the primary language and English through effective second language strategies, 2. Attain academic skills in mathematics, science and social studies, 3. Achieve mastery through teachers use of individualized instruction, pacing, appropriate curriculum, materials and strategies, assessment, and supplementary/enriched instruction, and 4. Participate equitably in gifted and talented programs, technology (e.g., computers, lab equipment/time); and other special programs/services available to other students including school-to-work, leadership skills, community service, and independent study, etc. PROGRAM FEATURES SBCISD implements the state mandated Transitional Bilingual Education Program (Late exit) (TBEP) as per Chapter 89, Sub Chapter BB. Commissioner s Rules Concerning State Plan for educating Limited English Proficient Students of the Texas Administrative Code. The TBEP is a full time program of transitional instruction. A transitional program is predicated on the use of developmentally appropriate linguistic and academic instruction in both Spanish and English until test results and academic progress are evident for an ELL student to transition to an all-english curriculum. San Benito CISD implements the Transitional Bilingual Late Exit program. Late exit is a bilingual program that serves students identified as students of limited English proficiency in both English and Spanish, or another language, and transfers students to English-only instruction; academic growth is accelerated through cognitively challenging academic work in the student s first language along with meaningful academic content taught through the 2

8 student s second language, English. The goal is to promote high levels of academic language proficiency n the student s first language and English. Student enrolled I the transitional bilingual/late exit program are eligible to exit the program not earlier than six or later than seven years after the students enroll in school. Students that have met exit criteria in accordance with TAC (h)(ii)(k) may continue receiving services but the school district will not be allocated the bilingual allotment.- TEC Students who are proficient in English may also be served in this program only with appropriate parental permission, but are not eligible for Bilingual Program allotment. A transitional program is predicated on the use of developmentally appropriate linguistic and academic instruction in both Spanish and English until test results and academic progress are evident for a LEP student to transition to an all-english curriculum. Further detail on this type of program is found in pages 15 19, description of the TBEP Model in this Manual. Additional descriptive charts can be found in attachment V. District staff, including principals, teachers, support staff and central office administrators assigned to work with the ELL population at all grades levels shall participate and be trained for coordination, collaboration, and articulation concerning the education of ELLs to ensure consistent implementation of the bilingual education/esl program thereby gaining the understanding and active support of all segments of the community; opportunities to develop students confidence, self-assurance, and positive identity with their cultural heritage and the history of the United States; opportunities for all personnel involved in the planning, development, and delivery of services to ELLs to be trained so that they have the knowledge that will enable them to offer the appropriate instruction and support; and opportunities for all parents of ELLs to be involved in the educational development of their children and included in decision making processes affecting their children s education. A well-organized and well-planned transitional bilingual program offers many children perhaps the best chance they have to develop English, increase their capacity for learning, and maintain self-concept (Gibbons, 1991, p. 62). The main aim of the Transitional Bilingual program is to support conceptual development through the use of the mother tongue. The Transitional Bilingual Program will follow Program Features for All Bilingual Program as written by the Texas Education Agency (TEA) based on state mandates and State Board of Education rules that include: 1. Pre-literacy skills and reading will be taught in Spanish for all students who are identified as ELL and placed in a Bilingual program; 2. Initial concept development for all ELLs will be in Spanish until students reach English proficiency at functional levels specified in the TELPAS Reading; 3. Spanish language instruction will focus in high levels of learning such as vocabulary development and concept development to ensure the development of cognition at the upper level grades, and will continue at a minimum level unless more is needed as long as the ELLs remain in the Transitional 3

9 Bilingual Program. This will be done by providing high levels of language development in the primary language; 4. The program maintains strict separation, no simultaneous translation, of the language of instruction throughout specified content area time blocks. (There may be times when an instant translation is all that is required to clarify a particular issue or classroom instruction for a child, but bilingual approaches should not depend on this as an organizing principle for the program.) 5. All content area objectives are taught in the students native language during the early grades in order to enhance the development of high levels of cognitive academic language proficiency (CALP) in the students first language. Knowledge learned in one language paves the way for knowledge acquisition in the second language; 6. ESL instruction must occur daily. English instruction in the curriculum gradually increases as the students English proficiency develops; 7. Daily comprehensible content area instruction in English is taught using concepts and skills drawn from content already taught that day/week in Spanish; 8. Content area instruction and the language of instruction for each content area are noted in the teacher s lesson plan; 9. Assessment to students with a language other than English will be administered by the respective campus LPAC in the primary language and English for students in grades PK -5 for initial identification and placement, and in English only for students in grades In addition, a reading normed referenced test will also be administered to students in grades The oral language proficiency growth will be measured at the end of the year to determine proficiency level growth using the IPT and the TELPAS. Students will be classified as follows: i. K-6 th in English: Students scoring at Level A, B or C shall be classified as Beginner (Non English Speaker). Students scoring at Level D or E shall be classified as Intermediate (Limited English Speaker), and students scoring at Level F shall be classified as Advanced (Fluent English Speaker). ii. 7-12th in English: Students scoring at Level A shall be classified as Beginner (Non English Speaker). Students scoring at Level B, C, D, or E shall be classified as Intermediate (Limited English Speaker), and students scoring at Level F shall be classified as Advanced (Fluent English Speaker). iii. K-6 th in Spanish: Students scoring at Level A or B shall be classified as Beginner (Non Spanish Speaker). Students scoring at Level C, D or E shall be classified as Intermediate (Limited Spanish Speaker), and students scoring at Level F shall be classified as Advanced (Fluent Spanish Speaker). iv. In addition, the TELPAS results for all English Language Learners (ELL) students in the area of listening, speaking, reading, and writing, must be taken into consideration to ensure the classification of a student s language proficiency is done appropriately. Through the 4

10 reading assessment, TELPAS provides information on academic progress for LEP students. 10. The classroom environment is rich in language content and reflects a bilingual setting. There is evidence of English and Spanish in: instructional bulletin boards, center labels, center materials and equipment, student products, posted classroom and school rules, and written communications to parents; and 11. Strong parental support and involvement is essential to reinforce the students native language development and communicate high expectations about academic achievement. Annual Procedures In addition to the LPAC reviews for student progress, reclassification at the end of the school year, and the revision of the students individual educational plan utilizing the time and treatment, and the allocation of teacher units for the beginning of a school year are procedures that campus administrators are faced with each year. Additionally, the need and focus of professional development of teachers assigned to the bilingual education and ESL programs also should be identified early in the school year. These procedures can be accomplished by implementing the following: Step 1. Reviewing the Student Data The campus principal must review the campus LPAC records to discern the number of LEP students at each grade level for the current, and/or upcoming school year. The data should reflect the number of LEP students in each of three categories, e.g. Beginner, Intermediate, and Advanced according to test results of the IPT (English) in Grades PK-12, and a norm-referenced test in Grades 2-11th. STAAR should not be used for the identification of LEP students in the three language categories, e.g., Beginner, Intermediate and Advanced (See identification process in Chapter 89). The number of teachers needed should be predicated on the number of LEP students identified. The number of students drives the number of bilingual education teachers needed to meet the needs of LEP students in the bilingual program required by state law. Upon deciding on a departmentalized setting at the elementary level, bilingual certification of all content area teachers in that setting is required. It is important to have an adequate number of certified bilingual education teachers to serve the LEP student population enrolled in PreK-5 to eliminate the need for an exception to the required bilingual education program. Step 2. Assessing Staff Training Needs It is always best to assess what a campus principal has in place to address the linguistic and academic needs of the LEP student population. The assessment of teachers needs is crucial to be done at the end of a school year, or by the first day of school. This assessment can take place with a dedicated campus effort via or as part of the pre and in-service days scheduled in the district. In order to focus on overall training needs of the teachers assigned to the bilingual education program, campus administrators should proceed as follows: A. Develop a survey for completion by bilingual education teachers assigned to the campus and mail out to teachers electronically or hand delivered with instructions and reasons for the survey. Allow an adequate time for completion and return of the surveys. Impress upon teachers the importance of 5

11 their input to prioritize focus training at their campus. This approach will update training needs since there may have been teacher turnover, classroom reassignments, and/or new hires since the prior school year. B. The training needs that surface from the survey should be shared with the Bilingual Director to focus on such training needs in the master training plan of the district for the upcoming school year. C. If the training needs do not align with the district s professional development plan, the principal can schedule the focused training and prioritize the expenditures in their respective campus budget. Principals wishing focused training for bilingual education or ESL teachers should work closely with the Bilingual Director to ensure that the best expertise in teacher training is sought and acquired. Funding for this type of training may be defrayed from the campus local budget and Title 1, Title III, SCE and bilingual education allotments. If it should be decided to use the survey approach, it is important to pose the questions in the survey that will solicit information necessary to impact on the teaching and learning of LEP students. Teachers should be assured of the administration s desire to provide the necessary support and training, and be encouraged to be candid with their responses. It is therefore recommended that the survey include questions such as: 1. I would like more training to better understand the areas of language proficiency measured by TELPAS Yes No Not Sure 2. I need more training to better understand the criteria for identification of LEP students Yes No Not Sure 3. I fully understand the levels of language proficiency as found in the state policy for the education of LEP students Yes No Not Sure 4. I fully understand the components of a Transitional Bilingual Education program Yes No Not Sure 5. I need more training on the goals of the SBCISD transitional bilingual education program Yes No Not Sure 6. I need more training on how to differentiate my instruction in the affective, linguistic and cognitive domains Yes No Not Sure 7. I fully understand the required assessment procedures for LEP students Yes No Not Sure 8. I need more training on how to use Spanish as a medium of instruction in language arts and the content areas Yes No Not Sure 9. I know how to differentiate my instructional focus between oral language development and reading in Spanish according to Spanish language categories of my LEP students Yes No Not Sure 10. I need more training on how to use ESL methods and shelter the instruction in language arts and the content areas Yes No Not Sure 11. I know how to differentiate my instructional focus between oral language development using ESL methodology and reading in English according to English language categories of my LEP students Yes No Not Sure 12. I fully understand what criteria to use to discontinue Spanish reading in language arts for LEP students who have initiated the transition to English 6

12 reading Yes No Not Sure 13. I fully understand what criteria a teacher should use to transition a LEP student to all English instruction Yes No Not Sure 14. I need training in the following areas: All No and Not Sure responses should be viewed as priority areas for focused professional development early in the school year. This Instructional Manual can serve as the primary training tool, along with the PowerPoint slide presentation that has been developed as a complement to the Manual. Additionally, the Bilingual Director will help identify experts in the field to present training on best practices and scientifically-based research, as well as area workshops at Region I ESC for bilingual education teachers to attend and improve their individual teaching competencies. For principals in secondary grades, e.g. 6 th -12 th, the survey questions can be modified for ESL by removing all references to bilingual education (questions #4 and #5) and the Spanish language (questions #8 and #9). Step 3: Evaluation of Program Chapter 89 mandates that the program be evaluated annually. Although this procedure takes place at the district level, information from your campus must be compiled and reviewed for the purpose of improving the program. See the evaluation form at the end of this manual which is to be submitted to the office of bilingual education before the last week of school. 7

13 SECTION 2

14 PRIMARY LANGUAGE INSTRUCTION Children bring a rich array of natural language from their homes. The school must then develop each child s primary language from the concrete to the abstract or formal levels. The attainment of the formal levels is required for mastering essential knowledge and skills for language arts and other required subjects. Knowledge learned in one language paves the way for knowledge acquisition in the second language. Thus, students in the Transitional Bilingual Program will learn content (reading, mathematics, science, etc.) in their native language during the early primary grades. Premises for First Language Development and Reading in the First Language include: Concept development in the first language should precede re-labeling of the same concepts in the second language. All of the language skills should be integrated: listening, speaking, reading, and writing. Second language acquisition is most successful when there is a strong foundation in the first language. Academic skills learned in school transfer readily from one language to the other, so that skills taught in the native language in a transitional bilingual program do not have to be re-learned in English. A child who learns to read well in his/her first language can later transfer reading skills to the second language, usually with better results than learning to read directly in the second language. The thousands of hours of experiences in the home language that the child has had is a more solid base for initial reading experiences than the minimal experiences in a second language. Language use/allocation: For ELL students entering school speaking predominately Spanish, the primary language of instruction shall be Spanish. The amount of instruction in each language is noted in the following pages to ensure the continuing development of: The students native language Cognitive academic skills in the students native language, and Linguistic and cognitive academic proficiency skills in English. Requirement Students in Grades PK Through 5 Students in Grades PK through 5 (or through 6, if Grade 6 is clustered with elementary grades who are counted for funding in the bilingual/esl program must be served by bilingual/eslcertified staff. 1 Instructional Components Teachers in the TBEP shall provide instruction in both languages to focus on the affective, linguistic and cognitive domains as called for in the state policy under Program Content. The instructional focus in each of the three components shall be as described below Student Attendance Accounting Handbook, page 151 8

15 1. Affective: ELL students shall be provided instruction in their home language to introduce basic concepts of the school environment and instruction both in their home language and in English to instill confidence, self-assurance, and a positive identification with their cultural heritage. The program shall address the history and cultural heritage associated with both the students home language and the United States. Essentially, the affective component of bilingual education should be used to: Provide orientation to the schools setting in the student s primary language and comprehensive communications for adjustment into the learning environment. Allow successful initial communication, which contributes to the social adjustment of the student. Provide introduction to the school environment through the primary language to allow the continuation of natural language acquisition without interruption. Help schools to bridge the child s home culture and background to the society in which the child will participate as an adult. This adjustment should be accomplished without alienating the child or the child s family. 2. Linguistic: The ELL students shall be provided instruction in the skills of comprehension, speaking, reading, and composition both in their home language and in English. The student receives instruction in the primary language while beginning to develop the English language. English as a second language (ESL) must be taught daily for a minimum of 30 minutes to ensure the development of the English language. The instruction in both languages shall be structured to insure that the students master the required TEKS, higher order thinking skills in all subjects, and develop the English language for an effective and successful transition to the English language. Children bring a rich array of natural language from their homes. The school must then develop each child s primary language and the second language from the concrete to the abstract or formal levels of language to increase its usability at school. Although informal language is useful for social purposes, attainment of the formal levels is required for mastering TEKS for language arts and other required subjects. Students should be constantly exposed to high academic levels of Spanish in Language Arts and the content areas. The development of the ability to think about and reflect upon the nature and functions of language is achieved more quickly in the student s primary language than in the student s second language. Comprehensible linguistic input in the second language is required for concept development. 3. Cognitive: The ELL students shall be provided instruction in mathematics, science, health, and social studies both in his/her home language and in English. The content area instruction in both languages shall be structured to ensure that the students master the required TEKS and higher order thinking skills in all subjects. Initial concept development should be in Spanish. English must be taught for a minimum of 30 minutes daily to ensure the student learns the English language. Instruction in 9

16 Spanish is gradually decreased as the student masters the academics in the primary language and begins to understand the English language. As the child transitions to English, sheltered English teaching strategies is utilized throughout the day to develop the academic concepts and vocabulary in English to provide: Development of language and content area concepts that is interdependent. Development of higher order thinking skills is dependent upon effective participation in the content area subject. The following section of the Manual is dedicated to describing San Benito s CISD s Transitional Bilingual Education Model in Grades PK-5 and the English as a second language program in Grades 6-12 th. District staff assigned to work with the ELL population at every grade level and every campus is encouraged to become conversant with the content and detail found in this Model. District appraisers must also become functionally knowledgeable of the contents, activities and instructional focus detailed in this Model to effectively and fairly conduct appraisals of professional teachers, campus administrators and other professional staff for the PDAS system of the District. Questions on the Model and requests for training should be directed to Dr. Margarita Y. Greer, Director of Federal Programs and Bilingual Education in San Benito CISD. TRANSITIONAL BILINGUAL EDUCATION MODEL The Transitional Bilingual Education Model described in this section is being provided to guide campus administrators and teachers in the design, implementation and evaluation of appropriate instructional services for the English language learner [ELL] student population in Grades PK-5 in the elementary campuses of San Benito CISD. The model is based on the minimum requirements of the state policies as found in 19 TAC Chapter 89 Subchapter BB, Commissioner s Rules Concerning State Plan for Educating Limited English Proficiency Students, and findings of the Texas Successful Schools Study: Quality Education for Limited English Proficient Student [TEA-August 2000]. The SBCISD Transitional Bilingual Education Model described below shall be the official program that campus administrators and teachers of LEP students will implement and support starting with the school year. The TBEM has been designed to provide the LEP population genuine opportunities in all educational efforts to acquire literacy and proficiency in English, as effectively as possible, and as described herein. Prior to acquiring academic language in either language, students develop their oral language for communication. This conversational or social language is known as the basic interpersonal communication skills (BICS). Academic language, a child s knowledge of reading, writing, provides the teacher with evidence that a LEP student has acquired essential literacy skills to use language for learning concepts and subject matter. These students have acquired the academic language to learn and be successful in the regular curriculum. This level of language development necessary for school success is called cognitive academic language proficiency (CALP). English language proficiency in SBCISD is defined as becoming competent in speaking, reading, writing and comprehending, which are prerequisite skills for integration into the mainstream school curriculum. This definition is aligned with proficiency as found in state policy. The use of the child s first language as a means of reaching this goal is vital. Students are 10

17 allowed to continue their linguistic and academic development in their first language as they are learning English and transitioning to an all-english curriculum. The TBEP shall be a program of bilingual instruction in Grades Pre K-5 that will be offered as the regular program for every LEP student with parental approval to participate in the program. The instructional focus shall be on both languages to help the LEP children progress from the oral communication skills of listening and speaking to the written communication skills of reading and writing in both the home language and the second language. The use of the home language and English shall be used as mediums of instruction on a daily basis across the state mandated curriculum, e.g., TEKS. For optimal language development, the languages are separate for the specific instruction of the lesson. There is no direct translation of material during instruction for the student. Bilingual instruction shall be provided until such time that the child is able to transition from developing language skills, to effective or excellent language proficiency in both languages. LEP students with prior schooling, such as the immigrant student, will tend to demonstrate literacy in Spanish (L1), so it is important to diagnose the extent of literacy in L1. The Transitional Bilingual Education Model Instructional Framework is shown below for guidance and utilization of language for instructional focus and time allocations to be devoted to each language. It is important to note that the time allocations and the instructional focus are different and more intensive in the Spanish language in Grades PreK-2 than it is in Grades 3-5. This intensification of primary language instruction is to facilitate a strong literacy base in the home language while acquiring the second language. This will also lead to high levels of proficiency and literacy in both languages for the LEP student. The TBEM is based on a percentage of time to be devoted to each language of instruction, i.e., Spanish and English (ESL) ranging from 80% to 20% (time) and the focus of instruction (treatment) in language arts, reading and the content areas (See Graphic A on page 15). The Model shows detailed groupings of categories and allocates the time and the treatment commensurate with the language categories as noted. It is also important to note that the percentages of time to be devoted to Spanish instruction do not diminish with each grade level, but rather by language categories as the ELL student progresses in the acquiring of English proficiency. This instructional framework dispels the myth that ELL students should get less Spanish instruction as they move up the grades. This should only happen when it can be documented that the student is making both linguistic and academic progress in both Spanish and English. Some students may progress from one proficiency level to another at a faster rate, particularly those with prior schooling and Spanish literacy such as our immigrant students, while others may continue to require Spanish instruction and/or clarification at 3 rd, 4 th, and 5 th grade levels. ELL students must make a transition from the oral communication skills (BICS) to the written communication skills (CALP) in both languages, before making a transition or exiting the bilingual education program. The Bilingual Education Department will provide staff development, guidance, technical assistance and monitoring to assist and assess the implementation of the Transitional Bilingual Education Program Model. The Model is shown graphically in the following pages. 11

18 Transitional Bilingual Education Program (Instructional Framework) TIME AND TREATMENT PreK-2 Category Levels--L1/L2 Spanish Instructional Focus Beginner/Beginner 80% oral language development in language arts, writing, science, and social studies. Beginner/Intermediate 70% oral language development in language arts, writing, science, and social studies. Beginner/Advanced (This time allotment is for 2 nd grade LEP students below the 40%tile on the NRT) 40% oral language development in language arts, writing, science, and social studies. English Instructional Focus 20% in English language development (ESL), and specific, sheltered content. 30% in English language development (ESL) in language arts, and ESL sheltered content areas 60% ESL and sheltered content areas, mathematics, may begin either transitioning or reading in English PreK-2 Category Levels--L1/L2 Spanish Instructional Focus Intermediate/Beginner 80% oral language development in writing, mathematics, reading, science, and social studies. Intermediate/Intermediate 70% oral language development in writing, reading, mathematics, science, and social studies. Intermediate/Advanced (This time allotment is for 2 nd grade LEP students below the 40%tile on the NRT) 40% oral language development in writing, reading, mathematics, science, and social studies. English Instructional Focus 20% in English language development (ESL) and sheltered content areas 30% in English language development, (ESL) sheltered science, mathematics and social studies 60% in English reading and mathematics and ESL sheltered science and social studies 12

19 PreK-2 Category Levels--L1/L2 Spanish Instructional Focus Advanced/Beginner 80% oral language development in writing, reading, mathematics, science, and social studies. Advanced/Intermediate 70% oral language development in writing, reading, mathematics, science, and social studies. Advanced/Advanced (This time allotment is for 2 nd grade LEP students below the 40%tile on the NRT) 40% oral language development in writing, reading, mathematics, science, and social studies. 3 rd -5th Category Levels--L1/L2 Spanish Instructional Focus Beginner/Beginner 80% oral language development in writing, reading, mathematics, science, and social studies. Beginner/Intermediate 60% oral language development in writing, reading, mathematics, science, and social studies. Beginner/Advanced 30-40% oral language development in writing, reading, mathematics, science, and social studies. English Instructional Focus 20% in English language development (ESL) sheltered content areas 30% in English language development (ESL), initiate English reading, and ESL sheltered science, mathematics and social studies 60% in English reading and mathematics, sheltered science and social studies English Instructional Focus 20% in English language development (ESL) in language arts and sheltered content areas 40% in English language development (ESL) in language arts, initiate transition to English reading if at grade level in Spanish reading, and ESL sheltered science, mathematics and social studies 60-70% in English reading and mathematics in mainstream English and ESL sheltered content areas 13

20 3 rd -5th Category Levels--L1/L2 Spanish Instructional Focus Intermediate/Beginner 80% oral language development in writing, reading, mathematics, science, and social studies. Intermediate/Intermediate 60% oral language development in writing, reading, mathematics, science, and social studies. Intermediate/Advanced 30-40% oral language development in writing, reading, mathematics, science, and social studies. English Instructional Focus 20% in English language development (ESL) in language arts, and ESL sheltered content areas 40% in English language development (ESL) in language arts, initiate transition to English reading if on grade level in Spanish reading and ESL sheltered content areas 60-70%% in English reading and mathematics regular English and ESL sheltered science and social studies 3 rd -5th Category Levels--L1/L2 Spanish Instructional Focus English Instructional Focus Advanced/Beginner 80% oral language 20% in English language development in writing, development (ESL) in reading, mathematics, language arts, and ESL science, and social studies. sheltered content areas Advanced/Intermediate 60% oral language 40% in English language development in writing, development (ESL), initiate reading, mathematics, transition to English reading science, and social studies. if on grade level in Spanish reading, and ESL sheltered science, mathematics and social studies Advanced/Advanced 20-30% oral language 70-80% in English reading development in writing, and mathematics and reading, mathematics, science in mainstream science, and social studies. English, and ESL sheltered social studies 14

21 Graphic A This Model focuses on an instructional approach that utilizes both languages in all elementary grade levels and in all areas of the curriculum. The Model is designed to promote bilingualism and facilitate literacy in two languages for the ELL [LEP] students. To progress linguistically and cognitively on the LEP continuum, e.g., from Beginner, to Intermediate, to Advanced, to Exit stage, teachers must ensure that the ratio of the second language-english [L2] to the first language-spanish [L1] gradually and systematically increases as the LEP student progresses from one language category to the next. In the illustration of the Model, the LEP categories are shown as Beginner, Intermediate and Advanced starting from the upper left to the bottom right of the illustration. 15

22 This Model requires the assessment of L1 and L2 linguistically and academically for each student by the LPAC to determine the instructional focus or placement in each language. The assessment must rely on the results of a TEA approved oral language proficiency test (OLPT) in Grades PK-5 in both languages and a TEA approved normed-referenced test in Grades 2-5 in both Spanish and English. Since this assessment process is to ensure the proper identification of each student who comes from a home where the language spoken is other than English. Test results available for STAAR or TELPAS Reading are not acceptable to comply with the state policy requirements for identification. The instructional focus by teachers should guide the time and treatment of both languages in the oral communication skills [BICS] and/or the written communication skills [CALP] for each language category as appropriate. The amount of time to be devoted to each language depends on the progress made by the students in the listening and speaking skills in Spanish [L1]. This requires a continuous assessment by the teachers. As the student demonstrates greater oral proficiency in the primary language, as evidenced by the end-of-year OLPT, TELPAS, and moves to the next language category, the amount of time for Spanish instruction is reduced and the amount of ESL instruction is increased. Upon initial assessment, a student who scores in the Intermediate or Advanced level in Spanish, should not be placed in the Beginner instructional focus. The amount of time to be devoted to English in this case should be equal to, or greater than, the amount of time devoted to Spanish. As the LEP student progresses through the oral communication skills, e.g., listening/speaking and understanding, to the written communication skills, e.g., reading/comprehension and writing in both Spanish and English, equal time [50%:50%] should be devoted to both languages until teachers see evidence of literacy [cognition] in both languages. It should be noted that recent immigrants will acquire language proficiency at different stages, depending on their literacy in the primary language and prior schooling of each student. The reclassification of a LEP student to Non-LEP status should not procedurally result in students exiting from the bilingual education program until proficiency in English can be documented by objective test scores. Movement of LEP students between language categories must not take place until the end of each school year, as determined by the respective campus LPAC. 16

23 EFFECTIVE PRACTICES AND INSTRUCTIONAL AREAS OF FOCUS FOR THE TRANSITIONAL BILINGUAL EDUCATION PROGRAM The TBEP shall be implemented using the areas of focus and effective practices that are described below. The areas of focus and practices for the TBEP shall be: I. Continuous assessment II. Instructional service delivery with modifications III. Instructional service delivery that will use both Spanish and English IV. Equal prestige to both languages V. Balanced literacy approaches VI. Instructional leadership VII. Grouping for instructional purposes VIII. Instructional technology IX. Compliance/Accountability X. Evaluation XI. State adopted textbooks and supplementary systems XII. Professional development XIII. Parental involvement XIV. Program expectations aligned to state standards 17

24 The following tables illustrate suggested instructional activities and methods to implement the effective practices and areas of focus listed above. Respective expectations are also noted for accountability purposes and program impact assessments. 1. Continuous Assessment Activities/Methods The campus LPAC shall be responsible for all LEP student records used for classification and placement of each student. The Spanish and English language categories of each student shall be provided to teachers of record for the TBEP. Expectations Student records must document reliable assessment results and processes. The LPAC ensures compliance with the state policies. Placement decision forms for each student will be completed and a copy will be kept in the LPAC binder. The campus LPAC will meet monthly to assess, place or monitor LEP students. Teachers will monitor ELL students daily, and review the progress of the students every 6 weeks to ensure student is not falling behind. If student is falling behind, teacher must notify LPAC chair, an LPAC meeting must be held to evaluate and recommend interventions that must be provided the child s teacher, placed in the Permanent Record Folder (PRF) Progress or regressions must be documented. Principals should monitor these folders twice a year. Appropriate instructional decisions in both languages for each LEP student shall be made according to the LPAC information. Teachers shall rely on assessment information that becomes available to target daily instruction in both languages across all subject areas. Teachers shall keep assessment information; such as TELPAS Reading, writing samples in both languages, ESL assessments in a portfolio to use when making decisions to transition a student to English literacy, TAKS assessment recommendations, and recommendations for special programs. Principals shall ensure that all staff administering the required assessments in both languages is trained for these purposes. Specific training and retraining of staff on test administration will be offered on a timely basis. The Principal ensures compliance with district and state policies. All criteria and actions on every LEP student by the LPAC committee must be recorded in the individual LEP folders for use by teachers assigned to work with those students. 18

25 Principals shall monitor program implementation to evaluate processes and service delivery. LEP students may only be reclassified from one language category to the next at the end of the school year. The LPAC shall document that all LEP students who are exited in Grades 4 and above meet all of the criteria for exiting. These criteria include: 1. Assessment results that indicate the student has developed listening, speaking, reading and writing language proficiencies and specific language skills in both languages, and 2. Student performs at passing or commended level on the STAAR test in English reading and writing at grade level, or 3. Student scores at or above the 40 th percentile on both the English reading and English Language Arts sections of a TEA approved normreferenced test, and 4. Student has passing grades in all subjects, which includes subjective criteria such as benchmark results throughout the year, report card grades, final grades, and other data that can assist the LPAC with an appropriate placement of the student. The campus LPAC and individual student records shall serve as the campus audit trail and records management. The Bilingual Director and/or the Principal shall conduct periodic sample record checks to ensure consistency and quality in record keeping for the TBEP. LPACs shall monitor the academic performance of all LEP students who are exited for two years. If at the end of any one 6 weeks, student is not performing up to par, LPAC must meet and make recommendations for interventions. M1 students (1 st year monitored students and M2 students (2 nd year monitored students) shall be coded in PEIMS. Assessment information regarding these students will be discussed in regular LPAC meetings. LPAC member will sign the ARD form as a participant in the ARD meeting. The campus LPAC will make recommendations for TAKS administration and language of administration for all LEP students. An LPAC member will attend all ARD meetings dealing with LEP student assessments and placement. Exit criteria for LEP students who are also classified as Special Ed must be developed at the beginning of the year by the LPAC and the ARD. If at the end of the year, the student meets the exit criteria specified by the ARD and LPAC, the committees may exit student from the bilingual program. 19

26 2. Instructional service delivery with modifications Activities/Methods LEP students in the Beginner, Intermediate and Advanced language category levels shall be instructed daily in L1 and L2 according to the instructional service delivery designations for the TBEP. Expectations Accountability for the implementation, effectiveness and success of the TBEP shall be the responsibility of the Principals, bilingual/esl teachers and the Bilingual Director. 3. Instructional service delivery that will use both Spanish and English Activities/Methods Expectations Teachers are to institute the use of Spanish [L1] The principal ensures that the and English [L2] as mediums of instruction across Instructional Framework of the TBEP is all grade levels and every subject for every LEP implemented effectively and student enrolled in the program Time devoted for ESL instruction must be part of the instructional day for LEP students consistently at all grade levels by all bilingual teachers through monitoring of teaching and lesson plans. 4. Equal prestige to both languages Activities/Methods Teachers must not show preference of one language over the other for instructional purposes. The LEP students and their parents must know that the home language of the students is as important as the second language children are to learn. Expectations Equal prestige devoted to both languages shall be evident in the teacher s lesson plans, daily instruction, classroom environment and the purchasing of resources. Books in primary language reflect the authentic literature and language. They are not translation of English materials. Teachers provide and involve parents in activities that value home language and cultural backgrounds. Teachers provide parents with the information regarding the purpose of instructing in both languages. 20

27 5. Balanced literacy approaches Activities/Methods Teachers must incorporate all of the elements of a balanced literacy approach; grapho-phonemic knowledge, phonemic awareness, fluency, vocabulary development, and comprehension in the instruction of primary and English literacy. The instruction should place special emphasis on vocabulary development and comprehension skills which can be enhanced through guided reading, shared reading, literature circles, and read-a-loud and effective key vocabulary development programs. The instructional focus must be aligned with the linguistic and academic levels of the students. Classroom environments should be literacy-rich in both Spanish and English. Expectations Principals and the Bilingual Director must facilitate periodic meetings of the bilingual teachers of the same grade level, within and across elementary campuses to discuss appropriate literacy and transition strategies for LEP students. Regular meetings of bilingual teachers and administrators should be held to discuss and share effective balanced literacy practices that are contributing to the linguistic and academic success of LEP students. 21

28 6. Instructional leadership Activities/Methods Campus administrators and specialists function and are seen as part of the instructional team at every campus. Campus leadership efforts should be based on guidance that supports successful language development. Expectations Principals shall conduct classroom walkthroughs at random and provide feedback to bilingual teachers on areas that are exceptional or that might warrant attention, prior to conducting the performance development appraisals as required. Teachers found to be lacking in their teaching competencies, or application of scientifically-based interventions shall be assisted with a professional development growth plan. The plan shall be appropriate for the teacher to have ample time to address the areas that have been identified as warranting attention. As part of the leadership effort implemented by the district, teachers and administrators will review LEP student data on an ongoing basis to evaluate and modify program and instruction for LEP students Principals and teachers will review LEP student PEIMS and TELPAS results and progress in language proficiency regularly 7. Grouping for instructional purposes Activities/Methods Teachers are at liberty to use a variation in grouping practices such as whole group, small group, individual and cooperative learning groups. Grouping decisions are based on data that identifies the specific linguistic/academic need of the child(ren) The use of grouping practices must not detract from quality time on task for students. Expectations Principals shall obtain feedback from teachers regarding the grouping practices that contribute the most to teaching and learning of LEP students. The training needs of the bilingual teachers shall include the latest research with best practices on grouping for instructional purposes. 22

29 8. Instructional Technology Activities/Methods The Bilingual Director, principals and teachers shall conduct an ongoing review of technology programs (software) that have proven to be effective in supplementing the teaching of English language learners. Expectations The Bilingual Director and principals shall obtain feedback from teachers regarding the effectiveness of instructional technology used for continued use or replacement. Information regarding program s effectiveness shall be shared with other elementary principals via or at principals meetings. 9. Compliance and accountability Activities/Methods All staff assigned to work with the LEP population shall make a dedicated effort to conduct all activities associated with the TBEP within the local and state policies. All program efforts shall be focused on attainment of the state standards for accountability. Complete all state and federal reports and activities on the progress or lack of progress of LEP students. Expectations The Bilingual Director shall take appropriate and timely measures including campus and program monitoring to gauge adherence to the state policies. The Director shall share reports with the principals of respective campuses. 23

30 10. Evaluation Activities/Methods The Bilingual Director shall develop a detailed management plan to guide a campus and districtwide evaluation of the TBEP. The evaluation processes shall determine project impact with specific data for an annual progress report that will serve as a district-wide management tool. Expectations Principals in coordination with the Bilingual Director shall implement the evaluation effort and all associated activities and processes as detailed in the evaluation management plan. The final document shall report on: 1. Educational performance and academic progress of LEP students enrolled in the TBEP for both Spanish and English results 2. Extent to which the students are becoming English proficient and reported via TELPAS 3. Number of LEP students who met exit criteria and were reclassified as Non-LEP 4. Training provided to principals, teachers and other staff assigned to the LEP population 5. Information to be shared with parents of participating LEP students as a Progress Report 6. Information to be used in the development and/or revision of the campus/district improvement plan 24

31 11. State adopted textbooks/materials and supplementary systems Activities/Methods Teachers are to use the state adopted textbooks, ESL materials and other supplementary systems in the daily instruction of the LEP students. Expectations Principals shall monitor the use of state adopted textbooks during classroom observations and as evidenced by teacher lesson plans. Campuses shall use their funds to purchase any consumable or additional texts for the adoption out of their local funds. The Bilingual Director, bilingual/esl teachers and administrators will participate in the selection of state adoptions for content materials and ESL materials 12. Professional development Activities/Methods Teachers assigned to the TBEP shall conduct periodic self-assessments to determine training needs. Formal requests to attend training workshops for professional development within the Rio Grande Valley area, including the Region I ESC, state and national conferences must be submitted by teachers within realistic timeframes. Attendance to workshops and conferences outside of the SBCISD shall be on a priority basis and within budgetary capability. Every effort is to be made to support bilingual teachers need or desire for professional development. Expectations Principals/Bilingual Director shall rely on all funding made available to support teacher s professional development in the TBEP. The funding sources may include: Local Chapter I Migrant SCE Bilingual allotment Other Teachers who are placed on a professional growth plan shall be given priority for training to address teaching competencies that warrant attention. Principals will coordinate with the Bilingual Director and other program administrators to schedule, facilitate and fund the professional development needed/desired. 25

32 13. Parental involvement Activities/Methods Effective and meaningful parental participation can only be realized when parents are convinced that there is a genuine desire on the part of teachers and the principals to have them participate and volunteer. Teachers should communicate with each other to identify how best to utilize parents in the classrooms. Some of the best practices in using parents include: Reading in Spanish to small or whole groups Tutoring one on one Mentors Cultural specialists Community specialists Arts and crafts assistants Expectations Principals shall obtain feedback from teaches regarding the effectiveness of parental involvement activities. Information regarding program s effectiveness shall be shared with other elementary principals via or at principals meetings. 26

33 SECTION 3

34 Identification and Placement of students at the secondary level REQUIREMENT: Students in Grades 6 through 12 - English As a Second Language/Content-Based (PEIMS code 2) An English program that serves students identified as students of limited English proficiency in English only by providing a full-time teacher certified under TEC (c) (ESL certified) to provide supplementary instruction for all content area instruction. It integrates English-as-asecond language, but using that language as a medium to learn mathematics, science, social studies, or other academic subjects. Exiting to an all English program of instruction: if the student enrolls in school during or after first grade, the student will remain in the program for a minimum of two to five years before being eligible to exit the ESL program. Students that have met state requirements for exit criteria in accordance with TAC may continue receiving services but the school district will not be allocated the bilingual allotment TEC ; At the high school the LEP student receives sheltered instruction in all content areas. Students in Grades 6 through 8 (if Grade 6 is not clustered with elementary grades [PK- 5]) must be served by at least one teacher who is certified in ESL for that grade level and is responsible for meeting the linguistic needs of the LEP students. 1 ELL students must receive instruction for the subject Language Arts by an ESL certified teacher. Sheltered Instruction teachers must be ESL certified. English As a Second Language/Pull-Out (PEIMS code 3) An English program that serves students identified as students of limited English proficiency in English only by providing a certified teacher under TEC (c) to provide English language arts instruction exclusively, while the student remains in a mainstream instructional arrangement in the remaining content areas ( Grades 6 8; English/Language Arts teacher must be ESL certified, and for recent immigrants sheltered teacher must be ESL certified; high school, English I for Speakers of Other Languages (ESOL I) and English II for Speakers of Other Languages (ESOL II) must be taught by a teacher certified to teach English who is also ESLcertified. 2 ) Instruction may be provided by the ESL teacher in a pull-out or inclusionary delivery model. Exiting to an all English program of instruction: if the student enrolls in school after first grade, the student will remain in the program for a minimum of two to five years before being eligible to exit the ESL program. Students that have met state requirements for exit criteria in accordance with TAC may continue receiving services but the school district will not be allocated the bilingual allotment TEC Students in Grades 6 through 12 - Students in Grades 9 through 12, who are not recent immigrants (1 3 year immigrants) may be counted for funding in a bilingual/esl program even if they are served by staff members who are not bilingual/esl-certified, only if they have received professional development in Sheltered Instruction and the English Language Proficiency Standards, (ELPS). Recent Immigrants must be taught by a certified ESL teacher in sheltered instruction. In addition, the ESOL teacher at the high school or the English teacher in middle school must be certified in ESL. Recent Immigrants In addition, the innovative course for recent immigrants Foundations of Intensive Language Acquisition and Support (FILAS) must also be taught by an ESL certified teacher according to Student Attendance Accounting Handbook, page Student Attendance Accounting Handbook, page

35 the requirements of 19 TAC Chapter 89, Subchapter BB, , Staffing and Staff Development and TEC Subchapter b, Sec This course is designed to meet the needs of secondary recent immigrant and/or recent arrivals LEP students in grades 9 11 who have little or no proficiency in the English language and who typically are classified at the preliterate, beginning and intermediate levels of proficiency. These students may be unschooled and/or have interrupted schooling. They may demonstrate literacy skills in their native language but lack foundational literacy and oral language skills necessary for successful completion of regular mainstream cross-curricular coursework. (TEA - Innovative Course Application ). 1. If a student is Limited English proficient, was promoted to the 6 th grade, and has been in the bilingual program since 1 st grade, you need to do the following: Verify why student is still considered LEP. Did the student pass the reading/writing STAAR? Are his report card grades low, average or high? Does the oral language proficiency score show English proficiency? If the student is English proficient according to the oral language proficiency test, his grades are good, did well on TELPAS, but failed the writing or reading STAAR, verify his proficiency level. Is the student beginner, intermediate, advanced, or advanced high? If the student is advanced, but still classified as LEP with parent approval, the student needs to take English with an ESL certified teacher, even if the students is considered mainstreamed. (See above for requirements.) If the student is a 2 nd year immigrant, and was exempt from taking the STAAR, or took the STAAR in Spanish, and is classified as beginner or intermediate, then the student needs at least 2 classes of ESL with an ESL certified teacher. If the student is a 1 st year immigrant, and is identified as beginner, the student needs at least 3 classes or more of ESL so the student can begin to learn the English language. This information must be well documented in the LPAC minutes/blue folder/time and treatment to ensure receiving campus knows where to place student. ESL Categories All ELL students in the Transitional Bilingual Program shall be assigned an ESL level (Beginner, Intermediate, Advanced or Advanced High) upon initial entry and at the end of every year thereafter through the use of the TELPAS scores, STAAR scores, IPT scores, and other student work. These levels will establish benchmarks for second language growth. A student will progress from one ESL level to the next as he/she meets the criteria for each level. A brief review of Second Language Acquisition Stages will serve as a reminder of students linguistic characteristics at the different ESL levels. These are: Beginner 28

36 A. Beginner Stage (Pre-production, early production) Receptive language One-to-one word responses Intermediate B. Early Intermediate (speech emergence) Increased comprehension in highly contextual settings Short phrases, basic vocabulary, BICS (Basic Interpersonal Communication Skills). C. Intermediate (Intermediate fluency) Speech patterns are more complex, yet with grammatical errors Increased comprehension Speaks in complete thoughts, BICS, simple CALP (Cognitive Academic Language Proficiency) Advanced D. Early Advanced Academically literate, (CALP) yet needs linguistic enhancement Makes oral and written grammatical errors Easy to plateau (student will not improve) if not provided with continued L2 instruction E. Advanced High Uses English for critical and analytical purposes. EXIT CRITERIA Chapter Testing and Classification of Students (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 English, and one of the following: (A) meeting state performance standards for the English language criterion-referenced assessment instrument for reading and writing (if in a grade level where writing is not tested, the district must adopt a writing test from the state approved tests list) required in the Texas Education Code (TEC), , 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. (2) In making this determination, other indications of a student s overall progress, including criterion-referenced test scores, subjective teacher evaluation, and parental evaluation, shall also be considered. (i) A student may not be exited from the bilingual education or English as a second language program in Pre-kindergarten, Kindergarten. In SBCISD, we do not exit students until grade 4 because we implement the Transitional Bilingual Late Exit Program. This program mandates that students remain in the program for a minimum of 6 years but no 29

37 longer than 7 years. A district must ensure that limited English proficient students are prepared to meet academic standards required by TEC, All students who are considered for exit from the bilingual program must have met the state performance standards in English of the criterion referenced assessment (STAAR) required in the Texas Education Code , for the grade level as applicable; and the student has passing grades in all subjects and courses taken. By implementing these policies, criteria and practices, the TBEP shall be offered to every student, who is identified as limited English proficient from Pre Kindergarten to Grade 5 at a minimum. This period of participation assures students to benefit from a comprehensive, structured and quality program until student meets exit criteria. LEP students, who enroll at any grade level other than PK, shall be provided bilingual instruction according to their language categories in both languages as described in the TBEP Instructional Framework for SBCISD until such time that the LEP students meet the required exit criteria described in this Model. 30

38 The following chart shows the criteria for transferring a LEP student out of the bilingual or ESL education program at different grade levels. IMPORTANT: The exit criteria shown in this chart are accurate as of the publication date of this handbook but are subject to change. Visit the TEA Bilingual Education web page at for the most current exit criteria English Proficiency Exit Criteria Chart At the end of the school year, a district may transfer (exit, reclassify, transition) a LEP student out of a bilingual or ESL education program for the first time or a subsequent time if the student is able to participate equally in a regular all-english instruction program as determined by satisfactory performance in all three assessment areas below and the results of a subjective teacher evaluation. 1 For State of Texas Assessments of Academic Readiness (STAAR) English reading and English writing, the performance level for program exit is Level II (Satisfactory Academic Performance) or above. Current School Year Oral = Listening & Speaking 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th Scored Fluent on 2 English OLPT Scored Fluent on 2 English OLPT Scored Fluent on English 2 OLPT Scored Fluent on English 2 OLPT Scored Fluent on English 2 OLPT Scored Fluent on English 2 OLPT Scored Fluent on English 2 OLPT Scored Fluent on English 2 OLPT Scored Fluent on English 2 OLPT Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 English Reading 3 Norm-Referenced Standardized Achievement Test 2 (Rdg./Lang.) 40th percentile or above Norm-Referenced Standardized Achievement Test 2 (Rdg./Lang.) 40th percentile or above STAAR STAAR STAAR STAAR STAAR STAAR 4 STAAR 4 STAAR Norm-Referenced Standardized Achievement Test 2 (Rdg./Lang.) 40th percentile or above English Writing 3 Agency-Approved Writing Test 2 Agency-Approved Writing Test 2 Agency- Approved Writing Test 2 STAAR Agency- Approved Writing Test 2 Agency- Approved Writing Test 2 STAAR Agency- Approved Writing Test 2 5 STAAR 5 STAAR Agency-Approved Writing Test 2 Subjective Teacher Evaluation Assessments, anecdotal notes, portfolios, etc TAC (h) 2 In the List of Approved Tests for Assessment of Limited English Proficient Students available on the following web page: 3 For STAAR, English reading and English writing refer to the grade-level tests in grades 3 8 and to the applicable end-of-course English I and II reading and writing assessments. 4 Exception: Texas English Language Proficiency Assessment System (TELPAS) Reading Advanced High will be used for all students with the Texas Assessment of Knowledge and Skills (TAKS) as their graduation requirement under state policy. 5 Exception: An agency-approved writing test from the list of approved tests will be used for all students with the TAKS as their graduation requirement under state policy. Note: LEP students may be exited only after the end of first grade based on 19 TAC (i). Note: LEP students for whom the LPAC has recommended linguistic accommodations on the STAAR reading or writing test may not be considered for exit.

39 Process for Considering Special Exit Criteria from Bilingual/English as a Second Language (ESL) Services Under 19 TAC (k) School Year Grades 1 12 Under Texas Administrative Code (TAC) (h), districts are required to use the exit criteria represented in the chart titled English Proficiency Exit Criteria Chart found at to exit English language learners (ELLs) from bilingual/esl programs. The exit criteria under TAC (h) apply to the vast majority of ELLs who receive special education services. In rare cases, an ELL receiving special education services may qualify to be exited using criteria permitted under TAC (k), which give special consideration to an ELL for whom assessments and/or standards under TAC (h) are not appropriate because of the nature of a student s particular disabling condition. This document outlines the process to follow when considering whether a student qualifies to exit using the criteria authorized by TAC (k). Step 1: Schedule Meeting to Evaluate Whether Student Potentially Qualifies for Exit At or near the beginning of the school year, a meeting is to be scheduled between key admission, review, and dismissal (ARD) committee and language proficiency assessment committee (LPAC) members to discuss whether the student qualifies to exit using criteria under TAC (k). o Through this process, a determination is made about the assessments and/or English language proficiency assessment standards to be used in the exiting process. o This process applies ONLY when one or more assessments and/or English language proficiency assessment standards under TAC (h) are not appropriate for the student in a particular language domain for reasons directly associated with the student s disability. In following this process, refer also to the document titled Guidance Related to ARD Committee and LPAC Collaboration found at o This process is to be used to address the needs of an individual student, not groups of students. Very few students qualify to exit using the TAC (k) criteria. o This process must be conducted by key admission, review, and dismissal (ARD) committee members (including a diagnostician when applicable) and key language proficiency assessment committee (LPAC) members who are familiar with the student s current progress and needs, including one or more teachers with in-depth knowledge of the student s second language acquisition and academic achievement. Step 2: Discuss Evidence of Need for Use of (k) Exit Criteria At the meeting, the participants discuss the second language acquisition of the student within the context of the individual student s disability to consider whether the TAC (k) exit criteria are warranted. o Consideration must be IEP-based and must include documented evidence that, because of the nature of the student s disability, the student is not expected to be able to attain English language proficiency in one or more domains and no longer appears to benefit from second language acquisition support in English to address second language acquisition cognitive, linguistic, and affective needs (or is expected to reach that point during the school year). o Evidence must include both historical formal and informal assessment data and direct teacher input. Ongoing informal assessment data may come from checklists, inventories, and other formative evaluations designed to identify the levels of academic functioning and English language proficiency of the student. The input of a diagnostician may be requested, as necessary, to help determine whether the TAC (k) exit criteria are warranted. Direct teacher input should provide further insight into the student s classroom performance and needs, and should include, if applicable, documentation of 1 Title 19 Texas Administrative Code Chapter 89 Adaptations for Special Populations; Subchapter BB. Commissioner s Rules Concerning State Plan for Educating Limited English Proficient Students 32

40 response to intervention, anecdotal notes, and other evidence drawn from sources such as classroombased observations and classroom activities. Step 3: Specify Assessments and English Language Proficiency Test Standards If, after reviewing the evidence, the meeting participants conclude that the student no longer benefits from second language acquisition support in English (or is expected to reach that point during the school year), the participants review the assessment information in the IEP and make exit criteria recommendations based on the information below. Caution should be exercised when considering exit of students in Grades 1-2. It may be premature in these grades to consider exit due to developmental factors related to emergent language and literacy. Additionally, in early grades it is often difficult to know the effect of the student s disability on long-term prospects for second language acquisition. ACADEMIC CONTENT ASSESSMENTS OF READING AND WRITING IN GRADES 1-2 o Norm-referenced standardized achievement tests are not required for students in grades 1-2 eligible under TAC (k). ACADEMIC CONTENT ASSESSMENTS OF READING AND WRITING IN GRADES 3-12 o Modification of performance standards on academic content assessments not permitted The Texas Education Agency has already modified student performance standards through the development of modified and alternate forms of the state s academic content assessments (STAAR Modified, STAAR Alternate, grade 11 TAKS M) for eligible students receiving special education services. Further modification of performance standards on academic content assessments is not permitted. Stateestablished standards must be used. o Selection of appropriate academic content assessments Students considered for exit criteria under TAC (k) should be those designated to take STAAR Modified, STAAR Alternate, or grade 11 TAKS M as determined by the ARD committee in conjunction with the LPAC. If a rare situation occurs in which the general STAAR assessment or the exit level TAKS or TAKS (Accommodated) assessment is considered to be the appropriate academic content assessment for a student who needs modified English language proficiency standards, consult the education service center bilingual/esl contacts for guidance. Reminder: State-established standards must be used. ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS IN GRADES 1-12 o Modification of English language proficiency assessment standards on a domain-by-domain basis Any modified standards must be supported by historical data and evidence that the student is not expected to be able to attain English language proficiency because of factors directly related to the student s disability and that the student no longer appears to benefit from second language acquisition support in English to address second language acquisition cognitive, linguistic, and affective needs (or is expected to reach that point during the school year). o Selection of appropriate English language proficiency assessments Listening: TELPAS listening or other OLPT from state-approved list Speaking: TELPAS speaking or other OLPT from state-approved list Reading: TELPAS reading or other English language reading proficiency test from state-approved list Writing: TELPAS writing or other English language writing proficiency test from state-approved list Step 4: Prepare Documentation Key members of the ARD committee and LPAC document the evidence, recommendation, assessments, and any modified English language proficiency test standards. Step 5: Discuss Recommended Exit Criteria in Formal ARD Committee Meeting Key members of the ARD committee and LPAC present the documentation at a formal ARD committee meeting. 2 33

41 o The meeting should take place as early in the current school year as possible or at the end of the year to be applied the next school year. The meeting must occur prior to the student s participation in the identified assessments. o Based on discussion at the formal ARD committee meeting, the IEP is updated with documentation of the modified exit criteria if the committee as a whole determines that exit is anticipated. Step 6: Determine and Document Whether Student Has Met Modified Exit Criteria At the end of the year, the ARD committee, with key LPAC members, meets to review the assessment results and subjective teacher evaluation required under TAC (h) to determine whether the student has met the modified exit criteria. o The subjective teacher evaluation must reflect the status of the student following the administration of the assessments. o This meeting is to be held at the end of the school year, as required by TAC Section (g). This means that an additional ARD committee meeting is necessary for students whose annual ARD committee meeting is held at a different time. o If the decision is made to exit the student based on the assessment results and subjective teacher evaluation, the ARD committee finalizes and documents the change in placement or program and delineates instructional services including the monitoring period for exited students. Furthermore, as required under TAC (l)(1)(H) relating to exit from bilingual education or ESL services, the LPAC also documents the exit decision in the student s permanent record file. also documents the exit decision in the student s permanent record file. English as a Second Language English as a second language programs must be offered in school districts required to offer bilingual education in the elementary grades as the second component of the bilingual education program. An ESL program must also be offered to all LEP students in Grades The state policies on ESL are basically those that apply to a bilingual education program that require the ESL program to be an integral part of the regular program, and that it be intensive to develop proficiency in the comprehension, speaking, reading and composition in the English language. The state policy mandates that ESL instruction must be offered according to the students level of English proficiency. In PreK-8, the amount of ESL instruction for LEP students may vary from the same amount of time accorded to English language arts for Non-LEP students, to a full-time program using second language methods. In Grades 9-12, ESL instruction may be provided in any of the courses or electives required for promotion or graduation to assist the LEP students master the Texas Essential Knowledge and Skills. This can be accomplished through the use of certified or endorsed ESL teachers as required by the state policy for the teachers of record, usually the language arts and/or reading teachers. Because ESL instruction is to be provided according to each LEP student s language proficiency in English, one period of ESL instruction only does not meet the state policy requirement. For this reason, ESL instruction must vary as described in the ESL instructional framework in this section of the Manual. The intensification of ESL instruction for Beginner and Intermediate LEP students will ensure that: 1. the LEP students becomes English proficient 2. the LEP students acquire the subject matter included in the TEKS curriculum 3. the LEP students meet passing and graduation requirements Because of the continuous growth of the LEP population at the secondary grades, targeted ESL instruction for LEP students can be augmented by other teachers who must be 34 3

42 trained in second language acquisition methodologies. When an adequate number of teachers, both certified and trained become available, a campus has attained the capacity to shelter the curriculum. A sheltered curriculum will ensure that LEP students are taught appropriate sheltered content-based instruction in the state s required curriculum with ESL methods according to their language categories, e.g., Beginner, Intermediate or Advanced. The state rules specifically point out that the use of English as a second language strategies shall not impede the awarding of credit toward meeting promotion or graduation requirements. The requirements to use ESL state adopted materials are also applicable to the ESL program, both as a component of the bilingual education program and as a secondary grades ESL program. As is the case for the bilingual education program, the ESL program must focus the instruction, including the integration of sheltered content-based ESL instruction, on the affective, linguistic and cognitive needs of the LEP students in every grade level. This can be accomplished as follows: in the affective domain, ESL methodology is used to introduce basic communication skills to instill a positive self-concept in the LEP students. in the linguistic domain, the ESL instruction is used to help students in developing the listening and speaking language skills through sequential English language development. The language development eventually will lead to proficiency in English reading and writing. in the cognitive domain, ESL approaches are used to introduce content knowledge in math, science, health and social studies. Many of the program features and practices for bilingual education programs that are described in this Manual can be adapted or replicated in an ESL program. An ESL program can provide added-value to program offering to assist LEP students transform their social English skills to academic English skills. One key reminder is that the state policies require that the amount of time devoted to ESL instruction must be greater for the beginner LEP student than it is for the intermediate student, and the advanced student. In order to facilitate effective English proficiency and academic success, ESL instruction should be provided according to the following framework. ESL Instructional Framework The Transitional English as a Second Language Program of SBCISD places emphasis on teaching and learning processes that rely on: 1. comprehensive second-language teaching competencies 2. the use of appropriate ESL methodology as a medium of instruction at every grade level and across all subjects of the state required curriculum 3. principal and teacher support 4. consistency of implementation by teachers to focus on the acquisition of mainstream English ESL methodology refers to an instructional effort to develop basic interpersonal communication skills [BICS]. Mainstream English is when students are able to use cognitive academic language proficiency [CALP] to interact with the required curriculum. A LEP student may only be assigned to a different language category based on the most current assessment information at the end of a school year. Focused and comprehensive ESL instruction shall be 35

43 provided on a daily basis at appropriate levels of comprehension for language arts and the content areas of math, science and social studies to every LEP student as shown in the chart below. The ESL instructional framework is also based on most of the instructional areas of focus listed for the bilingual education program model previously presented in this document. Language Category Levels Beginner Intermediate Advanced ESL Instructional Framework Allocation of Time/Instructional Focus Three periods to entire instructional day of ESL methods [BICS] by certified ESL teacher in language arts and sheltered math, science and social studies by certified ESL teacher or teacher trained in second language learning/methodology Two periods of ESL methods [BICS] in language arts by certified ESL teacher Initiate transition to English reading [CALP] and sheltered science and social studies by certified ESL teacher or teacher trained in second language learning/methodology One period of ESL methods in language arts by certified ESL teacher and remainder of instructional day in mainstream English [CALPS] 36

44 English as a Second Language via Sheltered English Teaching Instruction (To be used during the transitioning process for Elementary students and/or for secondary students.) Content areas taught in the second language shall be taught using the Sheltered English Teaching (SET) approach. The content objectives (i.e. Math, Social Studies, etc.) are taught through an explicit lesson design, which provides comprehensible input for ELL students. Through the use of ESL strategies and methodologies, the SET lesson reinforces content learned in Spanish while teaching the English language associated with that concept. The bilingual education teacher selects a unit of study that focuses on content objectives (STAAR and TEKS). The teacher makes a determination of how long it will take students to learn the concept being taught in Spanish and then plans for SET (Sheltered English) reinforcement activities. The teacher may introduce concepts in Spanish to ELL students, and then teach the academic English vocabulary associated with those concepts. SET maximizes teachers efforts and accelerates students language learning. Instead of one ESL period, the bilingual education teacher plans for each content area to have a SET component. Comprehensible input, e.g., understandable and meaningful language, is used to achieve learning. The techniques to be used include: o use of visuals, gestures, and body-language o use slow and enunciated language o stress high frequency vocabulary o clarify meaning in context o use long, natural pauses o stress participatory learning o use few idioms and slang Low-anxiety situations The Bilingual teacher can create a low-anxiety environment by: Forming small instructional groups of up to 10 students (Cooperative Learning); Reacting positively to all sincere attempts to communicate by the students, Using open-ended questions that encourage discussion, avoiding questions with only one correct answer; Showing interest in each student s response by elaborating upon that response; Restating someone s answer to validate the idea; Elaborating on the idea to create confidence; and Responding to incorrect grammar or syntax with comments such as: I understand what you mean. This is how you say it in standard English. ESL INSTRUCTIONAL MODIFICATIONS The provision of a quality language arts program that includes the TEKS, develops expanded meanings of language, builds vocabulary, and teaches word recognition and comprehension techniques to both ELL and native English-speaking students must be implemented at each campus. 37

45 ELL students who are struggling to speak, read, and comprehend the English language will have a few, if any, of the pre-skills necessary for academic success in language arts. Success in mastering language arts concepts is possible only to the extent that ELL students have acquired the basic oral proficiency and reading skills, specialized abilities, and knowledge demanded in the content area. To ensure that a quality English language arts program is provided for all students, teachers must be well aware of the importance of transitioning or transferring of skills. Transfer of Skills Between Languages Transfer is the process of connecting prior learning to present learning. Bilingual education is a mode for teaching English language arts that is based upon the positive transfer process whereby original learning in the primary language boosts comprehension and retention of information given in the course of English instruction. Recent research on the effective schools includes Effective Teaching Practices (ETP) in the areas of: teaching strategies time on task feedback techniques learning climate ELL students are best able to absorb knowledge through the language they know. Therefore, their English proficiency is strengthened through ESL until English becomes an appropriate modality for learning the language arts TEKS. Appropriate variations of instructional strategies ensure that students will master, retain, and transfer knowledge and skills when: teachers differentiate instruction for ELL according to the students entry-level language skills students understand complicated concepts by transferring known language competency to English and by developing conversational language abilities to abstract academic levels When they are acquiring English language skills and simultaneously receiving reading instruction in print as well as orally, LEP students should concentrate on developing these basic competencies: word recognition techniques to build reading vocabulary, comprehension of phrases, sentences, and expressions peculiar to reading instruction, syntax and grammar, and speaking skills; ability to organize and sequence information logically; and ability to follow specific oral and written directions. An ELL will have difficulty learning to speak, read, and write a second language while simultaneously trying to comprehend complex reading passages. Therefore, a teacher specializing in language arts must consider two relevant and basic questions: How much prior skill and knowledge does the student possess? How effectively is the student able to read the passages assigned? Unless the student has significant prior skill and knowledge and can effectively read the text, modifications of the language arts curriculum will be necessary. 38

46 MODIFYING THE LANGUAGE ARTS CURRIULUM FOR ELL STUDENTS A bilingual education program makes use of an ELL student s native language as well as English. The ESL component uses the second language, English, as the medium of instruction along with adaptive methodologies. The instructional staff should assess ELL students language abilities to determine which language should convey the content of the course. The selection of the appropriate medium is dependent on the language strengths and maturity of the ELL student. ELL students fall into three basic categories. The first is comprised of those who understand and speak English with some adequacy but who have not yet learned to read and write well in English. They will have more success in learning language arts concepts through oral and visual methods until reading comprehension in either language develops. A second is those students who are literate only in their native language. For these students, teachers should make a subject matter available in the written forms of their native language to enable them to keep pace with their Englishspeaking peers in course content. A third type of students may speak little English and have only speaking and no reading skills in their native language. For them, teachers should present the material orally through ESL techniques. After the ELL students language characteristics have been determined, teachers can identify the appropriate instructional methods, materials, and pacing necessary to ensure mastery. Further guidance on the process of determining the students best language of instruction can be found in Guidelines for Language Usage in Bilingual and English as a Second Language Programs, Texas Education Agency Publication AD General Principles Curriculum & Instruction Bilingual/ESL specialists have designed the curriculum to ensure mastery of the ESL TEKS. Bilingual or ESL certified instructors may form teams with personnel on emergency teaching permits to develop supplementary programs for ELL students. Parent volunteers and paraprofessionals can work with regular instructional personnel cooperatively to deliver the needed instruction in accordance with State Board rules. In other specific modifications appropriate for teaching the TEK, teachers may include instructional strategies with the following objectives: to help students build card files on needed vocabulary to show the same information through a variety of visual aids to encourage students to underline key words or important passages in written student assignments to teach vocabulary helpful in grouping words, language arts concepts, and techniques into meaningful categories to pair students for team learning to teach English expressions and colloquialisms to teach prefixes and suffixes peculiar to the English language to develop and translate meanings through the language arts materials and context rather than providing mere translation in the vernacular which does not guarantee the same meaning in the native language and often creates confusion 39

47 Further, instructional personnel should be alert to language and concepts that may be unclear in materials used because of cultural differences. Vocabulary Instruction In its comprehensive review and analysis of 30 years of reading research, the National Reading Panel described five main methods of teaching vocabulary, which are: explicit instruction, such as providing definitions: implicit instruction (exposure as students read widely): multimedia methods, such as graphic representations and hypertext: capacity methods in which practice is emphasized to make reading automatic; and association methods in which learners draw connections between known and unknown words (2000). The NRP found that vocabulary knowledge is significantly increased by multiple exposures to words in a variety of rich contexts, making connections with other reading material or oral language, pre-instruction of word meanings before reading, and active engagement of the learner in acquiring and using vocabulary. Computer programs designed to teach vocabulary were also seen as promising as adjuncts to direct vocabulary instruction. Graves and Watts-Taffe recommend four components to any vocabulary instruction program: 1.) wide reading so that implicit learning can occur; 2.) teaching individual words; 3.) teaching word learning strategies; and 4.) fostering word consciousness. The teaching of individual words is most effective when learners are given both definitional and contextual information, when learners actively process the new word meanings, and when they experience multiple encounters with words (2002). Pacing and Teaching Strategies The ELL students program must be paced according to language and academic abilities. Teachers should give consideration to the progression of language development listening, speaking, reading, and writing. They may make modifications in the language of instruction in accordance with each student s language ability, a factor that also should govern pacing of instruction. In ESL instruction, pacing modifications concentrate on vocabulary and concept development. Instructional personnel should carefully investigate course selections and placement at the students instructional levels. Additional modifications may include the following: to explain special vocabulary terms in words known to the students to write shorter and less complex sentences to assign short homework tasks that require reading to teach the words that signal sequence to check understanding of written language that may convey complex concepts to rewrite story problems in simpler English by using shorter sentences and pictures to teach new vocabulary in each day s unit and to review terms to tape short stories for independent listening assignments 40

48 to help students organize their materials, set realistic goals, and develop independent study habits. Recommended ways to teach word learning strategies include using context, using word parts to unlock the meanings of unknown words, and teaching students how to use the dictionary. Materials Needed All materials, whether state-adopted textbooks in Spanish or English, teacher-made lessons, or district-developed aids to instruction, should be modified to meet the students academic needs. offer a variety of reference materials at the students instructional level for independent use, keep a variety of word games to be played by pairs of students or small groups, provide numerous pictures to illustrate new words, use cartoons and leave the bubbles above the speakers blank to be filled in by the students, have students prepare glossaries of reading terms, use drawings to identify concepts and relationships, maintain a library of supplementary reference books, workbooks, and other materials that are written in simple English and that offer additional reading samples that are well illustrated, provide films, records, filmstrips, and other materials that may be used independently or in small groups, help students improve writing skills by highlighting transitional devices used in writing samples, and use pictures and other visual aids to assist in comparison and contrast for comprehension of concepts. GENERAL PRINCIPLES OF MODIFICATION FOR MATH To meet the instructional needs of the ELL through bilingual/esl education programs, campuses may modify their programs for learning English and for mastering the mathematics TEKS required. The program as modified in ESL instruction should begin: to emphasize and reinforce the concepts and ideas of mathematics as the students learn English, to emphasize acquisition of basic mathematics skills, to foster the thinking process, to stimulate continuous reorganization of previously learned ideas, and to support multiple learning styles. In ESL instruction, the sequence in which the TEKS are presented may be modified to accommodate the students progress in acquiring English language skills. Instructional methods and strategies may include the following objectives: to help students build card files and glossaries on mathematics vocabulary; to show the same information through a variety of different graphs and visuals; to encourage students to underline key words or important facts in their written assignments; 41

49 to encourage categorizing of mathematical words into meaningful groups to pair students for team learning; to teach English expressions for mathematical operations such as square, add, and multiply ; to teach measurement terms through use of the actual instruments and devices whenever possible; to teach words that indicate quantitative relationships such as more, less, larger, and twice as many ; and to teach prefixes peculiar to the language of mathematics such as bi, deci, centi, and kilo. Modifications may also include the teaming of bilingual or ESL certified instructors with personnel on emergency teaching permits to develop supplementary programs for ELL students. Parent volunteers and paraprofessionals can work with regular instructional personnel cooperatively to deliver the needed programs in accordance with the State Board rules. The ELL s program must be paced according to the language and academic abilities and should employ teaching strategies that take these students unique needs into consideration. In ESL instruction, pacing modifications concentrate on vocabulary and concept development. In addition, teachers may be able: to explain special vocabulary terms in simple words to the students; to write instructions and problems using shorter and less complex sentences; to prepare a sequence of ordinal numbers and identify the ordinal position of each one by writing the appropriate numerical symbol & word (i.e., 1 st -first ); to assign short homework tasks that require reading; to limit the number of problems that must be worked; to emphasize special mathematical meanings of words commonly used in English; to tape record problems for independent listening assignments; and to de-emphasize speed and emphasize accuracy of work. All materials, whether state-adopted textbooks in English, teacher-made lessons, or district-developed aids for instructions, should be modified to meet the students academic needs. The material should: provide numerous pictures to illustrate new words, offer a variety of reference materials at the student s instructional level for independent use, keep a variety of number games to be played in pairs or small groups, maintain a library of supplementary books and workbooks written in simple English which offer additional illustrations for problems, keep listening tapes on mathematical problems for individual assignments, help students prepare glossaries of mathematics terms, encourage the use of diagrams and drawings as aids to identify concepts and seeing relationships, and 42

50 support reading in mathematics by having films, records, filmstrips, and other materials which may be used independently or in small groups. GENERAL PRINCIPLES OF MODIFICATION FOR SOCIAL STUDIES To meet the instructional needs of the ELL student through Bilingual/ESL education programs, campuses should modify their programs for learning English and for mastering the TEKS required in social studies programs. Assessment of mastery should be consistent with the method of instruction used and may be conducted in the primary language or in English Campus administrators have the responsibility to ensure that instructors modify curriculum according to the learning styles and instructional needs of various students. The social studies curriculum that results from ESL instruction should begin: to foster the critical thinking process, to stimulate continuous reorganization of previously learned ideas, and to encourage further investigation of the information presented. Instructional strategies may also include the following objectives: to help students build individual card files on needed vocabulary for social studies, to show the same information through a variety of different graphs and visuals, to build vocabulary needed to read maps and legends as these are Discussed, to encourage students to underline key words or important facts in their written assignments, to teach necessary vocabulary for sorting categories of social studies concepts into groups and to explain this vocabulary in words known to the student, to use student pairs for team learning (cooperative learning) especially for reports, to teach the vocabulary helpful in evaluating material for logic of written expression and for categorizing as opinion or fact, to write shorter and less complex sentences and paragraphs with fewer sentences for easier comprehension, to use language experience techniques in discussing concepts and Ideas, to teach the words that signal sequence, and to check understanding of written language that may convey complex concepts that show students how to use a timeline to arrange the sequence important facts. Appropriate pacing may require reordering the sequence in which TEKS are provided until some degree of reading comprehension is reached. Informal reading inventories in the primary language and in English may be used to determine the students instructional level. In ESL instruction, the campus may use the state-adopted social studies textbooks adapted to ESL 43

51 methodologies. Other instructional materials such as teacher-made and commercially-made products should be modified to adjust for the students language and academic abilities. Additional suggestions to provide a number of pictures to illustrate new words, to offer a variety of reference materials at the students instructional levels for independent use, to use cartoons and leave the balloons above the speakers blank, to be filled in by the students, to collect many of the available comic books that portray historic and cultural events in simplified language, to prepare difficult passages from textbooks on tape for listening Activities, to use outline maps for students to practice writing in the details and Labels, to support reading instruction in the social studies by maintaining films, records, filmstrips, and other materials which may be used independently or in small groups, to present clear illustrations and concrete examples to assist the student in understanding complex concepts and skills, to highlight written materials for readability by enlarging the size of print, by organizing chapters meaningfully, and by writing headings that show introductions for transition from one idea to another, and to use pictures, tables, maps, diagrams, globes, and other visual aids to assist in comparison and contrast for comprehension of concepts. GENERAL PRINCIPLES OF MODIFICATION FOR SCIENCE To meet the instructional needs of the ELL student through bilingual/esl education programs, campuses have the responsibility to modify their curriculum according to the learning styles and different instructional needs of various students. The program as modified for ESL instruction should begin: to foster the critical thinking process, to stimulate continuous reorganization of previously learned ideas, and to encourage further investigation of the information presented. The interdisciplinary nature of science provides students with opportunities to apply skills acquired in other content areas while in the process of acquiring science skills. Modifications may need to be made especially if the science activity requires reading or writing. Instructional strategies may include the following objectives: to practice cause and effect relationships in the environment, laboratory, and on field trips facilitated by providing language and visual clues, to teach the special vocabulary of the scientist, particularly verbs such as discover, classify, and hypothesize, to help students build notebooks of their hypotheses, materials, procedures, date, and conclusions of experiments and field experiences, 44

52 to ask numerous questions which require higher level thinking Responses, to limit the number of variables in laboratory experiments, to show the same information through a variety of different charts and visuals, and to develop meanings through the science materials and activities rather than in terms of the equivalent words of the students vernacular since direct translations often do not convey the exact. meaning, to stress definitions of terms based on the students observations, to read a variety of sources to highlight contributions of scientists, inventors and researchers, to contrast interrogative, negative, and affirmative statements drawn from the science lesson, to encourage careful, thoughtful reading of short selections in which one main idea is presented, to encourage students to underline key words or important facts in written students assignments, to teach interrogative words and expressions and show how they are used in science, to answer such questions as who, how, when, and where and higher level questions, and to encourage complete sentences, correct spelling, and accuracy of expression of science methods and language. Appropriate pacing may require reordering the sequence in which TEKS are provided until some degree of reading comprehension is reached. Modifications may also involve placement of the student at an instructional level determined by the objectives the student has successfully completed. While incorporating the science TEKS in ESL instruction, the district may use the state-adopted science resources adapted to ESL methodologies. Other instructional materials such as teacher-made and commercially-made products should be modified according to the students language and academic abilities. The intent and purpose for modifications is to provide comprehensible input. The following are suggestions to help meet the needs of the students: providing a number of pictures to illustrate terms such as names of living things, weather patterns, and parts of the body, developing interests and arouse curiosity through hands-on experiences, the out of doors pictures, newspaper clippings, and periodicals, using cartoons and leave the balloons above the speakers blank, to be filled in, having students prepare collections of science objects such as rocks and leaves, preparing difficult passages from textbooks on tape for listening Activities, supporting reading instruction in science by having films, records, filmstrips and other materials which may be used independently or 45

53 in small group, presenting clear illustrations and concrete examples to assist the student in understanding complex concepts and skills, and highlighting written materials for readability by enlarging the size of the print, by organizing chapters meaningfully, and by writing headings that show introductions for transition from one idea to another. 46

54 SECTION 4

55 ATTACHMENT I Bilingual Education is monitored through the following indicators for compliance. BE Adm. 1. Clearly articulated mission for Bilingual/ESL education. BE Adm. 2. Home Language Survey in SPF BE Adm. 3. Home Language Survey in both English and Spanish BE Adm. 4. LEA administers an agency approved oral language proficiency test. BE Adm. 5. The LEA administers an English Reading and language Arts norm-reference test (2-12). BE Adm. 6. The LEA administers the Reading Proficiency Test in English (TELPAS.) BE Adm. 7. The LEA has an enrollment of 20 or more students in the same grade level district wide and offers a bilingual program. BE Adm. 8 The LEA has an enrollment of less than 20 LEP students in any language and offers an ESL program. BE Adm. 9. The LEA serves LEP students with parental permission. BE Adm. 10. The LEA addresses all required elements in a bilingual program. BE Adm. 11. ESL instruction is an extensive program to develop proficiency in English. BE Adm. 12. The LEA effectively uses automated processes for the submission of PEIMS data. BE Adm. 13. The LEA uses state-adopted textbooks. BE Adm. 14. The LEA has an exception to the bilingual program. BE Adm. 15. The LEA has a waiver for the ESL program. BE Adm. 16. Assigned teachers in bilingual or ESL are certified as required. BE Adm. 17. The LPAC uses the required criteria for identification and placement. BE Adm. 18. Board Policy provided for LPAC members to be selected or appointed and trained and is composed of the required members. BE Adm. 19. A professional member of the LPAC serves on the ARD committee. BE Adm. 20. The LEA provides LPAC training to all members including parents. BE Adm. 21. LPAC reviews all information on initial enrollment and end of school year. BE Adm. 22. The LPAC uses required criteria. BE Adm. 23. The LPAC notifies the parent of the student s reclassification. BE Adm. 24. The LPAC monitors academic progress of exited students for 2 years. BE Adm. 25. The LEA offers a bilingual education summer program for LEP students eligible for admission to kindergarten or first grade beginning the next school year. BE Adm. 26. Records relating to the identification of LEP students are maintained. 47

56 BE Adm. 27. The annual evaluation report includes information on student academic progress and other information necessary to evaluate quality programs BE Adm. 28. The LEA ensures that LEP students are not overrepresented in special education or under represented in gifted/talented programs. BE Adm. 29. The LEA provides information to parents describing the bilingual program, its benefits, and ensures that parents understand the purpose and content of the program. BE Adm. 30. The LEA expends at least 10% of the bilingual education allotment to improve the skills of the staff. BE Adm. 31. The LEA expends at least 55% of the allotment to supplement the instructional program. BE Adm. 32. The LEA uses an effective process to identify LEP students served with Title I, Part A funds. BE Adm. 33. The LEA has developed a comprehensive strategy for annual Bilingual/ESL program evaluations. BE Adm. 34. The LEA assures that qualified and highly effective Bilingual/ESL teachers are recruited, developed and retained. BE Adm. 35. The LEA provides professional development and technical assistance support. BE FM1. The LEA has a fiscal management system in place for ensuring proper expenditure and reporting of Bilingual/ESL funds. BE FM2. The LEA ensures the proper expenditure and reporting of state weighted Bilingual/ESL funds. BE FM3. The LEA has a valid and reliable method for reporting accurate PEIMS data that affect funding allocations. BE FM4. The LEA has the capacity to prepare and submit financial reports that are both accurate and reliable. BE FM5. The LEA has policies and procedures for ensuring that all allocated funds are expended each year. BE Acct. 1. The LEA uses completion/graduation rates to assess academic attainment of Bilingual/ESL students including tracking student performance data one year after exiting the Bilingual/ESL program. BE Acct. 2. The LEA uses follow-up data to assess Bilingual/ESL student participation in postsecondary education and/or work. BE Acct. 3. The LEA complements AEIS data with PBM, OCR and other quantitative and qualitative data to assess student performance and make informed decisions. BE Acct. 4. The LEA evaluated demographic data from year to year, with a focus on 48

57 BE Acct. 5. eliminating achievement gaps. The LEA annually evaluates its student performance data and provides ongoing, systematic, objective, evaluations of Bilingual/ESL programs. 49

58 FREQUENTLY ASKED QUESTIONS AND ANSWERS ATTACHMENT II The following section contains some of the frequent questions that have surfaced regarding the education of LEP students, misconceptions, myths and political agendas regarding bilingual education and ESL programs/results. It should be noted that the list of questions, as well as responses provided, are not all inclusive. Hopefully, the responses provided will contribute to a greater and better understanding of the merits and purposes of bilingual education and second language learning. 1. Why bilingual education? Bilingual education and ESL, either as the required component of a bilingual education program, or as a stand-alone program, are essential to the educational welfare of our ever increasing language minority and LEP population. As parents we have a moral obligation to allow our children to participate in specially designed programs to address identified needs. Bilingual education and ESL are these types of programs. These programs will not harm or thwart educational advances for students. Bilingual education has been proven by the Texas Successful Schools Study: Quality Education for Limited English Proficient Students, as well as a multitude of national and reliable research studies, to be effective and contributory to the linguistic and academic success of LEP students enrolled in quality and appropriate programs. One other reason as to why have bilingual education, includes our federal and state policies that require appropriate programs for children with special needs to protect each LEP child s civil rights, provide him or her with genuine quality educational opportunities, and ensure that all educational efforts leave no child behind, including the LEP student population in Texas public and charter schools. 2. The English language should not be viewed as second to any other language in the United States. Why does bilingual education treat English as the second ranked language? The designation of English as the second language and Spanish (or other home language) as the first, was never intended to convey rankings of the languages in first place or second. In a bilingual education program, when reference is made to L1, it is identifying the language spoken or heard in the language minority students homes. This is the first language that these students are exposed to in their childhood prior to enrolling in school. Upon enrollment, all students are exposed to the English language. Since English is not the first language that the language minority students have been exposed to, it is identified as L2. The L1 and L2 designation merely documents which languages the child has been exposed to and when that exposure came about. Unfortunately, this is one myth that has been perpetuated politically to create controversy against bilingual education. 3. As a parent, why do I have to enroll my child in a bilingual program if I can teach him Spanish at home? Parents will always have the right to provide their children the best educational opportunities, or to deny them such opportunities. The Texas policy requires that LEP students enrolled in the bilingual education or ESL must have parental approval in Grades PreK-12. The majority of language minority 50

59 parents, who are proficient in the home language, can only teach their children some communication skills, such as listening and speaking in their home language. We must remember that language has two purposes; one being to communicate with and the other to learn, or acquire knowledge with. In order for a child to use his or her home language to learn with, they must develop literacy in such language. Literacy means that a person knows how to read and write. This is where parents teaching their children Spanish at home and teachers teaching Spanish and the use of the language in an educational setting differs. As responsible and noble the parents want to be regarding the education of their children, parents can only be a teacher in a certain way. Teachers are trained professionally to facilitate learning and to improve the listening, speaking, reading and writing of the home language. When parents deny the opportunity for their child to benefit from participation in a bilingual education or ESL program, their child is destined to sink or swim in an all-english curriculum. The absence of such a program to prepare a student linguistically and academically can result in very traumatic experiences for such children, and may contribute to very poor performance in school, continued failure, and ultimately a school dropout. 4. Can we use a bilingual teacher to teach Spanish to the LEP students in our bilingual education program and a regular teacher to teach them English? Districts are at liberty to do what they wish with their students, but in the context of the state policy, the answer to this question is no. Since the English to be taught to the LEP students has to be done via the ESL component in a bilingual education program, the bilingual teacher and the ESL teacher must be bilingual and ESL certified, respectively [TEC (c)]. In the ESL sheltered curriculum, where all teachers in the content areas are using ESL methods, at least the language arts ESL teacher must be certified; the other teachers should be trained in ESL methodology. 5. Will 45 minutes of Spanish instruction and 45 minutes, or one period a day of ESL instruction, be sufficient in a bilingual education program for the LEP students? The state policy reads, The amount of instruction in each language within the program shall be commensurate with the students level of proficiency in each language and their level of academic achievement. [TAC (b)] Since the LEP population is usually classified in one of four language categories, e.g., Beginner, Intermediate, Advanced and Advanced High, the time devoted to Spanish instruction must differ between the four categories of students. For ESL instruction, the policy reads, instruction in ESL may vary from the amount of time accorded to instruction in English language arts in the regular program for Non-LEP students to a full-time instructional setting utilizing second language methods. [TAC (d)]. Additionally, in 2 nd grade and above, the academic level of the LEP students must be taken into consideration. The answer to the question above then can be either no or yes as follows. It must be no for students who are in the Beginner and Intermediate language categories, and for LEP students who are in the Advanced or Advanced High, but scoring below the 23 rd percentile on either the reading or language arts section of the norm-referenced test (NRT) administered to the students for initial identification. It may be yes for students who are in the Advanced and Advanced High language categories and scoring between the 23 rd and the 40 th percentile in both the reading and language arts 51

60 sections of the NRT administered to these students for initial identification. 6. Why does everything have to be taught in Spanish all day in a bilingual education program? In order for the program to be bilingual, there must be instruction in two languages Spanish and English. When a program is only teaching in the Spanish language to the exclusion of the English (ESL) language, it is not a bilingual education program. Native language teachers in a bilingual education program can teach the language arts and the content areas in Spanish, but the LEP students must see an ESL certified teacher during the day for instruction in English. 7. Why can t we have an English immersion program in Texas like they have in California, Nevada, Colorado and other states? The education of LEP students in Texas public and charter schools is governed by state law and a federal court order known as Civil Action The policies of this state do not permit for bilingual programs that do not meet the technical compliance requirements found in the policies of this state. Additionally, the results of other states bilingual education efforts have documented negligible success in LEP students acquiring comprehensive and functional English proficiency. The mandates of the Texas state law and the court decree are what have kept the English Only advocates from politicizing bilingual education and bringing the English immersion agenda into Texas public and charter schools. School districts in Texas that are following the actions and program efforts of other states must be prepared to face possible citations of non-compliance from the Texas Education Agency, the State Audit Office, and/or the U. S. Office for Civil Rights in the Dallas Regional Office. 8. Won t teaching my child in Spanish in a bilingual education program keep him/her from learning English? No, the whole purpose and goal of bilingual education according to state policy is to become English proficient. The policy states, A bilingual education program established by a school district shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language and for carefully structured and sequenced mastery of English language skills. [TEC (a)]. This has been one of the myths of bilingual education programs. 9. How long does my child have to remain in the bilingual education or ESL program? It is highly recommended that a LEP student remain in the appropriate bilingual education or ESL program until such time that s/he can meet all of the exit criteria at the end of a school year found in the state policy. When this happens, the child will be able to perform satisfactorily in the regular all-english curriculum. The criteria include scoring at Advanced or Advanced High in the OLPT in English, above the 40 th percentile on both the reading and language arts sections of the NRT, or passing/mastering the TAKs tests for his/her respective grade level above the 2 nd grade. [TAC (h)]. 10. Once my child meets the exit criteria does s/he have to exit the program or may s/he continue to participate? A student who meets the exit criteria must be reclassified as Non-LEP but may continue to participate in the bilingual education or ESL program with approval from the parent 11. As a parent, when and how will I know that my child is making progress in learning the English language? Are these progress reports supposed to be included in the report cards or grading system reported to the parents every 52

61 nine weeks? The state policy does not require, nor prohibit school districts from sharing periodic information with parents on LEP students progress in learning English in the bilingual education or ESL program. The rules of the commissioner of education do require that school districts conduct an annual evaluation of the bilingual education and ESL program. The evaluation must document the progress that LEP students have made over the year and districts must report such progress and results to parents in either English or Spanish, or both as may be necessary. [TAC (c)]. 12. If my child is in a bilingual education program, won t s/he be seen as being in a remedial program by the students who are not in the same program? Bilingual education is not a remedial program. It is a developmentally appropriate program that allows students to learn the four essential language skills of listening, speaking, reading and writing in their home language and in English. The purpose of the bilingual education program according to the policies of the state is to help LEP students acquire English proficiency. A remedial program is provided to students who are not having academic success in reading or math, for example, and allows them to be taught in smaller groups of students, with the use of computer assistance, and/or a specialized teacher. Students of any language group, including English speakers, may participate in a remedial program, whereas students who come from homes where the language spoken is other than English are the priority population for a bilingual education program. 13. What is the difference between bilingual education and the special education program? Bilingual education and special education are two different programs. If a child has been identified as limited English proficient (LEP) s/he should not be placed in the special education program because of his/her difficulty with the English language. A LEP student may benefit from services provided in a special education program if the student has a handicapping condition or a learning disability. There has been a practice where school districts place LEP students in special education because the child has a language problem, but not a learning disability. This practice has resulted in an over-representation of LEP students in special education, not only in Texas public schools, but throughout the nation. The U. S. Office for Civil Rights has the jurisdiction to cite schools districts that implement this practice with a violation of the LEP students civil rights, if the school districts exceed the national norm for LEP students in special education. This norm has been established at about six percent. In Texas the state policy requires that the Admissions, Review and Dismissal (ARD) committee of a special education program coordinate with the language proficiency assessment committee (LPAC) of the campus to deliberate on the best instructional placement for LEP students with handicapping conditions or learning disabilities. The placement may include bilingual education or ESL instruction. A member of the campus LPAC must serve on the ARD committee when deliberations on LEP students take place, regardless of their grade levels. 53

62 ATTACHMENT III Findings of the Texas Successful Schools Study: Quality Education for Limited English Proficient Students This section provides a listing, not in rank order, of the findings that were documented from data and information contained in the Texas Successful Schools Study of August This list is not all inclusive of all findings reported by the Study. The findings include: 1) The academic performance of 3 rd grade LEP students in the seven Study campuses significantly exceeded the performance of 3 rd grade LEP students in the cohort comparison group in external campuses. 2) The academic performance of former LEP students in the 5 th grade in the seven Study campuses exceeded the performance of former LEP students in 5th grade students in the cohort comparison group in external campuses. 3) The most significant difference in 5 th grade academic performance between former LEP students in the seven Study campuses and former LEP students in the cohort of external campuses was noted when students had been in the bilingual education program for 5 and 6 years. 4) In the Late-Exit model at Bowie Elementary, the exiting of LEP students was more evident in Grade 4 and Grade 5, after students had been in the bilingual education program for 6 and 7 years. 5) Transition to all-english instruction was not evident for LEP students in the Beginner level. 6) The language categories utilized for LEP student classification in six of the seven Study sites were Beginner, Intermediate and Advanced. The remaining site relied on categories of A, B, C, D, and E (formerly required under the LAU Remedies of 1975). 7) The program offering for LEP students was enhanced by coordinating different funding categories that included the Foundation adjusted basic allotment, Bilingual allotment (10% of the adjusted basic allotment), State Compensatory allotment (20% of the adjusted basic allotment), Title I Regular/Migrant, Title VII Bilingual Education, and the Emergency Immigrant Education Program. 8) The results of two of the assessment features surveyed for the Study show that there is a tendency to assess English proficiency more often than Spanish proficiency. According to the Rules of the Commissioner, assessment of LEP students in English is required to reclassify students who meet the required exit criteria to Non-LEP status. This requirement invariably results in a greater effort to assess the English language than there is to assess the Spanish language. 9) Bilingual education was provided to the LEP students as integral parts of the regular school program in all seven Study sites. 10) The Study sites implemented the appropriate program by focusing on the affective, linguistic and cognitive domains to ensure that LEP students become competent in the comprehension, speaking, reading and composition of the English language. 54

63 11) Although all of the seven Study sites reported a teacher: pupil ratio above the state average in , six of the Study sites were rated as exemplary and one was rated recognized. 12) LEP students were classified as English proficient, e.g., Non-LEP when scoring at or above the 40 th percentile on the English reading and English language arts sections of a norm-referenced assessment instrument, or at the end of the school year in which a student would demonstrate mastery (not passing ) of the TAAS required subjects according to respective grade level. 13) When responding to allowing LEP students to express themselves in Spanish versus English, the teacher responses indicated almost equal results with 95 percent responding Yes to Spanish, and 96 percent responding Yes to English. These results document that both languages were given equitable prestige. 14) Principal and district leadership support for LEP students received almost equal responses, with principal support having 94 percent Yes responses, and district leadership support having 93 percent Yes responses. 15) The type of training that teachers felt had the most impact on their professional development was the local district training when the district brought in experts in the field of bilingual education or other curriculum areas. Staff development provided by district staff was ranked second followed by university training. 16) Teacher preparation, staff training and administrative support were ranked by teachers as the three top factors that contributed to LEP student success 17) Value-added characteristics that contributed to enhancement of programs for LEP students included appropriate assessment measures, effective instructional and implementation practices, and comprehensive parent involvement. PROCEDURES Q & A Q 1. How does an LPAC know to proceed for testing with an IPT after a child enrolls? Answer: The PEIMS clerk or whoever enrolls a child at the campus must provide a list of newly enrolled students whose Home Language Survey (HLS) states that the child speaks a language other than English to the campus administrator or LPAC administrator. Q2. When and who tests the child whose language is other than English? Answer: The LPAC administrator notifies the assessor that a new student needs to be tested with the oral language proficiency test (OLPT) in English and Spanish. The assessor must be fluent in both languages, or if fluent in English, test in English and a Spanish fluent assessor must test in Spanish. In addition, the assessor must have received training on the assessment. At our district, assessors must go to the Ballard and Tighe website and go through the training. The website is: Q3. What happens after the student is given the IPT, does the assessor make the placement decision? Answer: The assessor tests and provides the information to the LPAC administrator. The LPAC administrator sets up a meeting, and ensures that action is taken within 20 working days. The assessor does not make the decision, the LPAC makes the placement decision. 55

64 Q4. Does the LPAC have to document the actions taken during the meeting? Answer: Yes. All actions have to be documented. The LPAC must document the students reviewed and the action taken for each one of the students. There must be minutes for each individual students and placed in the students permanent record folder (PRF). The LPAC must utilize minute district forms to ensure consistency across the district. (Forms may be found in the district s website under departments Bilingual Education.) Q5. Do LPAC members have to receive training? Answer: All LPAC members participating in the LPAC must be trained annually. Q6. What are the LPAC s responsibilities? Answer: The LPAC is responsible to conduct timely reviews of every child who has a language other than English, designate language proficiency level, assign the most appropriate classroom setting, Ensure the monitoring of ELL students and the monitoring of the exited ELL students for 2 years, Middle of the year meeting to designate the appropriate state assessment Keep appropriate documentation of all interventions recommended and provided, End of year meeting to determine student progress, exit, of all ELL students including denials Must attend yearly trainings for beginning of the year, middle of the year and end of year reviews Q7. What documents must be kept on file? Answer: The LPAC Administrator must keep the following documents on file: LPAC member names Training dates Signed Family Education Rights Privacy Act (FERPA) form Meeting dates Names of students reviewed, date, and action taken for each individual student. Q8. Do all required LPAC members have to be present at the meeting? Answer: All required LPAC members must be present at the meeting, and must sign the minutes. Q9. Who determines the students level of language proficiency? Answer: The LPAC determines students level of language proficiency utilizing the results of the IPT, information provided to the committee by the teacher based on the students response in class, and any other pertinent data. Q10. Are the minutes filed in the campus office? Answer: Brief minutes noting the students reviewed, and a brief note of the action taken must be on file in the campus office. Individual student minutes must be signed and filed in the student s PRF. Q11. How does the student s assigned teacher/s become aware of LPAC s designation of students level of English proficiency? Answer: LPAC administrator may provide a student form with the student s information, but the best way to become familiar with the students proficiency designation is to review the students 56

65 individual PRFs where the recommended time and treatment is filed. This process may be difficult at the secondary level, so it is recommended that each teacher serving the LEP student receive information regarding the student s language proficiency level, and the LPAC s instructional recommendations. Q12. What bilingual program model is followed in San Benito CISD? Answer: The district follows the Transitional Bilingual Late Exit Program. See page 10 of this manual for a description of the model. Q13. What ESL program model is followed for the secondary schools? Answer: The district may use English as a Second Language/Content- Based or English as Second Language/Pull- Out. See page 27 of this manual for a description of both models. Q 14. What language of instruction should be used in the classroom, and how does the teacher know what language of instruction to use for each individual student? Answer: Teachers must follow the time and treatment in the Bilingual/ESL Instructional manual. If the student has a designation of Intermediate English proficient, then the teacher must follow the time and treatment for the intermediate level. If the teacher does not understand, then he/she must seek clarification from his/her administrator, Instructional Specialist, or Dean. If still unsure, they should contact the director of Bilingual Education. Information is provided during the LPAC/Instructional program training. Q15. May the student s teacher or the principal change the language of instruction at any point and time? Answer: No. Not one individual, whether it be a teacher or administrator should change the time and treatment based on his/her own opinion. The instructional decisions and student s English language proficiency level takes place at the end of the year when the LPAC reviews student data to ensure student progress. Q16. What data is used to determine the students level of proficiency? Answer: A student s level of English proficiency is reviewed at the end of the year by the LPAC using data such as state assessment, TELPAS, student performance reports, TPRI, Tejas Lee, teacher input, state assessments, and other. This takes place at the End of Year Review (EOY). Q17. Where is EOY information noted? Answer: The EOY information should be noted on the minutes form and placed in the student s PRF and the blue folder. The minutes should be signed by all LPAC members. Q18. At the beginning of the year, may the student s teacher change (not follow the LPAC s recommendation) the time and treatment or the language of instruction for the student? Answer: The teacher may not change the time and treatment based on his/her opinion. Teachers must follow the time and treatment to provide the instruction based on the student s language proficiency and the LPAC recommendations. Q19. Why is it that the teacher may not change the instruction? It would appear that the teacher knows more about the student s needs than the LPAC, and shouldn t we be trying to teach the English language so that they can become proficient English speakers? 57

66 Answer: At the end of the year, the LPAC conducts a review for each individual LEP student. Decisions are made based on the information provided by the previous teacher as well as assessment data results. It is important that the student learns the English language, as that is the language that will bring the student academic and social success in the U.S. However, we must teach the student appropriately to ensure the acquisition of the English language as well as academic success. If we rush the student, and teach him/her the English language without focusing on the understanding of the academics, the student will be able to speak the English language, but will not be academically proficient. While the student is learning the English language, we must ensure that he is learning his academics in his primary language. The student will transfer his skills from his primary language to the English language. We must remember that a student must be taught to read in his/her primary language to reach reading proficiency. The student must receive reading instruction in his/her primary language all year long. If the student is falling behind, interventions must be provided. We must also ensure that the student is being instructed properly. If the student is reading at an advanced level in his/her primary language, the student may be regrouped to a group of advanced level readers in the student s primary language. Do not begin to teach the student in English until the following year if recommended by the LPAC. The goal is to develop academic proficiency in the student s primary language while learning the English language, hence the purpose of the time and treatment. Q20. So when do we teach the English language? Answer: English as a second language (ESL must be a daily part of the schedule. This is when English is taught to the student. During ESL, oral language development as well as the components of listening, speaking, reading, and writing must be taught. As the student progresses in his/her English proficiency level, the student receives English in the content area through ESL strategies. Again, the time and treatment in the manual provides guidance in this area. Bilingual education means simply that the student is being taught in two languages. ( If the student is taught only in English, then the student is not being served with bilingual education, and we should not claim the student in PEIMS as enrolled in the bilingual program.) Q21. How do we ensure the student is learning once we begin teaching in English? Answer: We must continue to teach the student in two languages, his/her primary language and the English language. To ensure the student learns the English while learning the academics in his/her primary language, we must teach minutes of ESL daily. Once we begin to transition the student to the English language such as a 60% Spanish and 40% English, we must provide 40% of the instruction which includes the ESL time and content instruction in English using ESL strategies to ensure students understand what we are teaching. Q22. Once we begin to teach the content subject area in English, we don t have to use Spanish? Answer: In Bilingual education, we must continue to teach in two languages until the child is exited or moves up to the secondary level where he/she receives only ESL instruction. To ensure the two languages are taught, do the following: Introduce the vocabulary in Spanish, and then in English (set up side by side). Provide the objective and a brief description of the concept to be taught in Spanish before you begin the lesson in English. If more Spanish is needed to introduce the concept, then take more time to teach the concept in Spanish. 58

67 The instruction must continue in this manner until the students are exited from the bilingual program. Q23. What is the teacher fluency requirement? Answer: Federal law requires teachers to be fluent orally and in writing in the language/s the teacher is responsible for teaching. All bilingual teachers are required to demonstrate proficiency in English and in Spanish before hiring. Q 24. How does the teacher obtain information about the time and treatment for each student? Answer: Teachers teaching a bilingual class must become familiar with the LPAC review and recommendation for each student for whom he/she is responsible. Q25. Enrollment for Recent Immigrants If student is 15 years old and has completed 2 years or less of secundaria in Mexico, he/she enrolls at Veterans Memorial Academy VMA evaluates transcript through LUCHA and ensures proper placement If students completed secundaria (tercer añ0), he/she should have a certificate of completion and have earned at least 6 credits. Recommendation: Student enrolls at SBHS the high school evaluates transcript through LUCHA and ensures proper placement. If student has 3 years of preparatoria (equivalent to 4 years in high school) we need to determine if student graduated or completed la preparatoria and should not be allowed to enroll until student brings proper documentation. If student has attended any year of preparatoria an di s about 18 or 19 years of age, more than likely he/she has sufficient credits (6+) to enroll at the high school. Recommendation: Student enrolls at SBHS High school evaluates credits through LUCHA and ensures proper placement. However, if student enrolls with high school credits, regardless of age, administrators should follow the Secondary Grading Policy regarding the number of credits and placement. If student has completed la preparatoria, he/she is not allowed to enroll with SBCISD since he/she has completed the equivalent of a highs school education. Students who are 14 years of age as of September 1 st must enroll at Middle School. (If a student turns 15 after September 1 st, the student remains in middle school.) However, if a student enrolls with high school credits, administrators should follow the Secondary Grading Policy regarding the number of credits and placement. Students who are 15 years of age as of September 1 st must enroll in the 9 th grade. The exception to this is when a student enrolls at a middle school after the first semester, or is 15, but turned 15 after Sept. 1 st. VMA transcript analysis is completed through LUCHA to ensure proper placement. However, if a student enrolls with high school credits, administrators should follow the Secondary Grading Policy regarding the number of credits and placement. Students 18 years or older must enroll at the high school regardless of the number of credits earned at previous high school. High School transcript analysis and credit audits are completed through LUCHA to ensure proper placement. Students who have graduated/completed high school requirements in another country will not be eligible to enroll in our district. If, however, a student does not bring records, and enrolls, once it is determined that the student has completed his/her education in his/her country, the student will be withdrawn from school. Campus administrators will follow district guidelines regarding students coming from another country (recent immigrants). 59

68 SECTION 5

69 BILINGUAL TEACHER STIPEND San Benito CISD PK-12 The following criteria will be used to qualify teachers for the current year s Bilingual/ESL Supplement stipend. A teacher must meet all the requirements to receive a stipend. The class size is determined by the highest enrollment at any one time through the school year. (See chart on next page to determine stipend for class size) Criteria for Bilingual Teacher Supplement: 1. Teacher is bilingual certified to teach and has a Bilingual Endorsement or Certificate* at the elementary level, or is ESL certified at the secondary level. 2. Student being served are Limited English Proficient (LEP) with parent approval. 3. Bilingual teacher will follow and implement the district s bilingual program model design appropriate for grade level and language proficiency level of students: beginner, intermediate, advanced. 4. Dual Language Instruction: the use of both Spanish and English will be commensurate to the student s level; of proficiency: beginner, intermediate, or advanced level. 5. Teacher must provide documentation of verifiable dual language instruction through: a) Lesson Plans b) Schedules c) Grade book/grades d) Classroom Observation 6. The three (3) components of bilingual education: linguistic, Cognitive, and affective are implemented and reflected in lesson plans. 7. Teacher utilizes state adopted books and instruction materials both in Spanish and English. 8. First year teachers teaching in a bilingual/esl setting must attend a minimum of 20 hours professional development in bilingual/esl six of those hours must be in the LPAC Responsibilities, and the District s Instructional Program. This requirement is for the first year teacher teaching bilingual education in San Benito CISD. One teachers complete their first year requirement, they must continue to attend the six hour LPAC training session to stay abreast of the bilingual program and/or teacher sin a bilingual/esl or regular setting attend bilingual/esl training sessions over the above the required hours, they may receive a professional development stipend. Bilingual/ESL teachers employed at the beginning of the school year must attend the LPAC training session by October of the school year. LPAC sessions are offered in July, August and September, to ensure all teachers teaching in a bilingual setting have the opportunity to attend the required LPAC training session. An LPAC session will be offered in January or February of the school year for teachers hired in the second semester only. 9. At the secondary level, stipends are paid by periods in classes consisting of 75% or more ESL population and number of class periods taught. Special Notes: Resource Special Education, Physical Education, and Fine Arts teachers do not qualify for the bilingual stipend. 60

70 BILINGUAL TEACHER STIPEND San Benito CISD Elementary Grades Teachers providing dual language instruction the use of both Spanish and English commensurate to the student s level of proficiency: beginner, intermediate and/or advanced level will be provided the stipend based on the established criteria under Bilingual Teacher Stipend and the total number of students enrolled in the program. Number of Students Amount * Students * $1, * Students * $ * 5 10 Students * $ * 1 4 Students * $

71 BILINGUAL/ESL TEACHER STIPEND San Benito CISD Secondary Schools Teachers teaching ESL classes will receive the stipend as long as they teach ESL (Language Acquisition and Support). ESL Certified Teachers must be teaching ESL to receive the stipend. Other instruction, such as Read 180, does not earn a stipend. Resource Special Education and Fine Arts Teachers do not qualify for the bilingual stipend. Teachers who meet all the required criteria, and fulfill their contract will receive their stipend in the May payroll check. Number of Class Periods Amount * 6 * $1, * 5 * $ * 4 * $ * 3 * $ * 2 * $ * 1 * $

72 ENGLISH AS A SECOND LANGUAGE (ESL) TEACHER STIPEND San Benito CISD High School Number of Class Periods Amount * 3 * $1, * 2 * $ * 1 * $

73 BILINGUAL/ESL STIPEND PRINCIPAL S RESPONSIBILITIES 1) Ensure teachers are certified in Bilingual/ESL. 2) Lesson plans reflect the language of instruction and ESL must be a part of the schedule. 3) Spanish instruction must be provided based on the students level of language proficiency. (not grade level, but students level of language proficiency) 4) Verify that teachers have attended the required professional development as mandated by district procedures. 5) Verify to Human Resources the maximum number of students served by each teacher throughout the year, without duplicating. Example: A teacher has 22 LEP students with parent approval enrolled in class. In December, 3 students withdraw. By February, 3 new LEP students with parent approval have enrolled. The maximum count is 22, not 25. If, however; the enrollment remains 19 throughout the rest of the year, the maximum count is still 22. 6) Walk-Throughs reflect that Spanish instruction is taking place and that the affective, Linguistic and cognitive needs of the students are being addressed. 64

74 SECTION 6

75 SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT ELEMENTARY TRANSITIONAL MODEL TIME ALLOCATIONS INSTRUCTION IN THE THREE DOMAINS AFFECTIVE LINGUISTIC COGNITIVE Via Dual Language Instruction 80% 20% CATEGORIES BEGINNER INTERMEDIATE ADVANCED 75% 25% 60% 40% 50% 50% 40% 60% 30% 70% 20% 80% Progress Reports to parents to reflect ESL listening and speaking abilities. Progress reports to parents reflect progress towards English reading and writing supported by ESL methodology. Shaded areas: Primary Language Clear Areas: ESL (b) The amount of instruction in each language shall be commensurate with the student s level of proficiency in both languages and their level of academic achievement. Instruction must be tailored to student needs. The classroom teacher must determine adjustment in classroom treatment as language proficiency grows in the second language. The Campus LPAC makes category determination at the end of year annual review. *The English language proficiency standards outline English language proficiency level descriptors and student expectations for English language learners (ELL) in Kindergarten Grade 12. The ELPS are cross- curricular and shall be implemented as an integral part of each subject in the required curriculum. ELPS implementation also increases commensurate to the students proficiency level. 65

76 LANGUAGE CATEGORY BEGINNER INTERMEDIATE ADVANCED ADVANCED HIGH WAIVERS MONITORED (2 YEARS) San Benito Consolidated Independent School District Bilingual Program Instructional Plan CATEGORY PROGRESSION SPANISH LANGUAGE ARTS MATH SCIENCE SOCIAL STUDIES LANGUAGE ARTS SOCIAL STUDIES OTHER CONTENT AREAS- CONCEPT INTRODUCTION READING & CONTENT AREA VOCABULARY ENRICHMENT READING SHELTERED ENGLISH ESL HEALTH FINE ARTS ESL MATH SCIENCE HEALTH ESL SOCIAL STUDIES ESL CONTENT AREA CONCEPT CONNECTIONS *Modify time and treatment for PK to ½ day that equals to 180 minutes. See recommended schedule for PK ENGLISH PE PE FINE ARTS LANGUAGE ARTS MATH, SCIENCE, SOCIAL STUDIES, FINE ARTS, PE, TECHNOLOGY, HEALTH LANGUAGE ARTS MATH, SCIENCE, SOCIAL STUDIES, FINE ARTS, PE, TECHNOLOGY, HEALTH IMMERSED IN ALL SUBJECTS ALL SUBJECTS 66

77 LANGUAGE OF INSTRUCTION SUBJECT AREA San Benito Consolidated Independent School District Bilingual Program Instructional Plan Recommended Time and Treatment Goal: Accelerated English Language/Literacy for ELL students BEGINNER INTERMEDIATE ADVANCED Year 1 Year 2 Year 3 Year 4 Year 5 RECOMMENDED DAILY INSTRUCTIONAL TIME S P A N I S H On Grade Level E N G L I S H **SL LANGUAGE ARTS MATH SCIENCE SOCIAL STUDIES TOTAL ESL 310 Minutes 310 Minutes 80% 35 Minutes 290 Minutes 290 Minutes 75% 35 Minutes 270 Minutes 270 Minutes 70% 75 Minutes 160 Minutes 160 Minutes 40% 185 Minutes 140 Minutes 140 Minutes 35% 175 Minutes 80 Minutes 80 Minutes 20% 265 Minutes 60 minutes 60 Minutes 15% 285 Minutes MATH SL SCIENCE SL SOCIAL STUDIES SL HEALTH To be integrated 20 Minutes SL FINE ARTS SL To be integrated To be integrated To be integrated To be integrated To be integrated To be integrated To be integrated Physical 45 Minutes 45 Minutes 45 Minutes 45 Minutes 45 Minutes 45 Minutes 45 Minutes Education TECHNOLOGY Site- Based Decision Site- Based Decision Site- Based Decision Site- Based Decision Site- Based Decision Site- Based Decision Site- Based Decision TOTAL 80 Minutes 20% 100 Minutes 25% 120 Minutes 30% 230 Minutes 60% 250 Minutes 65% 310 Minutes 80% 330 Minutes 85% *7 hour instructional day Reference: (EA Local & Grading Procedures) includes 30 minutes Lunch period; **Second Language (SL) Subject Areas To Be Taught Using Effective ESL Methods and Techniques for LSRW (i.e.. Sheltered Instruction, Visuals, Vocabulary Emphasis, Cooperative Learning, Etc.) The English Language Proficiency Standards outline English language proficiency level descriptors and student expectation for English language learners (ELL) in Kindergarten Grade 12. The ELPS are cross- curricular and shall be implemented as in integral part of each subject in the required curriculum. ELPS implementation also increases commensurate to the students proficiency levels. 67

78 SECTION 7

79 Chapter 89. Adaptations for Special Populations Subchapter BB. Commissioner's Rules Concerning State Plan for Educating English Language Learners Statutory Authority: The provisions of this Subchapter BB issued under the Texas Education Code, , , , , , , and , unless otherwise noted Policy. (a) (b) (c) (d) It is the policy of the state that every student in the state who has a home language other than English and who is identified as an English language learner shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program, as required in the Texas Education Code (TEC), Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in the TEC, 1.002(a), each school district shall: (1) identify English language learners based on criteria established by the state; (2) provide bilingual education and ESL programs, as integral parts of the regular program as described in the TEC, 4.002; (3) seek certified teaching personnel to ensure that English language learners are afforded full opportunity to master the essential knowledge and skills required by the state; and (4) assess achievement for essential knowledge and skills in accordance with the TEC, Chapter 39, to ensure accountability for English language learners and the schools that serve them. The goal of bilingual education programs shall be to enable English language learners to become competent in listening, speaking, reading, and writing in the English language through the development of literacy and academic skills in the primary language and English. Such programs shall emphasize the 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 English language learners to participate equitably in school. The goal of ESL programs shall be to enable English language learners to become competent in listening, speaking, reading, and writing in the English language through the integrated use of second language methods. The ESL program shall emphasize the 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 English language learners to participate equitably in school. Bilingual education and ESL programs shall be integral parts of the total school program. Such programs shall use instructional approaches designed to meet the special needs of English language learners. The basic curriculum content of the programs shall be based on the essential knowledge and skills required by the state. 68

80 Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) English language learner--a person who is in the process of acquiring English and has another language as the first native language. The terms English language learner and limited English proficient student are used interchangeably. (2) Dual language immersion--an educational approach in which students learn two languages in an instructional setting that integrates subject content presented in English and another language. Models vary depending on the amount of each language used for instruction at each grade level. The program must be based on instruction that adds to the student's first language. The implementation of a dual language immersion program model is optional. (3) School district--for the purposes of this subchapter, the definition of a school district includes an open-enrollment charter school. Source: The provisions of this adopted to be effective May 28, 2012, 37 TexReg Required Bilingual Education and English as a Second Language Programs. (a) (b) (c) (d) (e) (f) Each school district that has an enrollment of 20 or more English language learners in any language classification in the same grade level district-wide shall offer a bilingual education program as described in subsection (b) of this section for the English language learners 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. A school district shall provide a bilingual education program by offering dual language instruction in prekindergarten through the elementary grades, using one of the four bilingual program models described in of this title (relating to Program Content and Design). School districts are authorized to establish a bilingual education program at grade levels in which the bilingual education program is not required under subsection (a) of this section. All English language learners for whom a school district is not required to offer a bilingual education program shall be provided an English as a second language program as described in subsection (e) of this section, regardless of the students' grade levels and home language, and regardless of the number of such students. A school district shall provide English as a second language instruction by offering an English as a second language program using one of the two models described in of this title. School districts may join with other school districts to provide bilingual education or English as a second language programs. 69

81 Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg Exceptions and Waivers. (a) Bilingual education program. (1) Exceptions. A school district that is unable to provide a bilingual education program as required by (a) of this title (relating to Required Bilingual Education and English as a Second Language Programs) shall request from the commissioner of education an exception to the bilingual education program and the approval of an alternative program. The approval of an exception to the bilingual education program shall be valid only during the school year for which it was granted. A request for a bilingual education program exception must be submitted by November 1 and shall include: (A) (B) (C) (D) (E) a statement of the reasons the school district is unable to offer the bilingual education program with supporting documentation; a description of the proposed alternative modified bilingual education or intensive English as a second language programs designed to meet the affective, linguistic, and cognitive needs of the English language learners, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title (relating to Curriculum Requirements); an acknowledgement that certified teachers available in the school district will be assigned to grade levels beginning at prekindergarten followed successively by subsequent grade levels to ensure that the linguistic and academic needs of the English language learners with beginning levels of English proficiency are served on a priority basis; a description of the training program the school district will provide to improve the skills of the certified teachers that are assigned to implement the proposed alternative program and an assurance that at least 10% of the bilingual education allotment shall be used to fund this training program; and a description of the actions the school district will take to ensure that the program required under (a) of this title will be provided the subsequent year, including its plans for recruiting and training an adequate number of certified teachers to eliminate the need for subsequent exceptions and measurable targets for the subsequent year. (2) Approval of exceptions. Bilingual education program exceptions will be granted by the commissioner if the requesting school district: (A) meets or exceeds the state average for English language learner performance on the required state assessments; 70

82 (b) (B) (C) meets the requirements and measurable targets of the action plan described in paragraph (1)(E) of this subsection submitted the previous year and approved by the Texas Education Agency (TEA); or reduces by 25% the number of teachers under exception for bilingual Spanish programs when compared to the number of exceptions granted the previous year. (3) Denial of exceptions. A school district denied a bilingual education program exception must submit to the commissioner a detailed action plan for complying with required regulations for the following school year. (4) Appeals. A school district denied a bilingual education program exception may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further. (5) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under the Texas Education Code (TEC), , if a school district: (A) (B) is denied a bilingual education program exception for more than three consecutive years; or is granted an exception based on meeting or exceeding the state average for English language learner performance on the required state assessments but has excessive numbers of allowable exemptions from the required state assessments. (6) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under the TEC, English as a second language program. (1) Waivers. A school district that is unable to provide an English as a second language program as required by (d) of this title because of an insufficient number of certified teachers shall request from the commissioner a waiver of the certification requirements for each teacher who will provide instruction in English as a second language for English language learners. The approval of a waiver of certification requirements shall be valid only during the school year for which it was granted. A request for an English as a second language program waiver must be submitted by November 1 and shall include: (A) (B) a statement of the reasons the school district is unable to provide a sufficient number of certified teachers to offer the English as a second language program; a description of the manner in which the teachers in the English as a second language program will meet the affective, linguistic, and cognitive needs of the English language learners, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title; 71

83 (C) (D) (E) (F) an assurance that certified teachers available in the school district will be assigned to grade levels beginning at prekindergarten followed successively by subsequent grade levels in the elementary school campus and, if needed, secondary campuses, to ensure that the linguistic and academic needs of the English language learners with the lower levels of English proficiency are served on a priority basis; the name of each teacher not on permit who is assigned to implement the English as a second language program and for each teacher under a waiver, the estimated date for the completion of the English as a second language supplemental certification, which must be completed by the end of the school year for which the waiver was requested; a description of the training program that the school district will provide to improve the skills of the certified teachers that are assigned to implement the proposed English as a second language program and an assurance that at least 10% of the bilingual education allotment shall be used to fund this training; and a description of the actions the school district will take to ensure that the program required under (d) of this title will be provided the subsequent year, including its plans for recruiting and training an adequate number of certified teachers to eliminate the need for subsequent waivers. (2) Approval of waivers. English as a second language waivers will be granted by the commissioner if the requesting school district: (A) (B) meets or exceeds the state average for English language learner performance on the required state assessments; or meets the requirements and measurable targets of the action plan described in paragraph (1)(F) of this subsection submitted the previous year and approved by the TEA. (3) Denial of waivers. A school district denied an English as a second language program waiver must submit to the commissioner a detailed action plan for complying with required regulations for the following school year. (4) Appeals. A school district denied an English as a second language waiver may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further. (5) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under the TEC, , if a school district: (A) (B) is denied an English as a second language waiver for more than three consecutive years; or is granted a waiver based on meeting or exceeding the state average for English language learner performance on the required state assessments but has excessive numbers of allowable exemptions from the required state assessments. 72

84 (6) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under the TEC, Source: The provisions of this adopted to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg Program Content and Design. (a) (b) (c) Each school district required to offer a bilingual education or English as a second language program shall provide each English language learner the opportunity to be enrolled in the required program at his or her grade level. Each student's level of proficiency shall be designated by the language proficiency assessment committee in accordance with (g) of this title (relating to Language Proficiency Assessment Committee). The school district shall modify the instruction, pacing, and materials to ensure that English language learners have a full opportunity to master the essential knowledge and skills of the required curriculum. Students participating in the bilingual education program may demonstrate their mastery of the essential knowledge and skills in either their home language or in English for each content area. The bilingual education program shall be a full-time program of instruction in which both the students' home language and English shall be used for instruction. The amount of instruction in each language within the bilingual education program shall be commensurate with the students' level of proficiency in each language and their level of academic achievement. The students' level of language proficiency and academic achievement shall be designated by the language proficiency assessment committee. The Texas Education Agency (TEA) shall develop program guidelines to ensure that the programs are developmentally appropriate, that the instruction in each language is appropriate, and that the students are challenged to perform at a level commensurate with their linguistic proficiency and academic potential. The bilingual education program shall be an integral part of the regular educational program required under Chapter 74 of this title (relating to Curriculum Requirements). In bilingual education programs using Spanish and English as languages of instruction, school districts shall use state-adopted English and Spanish instructional materials and supplementary materials as curriculum tools to enhance the learning process; in addition, school districts may use other curriculum adaptations that have been developed. The bilingual education program shall address the affective, linguistic, and cognitive needs of English language learners as follows. (1) Affective. English language learners shall be provided instruction in their home language to introduce basic concepts of the school environment, and instruction both in their home language and in English, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall address the history and cultural heritage associated with both the students' home language and the United States. (2) Linguistic. English language learners shall be provided instruction in the skills of listening, speaking, reading, and writing both in their home language and in English. The instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects. 73

85 (d) (3) Cognitive. English language learners shall be provided instruction in language arts, mathematics, science, and social studies both in their home language and in English. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects. The bilingual education program shall be implemented with consideration for each English language learner's unique readiness level through one of the following program models. (1) Transitional bilingual/early exit is a bilingual program model that serves a student identified as limited English proficient in both English and Spanish, or another language, and transfers the student to English-only instruction. This model provides instruction in literacy and academic content areas through the medium of the student's first language, along with instruction in English oral and academic language development. Non-academic subjects such as art, music, and physical education may also be taught in English. Exiting of a student to an all-english program of instruction will occur no earlier than the end of Grade 1 or, if the student enrolls in school during or after Grade 1, no earlier than two years or later than five years after the student enrolls in school. A student who has met exit criteria in accordance with (h), (j), and (k) of this title (relating to Testing and Classification of Students) may continue receiving services, but the school district will not receive the bilingual education allotment for that student. (2) Transitional bilingual/late exit is a bilingual program model that serves a student identified as limited English proficient in both English and Spanish, or another language, and transfers the student to English-only instruction. Academic growth is accelerated through cognitively challenging academic work in the student's first language along with meaningful academic content taught through the student's second language, English. The goal is to promote high levels of academic achievement and full academic language proficiency in the student's first language and English. A student enrolled in a transitional bilingual/late exit program is eligible to exit the program no earlier than six years or later than seven years after the student enrolls in school. A student who has met exit criteria in accordance with (h), (j), and (k) of this title may continue receiving services, but the school district will not receive the bilingual education allotment for that student. (3) Dual language immersion/two-way is a biliteracy program model that integrates students proficient in English and students identified as limited English proficient. This model provides instruction in both English and Spanish, or another language, and transfers a student identified as limited English proficient to English-only instruction. Instruction is provided to both native English speakers and native speakers of another language in an instructional setting where language learning is integrated with content instruction. Academic subjects are taught to all students through both English and the other language. Program exit will occur no earlier than six years or later than seven years after the student enrolls in school. A student who has met exit criteria in accordance with (h), (j), and (k) of this title may continue receiving services, but the school district will not receive the bilingual education allotment for that student. The primary goals of a dual language immersion program model are: 74

86 (e) (f) (A) (B) (C) the development of fluency and literacy in English and another language for all students, with special attention given to English language learners participating in the program; the integration of English speakers and English language learners for academic instruction, in accordance with the program design and model selected by the school district board of trustees. Whenever possible, 50% of the students in a program should be dominant English speakers and 50% of the students should be native speakers of the other language at the beginning of the program; and the promotion of bilingualism, biliteracy, cross-cultural awareness, and high academic achievement. (4) Dual language immersion/one-way is a biliteracy program model that serves only students identified as limited English proficient. This model provides instruction in both English and Spanish, or another language, and transfers a student to English-only instruction. Instruction is provided to English language learners in an instructional setting where language learning is integrated with content instruction. Academic subjects are taught to all students through both English and the other language. Program exit will occur no earlier than six years or later than seven years after the student enrolls in school. A student who has met exit criteria in accordance with (h), (j), and (k) of this title may continue receiving services, but the school district will not receive the bilingual education allotment for that student. The primary goals of a dual language immersion program model are: (A) (B) (C) the development of fluency and literacy in English and another language for all students, with special attention given to English language learners participating in the program; the integration of English speakers and English language learners for academic instruction, in accordance with the program design and model selected by the school district board of trustees; and the promotion of bilingualism, biliteracy, cross-cultural awareness, and high academic achievement. English as a second language programs shall be intensive programs of instruction designed to develop proficiency in listening, speaking, reading, and writing in the English language. Instruction in English as a second language shall be commensurate with the student's level of English proficiency and his or her level of academic achievement. In prekindergarten through Grade 8, instruction in English as a second language may vary from the amount of time accorded to instruction in English language arts in the general education program for English proficient students to a full-time instructional setting using second language methods. In high school, the English as a second language program shall be consistent with graduation requirements under Chapter 74 of this title. The language proficiency assessment committee may recommend appropriate services that may include content courses provided through sheltered instructional approaches by trained teachers, enrollment in English as a second language courses, additional state elective English courses, and special assistance provided through locally determined programs. The English as a second language program shall be an integral part of the regular educational program required under Chapter 74 of this title. School districts shall use state-adopted English as a second language instructional materials and supplementary materials as 75

87 (g) curriculum tools. In addition, school districts may use other curriculum adaptations that have been developed. The school district shall provide for ongoing coordination between the English as a second language program and the regular educational program. The English as a second language program shall address the affective, linguistic, and cognitive needs of English language learners as follows. (1) Affective. English language learners shall be provided instruction using second language methods in English to introduce basic concepts of the school environment, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall address the history and cultural heritage associated with both the students' home language and the United States. (2) Linguistic. English language learners shall be provided intensive instruction to develop proficiency in listening, speaking, reading, and writing in the English language. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills. (3) Cognitive. English language learners shall be provided instruction in English in language arts, mathematics, science, and social studies using second language methods. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills. The English as a second language program shall be implemented with consideration for each English language learner's unique readiness level through one of the following program models. (1) An English as a second language/content-based program model is an English program that serves only students identified as English language learners by providing a fulltime teacher certified under the Texas Education Code (TEC), (c), to provide supplementary instruction for all content area instruction. The program integrates English as a second language instruction with subject matter instruction that focuses not only on learning a second language, but using that language as a medium to learn mathematics, science, social studies, or other academic subjects. Exiting of a student to an all-english program of instruction without English as a second language support will occur no earlier than the end of Grade 1 or, if the student enrolls in school during or after Grade 1, no earlier than two years or later than five years after the student enrolls in school. At the high school level, the English language learner receives sheltered instruction in all content areas. A student who has met exit criteria in accordance with (h), (j), and (k) of this title may continue receiving services, but the school district will not receive the bilingual education allotment for that student. (2) An English as a second language/pull-out program model is an English program that serves only students identified as English language learners by providing a part-time teacher certified under the TEC, (c), to provide English language arts instruction exclusively, while the student remains in a mainstream instructional arrangement in the remaining content areas. Instruction may be provided by the English as a second language teacher in a pull-out or inclusionary delivery model. Exiting of a student to an all-english program of instruction without English as a second language support will occur no earlier than the end of Grade 1 or, if the student enrolls in school during or after Grade 1, no earlier than two years or later than five years after the student enrolls in school. At the high school level, the English language 76

88 (h) (i) (j) learner receives sheltered instruction in all content areas. A student who has met exit criteria in accordance with (h), (j), and (k) of this title may continue receiving services, but the school district will not receive the bilingual education allotment for that student. Except in the courses specified in subsection (i) of this section, English as a second language strategies, which may involve the use of the students' home language, may be provided in any of the courses or electives required for promotion or graduation to assist the English language learners to master the essential knowledge and skills for the required subject(s). The use of English as a second language strategies shall not impede the awarding of credit toward meeting promotion or graduation requirements. In subjects such as art, music, and physical education, the English language learners shall participate with their English-speaking peers in regular classes provided in the subjects. The school district shall ensure that students enrolled in bilingual education and English as a second language programs have a meaningful opportunity to participate with other students in all extracurricular activities. The required bilingual education or English as a second language programs shall be provided to every English language learner with parental approval until such time that the student meets exit criteria as described in (h) of this title or graduates from high school. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg Home Language Survey. (a) (b) (c) (d) School districts shall conduct only one home language survey of each student. The home language survey shall be administered to each student new to the school district and to students previously enrolled who were not surveyed in the past. School districts shall require that the survey be signed by the student's parent or guardian for each student in prekindergarten through Grade 8, or by the student in Grades The original copy of the survey shall be kept in the student's record. The home language survey shall be administered in English and Spanish; for students of other language groups, the home language survey shall be translated into the home language whenever possible. The home language survey shall contain the following questions. (1) "What language is spoken in your home most of the time?" (2) "What language does your child speak most of the time?" Additional information may be collected by the school district and recorded on the home language survey. The home language survey shall be used to establish the student's language classification for determining whether the school district is required to provide a bilingual education or English as a second language program. If the response on the home language survey indicates that a language other than English is used, the student shall be tested in accordance with of this title (relating to Testing and Classification of Students). 77

89 Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg Language Proficiency Assessment Committee. (a) (b) (c) (d) (e) (f) (g) 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). In school districts required to provide a bilingual education program, the language proficiency assessment committee shall be composed of the membership described in the Texas Education Code (TEC), If the school district does not have an individual in one or more of the school job classifications required, the school district shall designate another professional staff member to serve on the language proficiency assessment committee. The school district may add other members to the committee in any of the required categories. In school districts and grade levels not required to provide a bilingual education program, the language proficiency assessment committee shall be composed of one or more professional personnel, a campus administrator, and a parent of an English language learner participating in the program designated by the school district. No parent serving on the language proficiency assessment committee shall be an employee of the school district. A school district shall establish and operate a sufficient number of language proficiency assessment committees to enable them to discharge their duties within 20 school days of the enrollment of English language learners. 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. 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 language learners identified in accordance with (f) of this title (relating to Testing and Classification of Students), and shall: (1) designate the language proficiency level of each English language learner in accordance with the guidelines issued pursuant to (b) and (e) of this title (relating to Program Content and Design); (2) designate the level of academic achievement of each English language learner; (3) designate, subject to parental approval, the initial instructional placement of each English language learner in the required program; (4) facilitate the participation of English language learners in other special programs for which they are eligible provided by the school district with either state or federal funds; and 78

90 (h) (i) (j) (k) (l) (5) classify students as English proficient in accordance with the criteria described in (h) of this title, and recommend their exit from the bilingual education or English as a second language program. 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 language 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). The language proficiency assessment committee shall give written notice to the student's parent advising that the student has been classified as an English language learner and requesting approval to place the student in the required bilingual education or English as a second language program. The notice shall include information about the benefits of the bilingual education or English as a second language program for which the student has been recommended and that it is an integral part of the school program. Pending parent approval of an English language learner's entry into the bilingual education or English as a second language program recommended by the language proficiency assessment committee, the school district shall place the student in the recommended program, but may count only English language learners with parental approval for the bilingual education allotment. The language proficiency assessment committee shall monitor the academic progress of each student who has exited from a bilingual or English as a second language program during the first two years after exiting in accordance with the TEC, The student's record shall contain documentation of all actions impacting the English language learner. (1) Documentation shall include: (A) (B) (C) (D) (E) (F) (G) (H) (I) the identification of the student as an English language learner; the designation of the student's level of language proficiency; the recommendation of program placement; parental approval of entry or placement into the program; the dates of entry into, and placement within, the program; assessment information as outlined in Chapter 101, Subchapter AA, of this title; additional instructional interventions provided to students to ensure adequate yearly progress; the date of exit from the program and parental approval; and the results of monitoring for academic success, including students formerly classified as English language learners, as required under the TEC, (c)(4). (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. 79

91 (m) A school district may identify, exit, or place 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) reasonable attempts to inform and obtain permission from a parent or guardian have been made and documented; (3) approval is obtained from: (A) (B) an adult who the school district recognizes as standing in parental relation to the student, including a foster parent or employee of a state or local governmental agency with temporary possession or control of the student; or the student, if no parent, guardian, or other responsible adult is available; or (4) a parent or guardian has not objected in writing to the proposed entry, exit, or placement. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg Testing and Classification of Students. (a) (b) (c) (d) For identifying English language learners, school 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 assessment, or another test approved by the TEA, unless the norm-referenced standardized achievement instrument is not valid in accordance with subsection (f)(2)(c) of this section. School districts that provide a bilingual education program shall administer an oral language proficiency test in the home language of the student who is eligible to be served in the bilingual education program. If the home language of the student is Spanish, the school district shall administer the Spanish version of the TEA-approved oral language proficiency test that was administered in English. If the home language of the student is other than Spanish, the school district shall determine the student's level of proficiency using informal oral language assessment measures. 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. The grade levels and the scores on each test that shall identify a student as an English language learner shall be established by the TEA. The commissioner of education shall review the approved list of tests, grade levels, and scores annually and update the list. 80

92 (e) (f) (g) (h) Students with a language other than English shall be administered the required oral language proficiency test in prekindergarten through Grade 12 and norm-referenced standardized achievement instrument in Grades 2-12 within 20 school days of their enrollment. For entry into a bilingual education or English as a second language program, a student shall be identified as an English language learner using the following criteria. (1) In prekindergarten through Grade 1, 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. (2) In Grades 2-12: (A) (B) (C) 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; the student's score on the English reading and/or English language arts sections of the TEA-approved norm-referenced standardized achievement instrument at his or her grade level is below the 40th percentile; or 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 standardized achievement instrument or other test approved by the 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 (j) of this section is required. (4) The admission review and dismissal (ARD) committee in conjunction with the language proficiency assessment committee shall determine an appropriate assessment instrument and designated level of performance for indicating limited English proficiency as required under subsection (d) of this section for students for whom those tests would be inappropriate as part of the individualized education program (IEP). The decision for entry into a bilingual education or English as a second language program shall be determined by the ARD committee in conjunction with the language proficiency assessment committee in accordance with (g) of this title (relating to Language Proficiency Assessment Committee). Within 20 school days of their initial enrollment in the school district, students shall be identified as English language learners and enrolled into the required bilingual education or English as a second language program. Prekindergarten and kindergarten students preregistered in the spring shall be identified as English language learners and enrolled in the required bilingual education or English as a second language program within 20 school days of the start of the school year in the fall. 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 general education, all-english instructional program. This determination shall be based upon all of the following: (1) TEA-approved tests that measure the extent to which the student has developed oral and written language proficiency and specific language skills in English; 81

93 (i) (j) (k) (l) (2) satisfactory performance on the reading assessment instrument under the Texas Education Code (TEC), (a), or a TEA-approved English language arts assessment instrument administered in English, or a score at or above the 40th percentile on both the English reading and the English language arts sections of a TEA-approved norm-referenced standardized achievement instrument for a student who is enrolled in Grade 1 or 2; and (3) TEA-approved criterion-referenced written tests when available, or other TEAapproved tests when criterion-referenced tests are not available, and the results of a subjective teacher evaluation. A student may not be exited from the bilingual education or English as a second language program in prekindergarten or kindergarten. A school district must ensure that English language learners are prepared to meet academic standards required by the TEC, 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 student meets state performance standards in English on the criterion-referenced assessment instrument required in the TEC, , for the grade level as applicable; and (2) the student has passing grades in all subjects and courses taken. The ARD committee in conjunction with the language proficiency assessment committee shall determine an appropriate assessment instrument and performance standard requirement for exit under subsection (h) of this section for students for whom those tests would be inappropriate as part of the IEP. The decision to exit a student who receives both special education and special language services from the bilingual education or English as a second language program is determined by the ARD committee in conjunction with the language proficiency assessment committee in accordance with applicable provisions of subsection (h) of this section. Notwithstanding of this title (relating to Group-Administered Tests), all tests used for the purpose of identification, exit, and placement of students and approved by the TEA must be re-normed at least every eight years. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg Minimum Requirements for Dual Language Immersion Program Model. (a) (b) A dual language immersion program model must address all curriculum requirements specified in Chapter 74, Subchapter A, of this title (relating to Required Curriculum) to include foundation and enrichment areas, English language proficiency standards, and college and career readiness standards. A dual language immersion program model shall be a full-time program of academic instruction in English and another language. 82

94 (c) (d) (e) A minimum of 50% of instructional time must be provided in the language other than English. Implementation should: (1) begin at prekindergarten, kindergarten, or Grade 1, as applicable; (2) continue without interruption incrementally through the elementary grades whenever possible; and (3) consider expansion to middle school and high school whenever possible. A dual language immersion program model shall be developmentally appropriate and based on current best practices research. Source: The provisions of this adopted to be effective May 28, 2012, 37 TexReg Dual Language Immersion Program Model Implementation. (a) (b) (c) (d) Student enrollment in a dual language immersion program model is optional. A dual language immersion program model must fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability. A school district must obtain written parental approval for student participation in the program sequence and model established by the school district. A school district implementing a dual language immersion program model must develop a policy on enrollment and continuation for students in this program model. The policy must address: (1) eligibility criteria; (2) program purpose; (3) grade levels in which the program will be implemented; (4) support of program goals as stated in of this title (relating to Program Content and Design); and (5) expectations for students and parents. Source: The provisions of this adopted to be effective May 28, 2012, 37 TexReg Eligible Students with Disabilities. (a) School districts shall implement assessment procedures that differentiate between language proficiency and handicapping conditions in accordance with Subchapter AA of this chapter (relating to Commissioner's Rules Concerning Special Education Services) and shall establish placement procedures that ensure that placement in a bilingual education or English as a second language program is not refused solely because the student has a disability. 83

95 (b) Admission, review, and dismissal committee members shall meet in conjunction with language proficiency assessment committee members to review the educational needs of each English language learner who qualifies for services in the special education program. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective May 28, 2012, 37 TexReg Participation of English Proficient Students. School districts may enroll students who are not English language learners in the bilingual education program in accordance with the Texas Education Code, Source: The provisions of this adopted to be effective March 5, 1999, 24 TexReg 1383 amended to be effective May 28, 2012, 37 TexReg Facilities. Bilingual education and English as a second language programs shall be located in the regular public schools of the school district rather than in separate facilities. In order to provide the required bilingual education or English as a second language programs, school districts may concentrate the programs at a limited number of facilities within the school district provided that the enrollment in those facilities shall not exceed 60% English language learners. Recent immigrant English language learners enrolled in newcomer centers shall return to home campuses no later than two years after initial enrollment in a newcomer program. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg Parental Authority and Responsibility. (a) (b) The parents shall be notified that their child has been classified as an English language learner and recommended for placement in the required bilingual education or English as a second language program. They shall be provided information describing the bilingual education or English as a second language program recommended, its benefits to the student, and its being an integral part of the school program to ensure that the parents understand the purposes and content of the program. The entry or placement of a student in the bilingual education or English as a second language program must be approved in writing by the student's parent. The parent's approval shall be considered valid for the student's continued participation in the required bilingual education or English as a second language program until the student meets the exit criteria described in (h) of this title (relating to Testing and Classification of Students), graduates from high school, or the parent requests a change in program placement. The school district shall notify the student's parent of the student's reclassification as English proficient and his or her exit from the bilingual education or English as a second language program and acquire approval as required under the Texas Education Code, (a). Students meeting exit requirements may continue in the bilingual education or English as a 84

96 (c) second language program with parental approval but are not eligible for inclusion in the school district bilingual education allotment. The parent of a student enrolled in a school district that is required to offer bilingual education or English as a second language programs may appeal to the commissioner of education if the school district fails to comply with the law or the rules. Appeals shall be filed in accordance with Chapter 157 of this title (relating to Hearings and Appeals). Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg Staffing and Staff Development. (a) (b) (c) (d) (e) (f) (g) School districts shall take all reasonable affirmative steps to assign appropriately certified teachers to the required bilingual education and English as a second language programs in accordance with the Texas Education Code (TEC), , concerning bilingual education and special language program teachers. School districts that are unable to secure a sufficient number of certified bilingual education and English as a second language teachers to provide the required programs, shall request emergency teaching permits or special assignment permits, as appropriate, in accordance with Chapter 230 of this title (relating to Professional Educator Preparation and Certification). School districts that are unable to employ a sufficient number of teachers, including part-time teachers, who meet the requirements of subsection (a) of this section for the bilingual education and English as a second language programs shall apply on or before November 1 for an exception to the bilingual education program as provided in (a) of this title (relating to Exceptions and Waivers) or a waiver of the certification requirements in the English as a second language program as provided in (b) of this title as needed. Teachers assigned to the bilingual education program and/or English as a second language program may receive salary supplements as authorized by the TEC, School districts may compensate teachers and aides assigned to bilingual education and English as a second language programs for participation in continuing education programs designed to increase their skills or lead to bilingual education or English as a second language certification. School districts that are unable to staff their bilingual education and English as a second language programs with fully certified teachers shall use at least 10% of their bilingual education allotment for preservice and inservice training to improve the skills of the teachers who provide instruction in the alternative bilingual education program, instruction in English as a second language, and/or content area instruction in special classes for English language learners. The commissioner of education shall encourage school districts to cooperate with colleges and universities to provide training for teachers assigned to the bilingual education and/or English as a second language programs. The Texas Education Agency (TEA) shall develop, in collaboration with education service centers (ESCs), bilingual education training guides for implementing bilingual education and English as a second language training programs. The materials shall provide a framework for: 85

97 (1) developmentally appropriate bilingual education programs for early childhood through the elementary grades; (2) affectively appropriate instruction in bilingual education and English as a second language programs in accordance with (c)(1) and (f)(1) of this title (relating to Program Content and Design); (3) linguistically appropriate bilingual education and English as a second language programs in accordance with (c)(2) and (f)(2) of this title; (4) cognitively appropriate programs for English language learners in accordance with (c)(3) and (f)(3) of this title; and (5) developmentally appropriate programs for English language learners identified as gifted and talented and English language learners with disabilities. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg Required Summer School Programs. Summer school programs that are provided under the Texas Education Code (TEC), , for English language learners who will be eligible for admission to kindergarten or Grade 1 at the beginning of the next school year shall be implemented in accordance with this section. (1) Purpose of summer school programs. (A) (B) (C) English language learners shall have an opportunity to receive special instruction designed to prepare them to be successful in kindergarten and Grade 1. Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student. The program shall address the affective, linguistic, and cognitive needs of the English language learners in accordance with (c) and (f) of this title (relating to Program Content and Design). (2) Establishment of, and eligibility for, the program. (A) (B) Each school district required to offer a bilingual or English as a second language (ESL) program in accordance with the TEC, , shall offer the summer program. To be eligible for enrollment: (i) a student must be eligible for admission to kindergarten or to Grade 1 at the beginning of the next school year and must be an English language learner; and 86

98 (C) (ii) a parent or guardian must have approved placement of the English language learner in the required bilingual or ESL program following the procedures described in (g) of this title (relating to Language Proficiency Assessment Committee) and (a)-(f) of this title (relating to Testing and Classification of Students). Limited English proficiency shall be determined by evaluating students using an oral language proficiency test approved by the Texas Education Agency. (3) Operation of the program. (A) (B) (C) (D) (E) (F) (G) (H) Enrollment is optional. The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction. The student/teacher ratio for the program district-wide shall not exceed 18 to one. A school district is not required to provide transportation for the summer program. Teachers shall possess certification or endorsement as required in the TEC, , and of this title (relating to Staffing and Staff Development). Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term. A school district may join with other school districts in cooperative efforts to plan and implement programs. The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in the TEC, (4) Funding and records for programs. (A) A school district shall use state and local funds for program purposes. School districts may use federal funds, consistent with requirements for the expenditure of federal funds, for the program. (i) (ii) (iii) Available funds appropriated by the legislature for the support of summer school programs provided under the TEC, , shall be allocated to school districts in accordance with this subsection. Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to one. The numbers of students required to earn units shall be established by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available. Any school district required to offer the program under paragraph (2)(A) of this subsection that has less than ten students district-wide desiring to participate is not required to operate the program. However, those 87

99 (B) (iv) school districts must demonstrate that they have aggressively attempted to encourage student participation. Payment to school districts for summer school programs shall be based on units employed. This information must be submitted in a manner and according to a schedule established by the commissioner in order for a school district to be eligible for funding. A school district shall maintain records of eligibility, attendance, and progress of students. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg Evaluation. (a) (b) (c) (d) All school districts required to conduct a bilingual education or English as a second language program shall conduct periodic assessment in the languages of instruction to determine program impact and student outcomes in all subject areas. Annual reports of educational performance shall reflect the academic progress in either language of the English language learners, the extent to which they are becoming proficient in English, the number of students who have been exited from the bilingual education and English as a second language programs, and the number of teachers and aides trained and the frequency, scope, and results of the training. These reports shall be retained at the district level. School districts shall report to parents the progress of their child as a result of participation in the program offered to English language learners in English and the home language at least annually. Each school year, the principal of each school campus, with the assistance of the campus level committee, shall develop, review, and revise the campus improvement plan described in the Texas Education Code, , for the purpose of improving student performance for English language learners. Source: The provisions of this adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg

100 Standards for Evaluation of Dual Language Immersion Program Models. (a) (b) A school district implementing a dual language immersion program must conduct annual formative and summative evaluations collecting a full range of data to determine program impact on student academic success. The success of a dual language immersion program is evident by students in the program demonstrating high levels of language proficiency in English and the other language and mastery of the Texas essential knowledge and skills for the foundation and enrichment areas. Indicators of success may include scores on statewide student assessments in English, statewide student assessments in Spanish (if appropriate), norm-referenced standardized achievement tests in both languages, and/or language proficiency tests in both languages. Source: The provisions of this adopted to be effective May 28, 2012, 37 TexReg General Standards for Recognition of Dual Language Immersion Program Models. (a) (b) School district recognition. An exceptional dual language immersion program model may be recognized by the local school district board of trustees using the following criteria. (1) A school district must exceed the minimum requirements stated in of this title (relating to Minimum Requirements for Dual Language Immersion Program Model). (2) A school district must not receive the lowest performance rating in the state accountability system. (3) A school district must not be identified for any stage of intervention for the district's bilingual and/or English as a second language program under the performance-based monitoring system. (4) A school district must meet the adequate yearly progress participation and performance criteria in reading and mathematics for the English language learner student group under Elementary and Secondary Education Act (ESEA) regulations. Student recognition. A student participating in a dual language immersion program model may be recognized by the program and its local school district board of trustees using the following criteria. (1) The student must meet or exceed statewide student assessment passing standards, as required by the Texas Education Code, , in all subject areas at the appropriate grade level. (2) The student must meet or exceed expected levels of language proficiency on a recognized language proficiency test from the list of tests approved by the commissioner of education. Source: The provisions of this adopted to be effective May 28, 2012, 37 TexReg

101 Section 6 Bilingual/English as a Second Language (ESL) This section addresses unique provisions for bilingual and ESL education programs. These provisions must be applied in conjunction with the general rules in Sections 1, 2, and 3. If students are served by multiple programs, review and apply the provisions of each applicable program. The term "limited English proficient (LEP) student," as used in Section 6 of the handbook, is interchangeable with the terms "English language learner," used in 19 Texas Administrative Code Chapter 89, and "student of limited English proficiency," used in the Texas Education Code, Chapter 29, Subchapter B. Important: See Section 3 for general attendance requirements that apply to all program areas, including bilingual/esl. 6.1 Responsibility List in the following spaces the name and phone number of the district personnel to whom all bilingual and ESL education program coding questions should be directed: Name: Phone Number: 6.2 Eligibility To be eligible for state funding, a student in the bilingual or ESL education program must meet the following requirements: have a language other than English indicated on the home language survey; be considered LEP because the student tested below the cutoff scores on the test appropriately administered for the student's grade level. The following guidelines should be used in determining whether a student is considered LEP: 1 o grades prekindergarten (PK) through 1: student scores below cutoff score on an oral language proficiency test (OLPT) approved by the Texas Education Agency (TEA), and o grades 2 through 12: 1 19 Texas Administrative Code (TAC) (f) 90

102 student scores below cutoff score on an approved OLPT, and/or student scores below cutoff scores on the English reading and English language arts sections of a norm-referenced standardized test in English (selected from the List of Approved Tests for Assessment of Limited English Proficient Students); be recommended for placement in the program by a language proficiency assessment committee (LPAC); and have a record of parental approval to place the LEP student in a bilingual or ESL education program. For LEP students in grades 9 through 12, check LPAC documentation for services recommended by the LPAC to meet student needs. Each student must be served according to the following guidelines: On a student's initial enrollment and at the end of each school year, the LPAC must review all pertinent information on the LEP student so identified according to the guidelines on the previous page. The LPAC must designate, subject to parental approval, the initial instructional placement of each LEP student in the required program; classify the student's level of English proficiency according to the results of appropriate tests; designate the level of academic achievement of the LEP student; and recommend the student's exit from the bilingual or ESL education program. 2 A student may not be exited from the bilingual or ESL education program in grades PK through the end of first grade. 3 Important: Students who are under age 3 and served only in the preschool program for children with disabilities (PPCD) cannot generate bilingual/esl average daily attendance (ADA) Students Who Are Eligible to Be Served in the Bilingual or ESL Education Program but Are Not Eligible for Funding The following students may be served by your district's bilingual or ESL education program. However, these students are not eligible for bilingual or ESL education program funding. Students in PK through grade 1 who score at or above the cutoff score on the OLPT Students in grades 2 through 12 who score at or above the cutoff score on the OLPT and at or above the 40th percentile on the reading and language arts sections of a standardized achievement test Students: o who have exited/been transitioned out of the bilingual or ESL education program, o whose parents approve of the students' continuing to participate in the program, and o whose schools wish to continue to provide bilingual or ESL education program services to the students 2 19 TAC (g) 3 19 TAC (i) 91

103 6.2.2 Parent Denial of Services and Eligibility of Students to Receive Bilingual/ESL Summer School Services If a student's parent has denied bilingual/esl education services and the only summer school program available is a bilingual/esl summer school program, then the student is not eligible to generate bilingual/esl ADA in the summer school program Enrollment Procedures This subsection explains the procedures for enrolling a student in the bilingual or ESL education program. 1. A student enrolls in your district, and the student's parent completes a home language survey (see Home Language Survey Requirements). Students in grades 9 through 12 may complete the home language survey themselves. If a language other than English is indicated on any portion of the survey, your district must test the student for English proficiency. 2. District personnel test the student for English proficiency. a. If your district is required to provide a bilingual education program, it must administer an OLPT in the home language of each student who is eligible to be served in the bilingual education program. If the home language of the student is Spanish, your district must administer the Spanish version of the TEA-approved OLPT that is administered in English. If the home language of the student is other than Spanish, your district must determine the student's level of proficiency using informal oral language assessment measures. b. If the student is in PK, kindergarten, or grade 1, trained district personnel administer the OLPT in English. If the student tests below the cutoff score (determined by the exam instrument used), the student is considered LEP. c. If the student is in grades 2 through 12, trained district personnel administer the OLPT. If the student tests below the cutoff score (determined by the exam instrument used), the student is considered LEP. Regardless of whether the student tests below the cutoff score on the OLPT, district personnel also administer the TEA-approved standardized achievement test. If the student scores below the 40th percentile on either the reading or the language arts section of the test, the student is considered LEP. Important: The standardized achievement test should not be administered if the student's ability in English is so limited that the test is not valid TAC (2)(B) 5 19 TAC (f) 92

104 If the student is considered LEP, continue to the next enrollment step. If the student is not considered LEP, the student does not qualify for bilingual/esl funding. 3. The LPAC recommends placement of the student in either the bilingual or ESL education program, but district personnel do not yet assign the student a bilingual or ESL program type code in the attendance accounting system. 4. The LPAC must give written notice to the student's parents informing them that the student has been classified as LEP and requesting approval (through completion of an approval form) to place the student in the required bilingual or ESL education program. The notice must include information about the benefits of the bilingual or ESL education program for which the student has been recommended and state that it is an integral part of the school program. 6 The parental approval form must contain a space for the parent's or legal guardian's signature and a space for the date the form was signed, as signed and dated documentation of parental approval is required for bilingual/esl eligible days present to be claimed for funding purposes. 5. Once parental approval has been received, district personnel assign the student the appropriate bilingual or ESL program type code and parental permission code 7 in the attendance accounting system. A student may be recorded absent on the effective date of a program change. However, as with all other students who are absent, no bilingual/esl ADA can be earned by the student for that date Students Who Move to Your District Within 4 weeks (20 school days) of his or her initial enrollment in the district, a student must be identified as LEP and enrolled in the required bilingual or ESL education program. 8 However, even though the student may be served in the bilingual or ESL education program, the student should not be coded with the bilingual or ESL program type code 9 unless all documentation, including the signed and dated parental approval form, is on file. Funds for bilingual/esl students cannot be claimed until all documentation is in place. When a bilingual/esl student moves to your school district, your district (the receiving district) should immediately begin serving the student in the bilingual or ESL education program while it waits for documentation (LPAC records and assessment information) from the sending district. If your district 6 19 TAC (i) 7 To find the appropriate codes to use, please consult the program type code tables available at the following link: Search for the C175 code table for bilingual program type codes and the C176 code table for ESL program type codes. Search for the C093 code table for parental permission codes TAC (g) 9 To find the appropriate code to use, please consult the program type code tables available at the following link: Search for the C175 code table for bilingual program type codes and the C176 code table for ESL program type codes. 93

105 does not receive this documentation within 4 weeks (20 school days) of the student's enrollment in your district, your district must go through the standard identification and assessment procedures in order to code the student as LEP, ESL, and/or bilingual. Your district should make diligent, documented attempts to get the required documentation from the sending district to avoid possible miscoding. 6.4 Eligibility of Your District's Bilingual or ESL Education Program for State Funding For your district to claim bilingual/esl eligible days present for funding, your district must show that its bilingual and ESL education programs meet the following state requirements A student is served in a full-time bilingual instructional program by staff certified or on permit to teach bilingual education. The amount of instruction in each language (the student's home language and English) must be commensurate with the student's level of proficiency in both languages and the student's level of academic achievement. LEP students must be provided instruction in language arts, mathematics, science, health, and social studies both in their home language and in English. The appropriate bilingual program type code should be recorded for each student served in a bilingual program. 2. A student is provided instruction in ESL by staff certified or on permit to teach ESL or bilingual education. In PK through grade 8, the amount of time accorded to instruction in ESL Texas Essential Knowledge and Skills (TEKS) may vary from the amount of time accorded to instruction in English language arts in the general education program for non-lep students to a full-time instructional setting using second language acquisition methods. In high school, the ESL program must be consistent with graduation requirements 11. The LPAC may recommend appropriate services that may include content courses provided through sheltered instructional approaches by trained teachers, enrollment in ESL courses, additional state elective English courses, and special assistance provided through locally determined programs. The appropriate ESL program type code should be recorded for each student served in an ESL program. 3. A student is served in a program approved by the TEA under an exception to the Spanish bilingual program or under a waiver to the ESL program. A student is served in a program approved by the TEA under an exception to a language other than Spanish for as long as the State Board for Educator Certification does not have a certificate for that language. A TEAapproved exception or waiver remains valid for the current year only. 12 The appropriate bilingual or ESL program type code should be recorded for each student served in program under a bilingual exception or ESL waiver TAC under 19 TAC Chapter Texas Education Code (TEC), ; 19 TAC

106 6.5 Eligible Days Present This subsection describes the procedure for reporting bilingual/esl eligible days present in the attendance accounting system. District personnel must do the following: identify each student who is being served in the bilingual or ESL education program and is eligible for funding, according to 6.2 Eligibility, with the appropriate bilingual or ESL program type code 13 in the attendance accounting system. record the total number of eligible bilingual/esl days present for each 6-week reporting period in the Student Detail Report for every student eligible for the program. at the end of each 6-week reporting period, compute a Campus Summary Report (see Section 2). Personnel must summarize the total eligible bilingual/esl days present, for every student in the program, by grade level on this report. There will be a separate Campus Summary Report for each instructional track for each campus in your district. The Campus Summary Report must include the total eligible bilingual/esl days present for each grade level on that campus, the total eligible bilingual/esl days present for all grades, and the campus bilingual/esl ADA. at the end of each 6-week reporting period, compute a District Summary Report (see Section 2). Personnel add the information from all Campus Summary Reports for each track in your district to comprise the District Summary Report for each track. This report must include eligible bilingual/esl days present for each grade level in your district, the total eligible bilingual/esl days present for all grades, and your district's bilingual/esl ADA Eligible Days Present and Students Placed in a Disciplinary Setting Bilingual or ESL education program eligible days present may not be claimed when a student receiving bilingual or ESL education program services is placed in a disciplinary setting (e.g., in-school suspension or disciplinary alternative education program) for more than 5 consecutive days if the same amount and type of bilingual or ESL education program services are not provided by a bilingual or ESL education program teacher. After 5 consecutive days without bilingual or ESL education program services being provided, district personnel should remove the student from the Public Education Information Management System (PEIMS) 400 record for bilingual education or ESL program contact hours effective the first day of placement in the disciplinary setting. 13 To find the appropriate code to use, please consult the program type code tables available at the following link: Search for the C175 code table for bilingual program type codes and the C176 code table for ESL program type codes. 95

107 6.6 Requirement to Serve Eligible Students Your district must place a student in a bilingual or ESL education program as soon as your district identifies the student as LEP (through the home language survey and test scores) and the LPAC has recommended such placement, regardless of whether or not parental approval has been received. Your district must place the student in the bilingual or ESL education program on the date the LPAC recommends that service begin but may count the student for bilingual education funding only after parental approval is received (and all other requirements having to do with the home language survey, test scores, and documentation of LPAC recommendation have been met) 14. If a parental denial is received, your district must discontinue serving the student. Review parental permission codes for clarification. 6.7 Bilingual and ESL Education Services Your District Is Required to Provide Each district that is required to offer bilingual and ESL education programs must offer the following for students of limited English proficiency: 1. bilingual education in PK through the elementary grades; 2. bilingual education, instruction in English as a second language, or other TEA-approved transitional language instruction in middle school; and 3. instruction according to LPAC recommendation: a. Under the graduation requirements adopted by the State Board of Education in March 2010, LEP students who successfully complete English for Speakers of Other Languages (ESOL) I and ESOL II may satisfy the English I and English II graduation requirement(s). Students who are identified as LEP and are at the beginning or intermediate level of English language proficiency, as defined by 19 TAC 74.4(d), relating to English Language Proficiency Standards, may be enrolled in ESOL I or ESOL II. b. For all other LEP students in grades 9 through 12, LPAC documentation must reflect appropriate services to meet the student s needs. For example, LPAC documentation may indicate that a student will enroll in state elective English courses to strengthen his or her English skills, enroll in ESL courses for local credit, participate in tutorials, or be assigned to teachers with training in sheltered instruction or training in ESL methods. All LEP students in grades 9 through 12 who are served according to LPAC recommendations are to be coded as ESL for funding purposes TAC (j) 96

108 Important: Students not served in a state-required program must be served in a program approved by the TEA under an exception or a waiver. 6.8 Withdrawal/Reclassification/Exit Procedures This subsection explains the procedures for withdrawing a student from the bilingual or ESL education program. 1. A student is withdrawn from the bilingual or ESL education program if: the LPAC classifies the student as English proficient when the student attains the required exit criteria as stated in the TEC, (g) (see Exit Criteria); or the parent requests in writing to remove his or her child from the program and place the child in a general education classroom; or the student withdraws from (leaves) the district (not exits from the bilingual or ESL education program). 2. Once a student has met the criteria for exiting the bilingual or ESL program, your district must notify the student's parent of the student's reclassification as English proficient and obtain parental approval for his or her exit from the bilingual or ESL education program Effective Date of Withdrawal For a student who withdraws from the district, the date the student withdraws is considered the effective date of change. District personnel record the effective date in the attendance accounting system, and eligible bilingual/esl days are no longer accumulated from that date forward. For a student who has been classified by the LPAC as English proficient at the end of the school year, the first day of the following school year is considered the effective date of change. District personnel record the effective date in the attendance accounting system, and eligible bilingual/esl days are no longer accumulated from that date forward. It is rare to change LEP-related codes during the school year TAC (b) 97

109 6.8.2 Exit Criteria The following chart shows the criteria for transferring a LEP student out of the bilingual or ESL education program at different grade levels. IMPORTANT: The exit criteria shown in this chart are accurate as of the publication date of this handbook but are subject to change. Visit the TEA Bilingual Education web page at for the most current exit criteria English Proficiency Exit Criteria Chart At the end of the school year, a district may transfer (exit, reclassify, transition) a LEP student out of a bilingual or ESL education program for the first time or a subsequent time if the student is able to participate equally in a regular all-english instruction program as determined by satisfactory performance in all three assessment areas below and the results of a subjective teacher evaluation. 1 For State of Texas Assessments of Academic Readiness (STAAR) English reading and English writing, the performance level for program exit is Level II (Satisfactory Academic Performance) or above. Current School Year Oral = Listening & Speaking 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 Scored Fluent on English OLPT 2 English Reading 3 Norm-Referenced Standardized Achievement Test 2 (Rdg./Lang.) 40th percentile or above Norm-Referenced Standardized Achievement Test 2 (Rdg./Lang.) 40th percentile or above STAAR STAAR STAAR STAAR STAAR STAAR STAAR 4 STAAR 4 Norm-Referenced Standardized Achievement Test 2 (Rdg./Lang.) 40th percentile or above English Writing 3 Agency-Approved Writing Test 2 Agency-Approved Writing Test 2 Agency- Approved Writing Test 2 STAAR Agency- Approved Writing Test 2 Agency- Approved Writing Test 2 STAAR Agency- Approved STAAR 5 STAAR 5 Agency-Approved Writing Test 2 Writing Test 2 Subjective Teacher Evaluation Assessments, anecdotal notes, portfolios, etc TAC (h) 2 In the List of Approved Tests for Assessment of Limited English Proficient Students available on the following web page: 3 For STAAR, English reading and English writing refer to the grade-level tests in grades 3 8 and to the applicable end-of-course English I and II reading and writing assessments. 4 Exception: Texas English Language Proficiency Assessment System (TELPAS) Reading Advanced High will be used for all students with the Texas Assessment of Knowledge and Skills (TAKS) as their graduation requirement under state policy. 5 Exception: An agency-approved writing test from the list of approved tests will be used for all students with the TAKS as their graduation requirement under state policy. Note: LEP students may be exited only after the end of first grade based on 19 TAC (i). Note: LEP students for whom the LPAC has recommended linguistic accommodations on the STAAR reading or writing test may not be considered for exit. 98

110 6.8.3 Exit Procedures and Criteria for LEP Students Receiving Special Education Services Information is available in the document entitled Process for Considering Special Exit Criteria from Bilingual/Education as a Second Language (ESL) Services Under 19 TAC (k)." To access this document, go to and click on the link entitled "Process for Exiting LEP Students Receiving Special Education Services from Bilingual/ESL Programs." Continuation of Bilingual or ESL Education Program Services After a Student Has Met Exit Criteria A student who has met the exit criteria for being transferred (transitioned/exited/reclassified) out of the bilingual or ESL education program may continue to participate in the program, with school and parental approval. However, such a student is not eligible to generate bilingual/esl ADA. 6.9 Evaluation of a Student Who Has Been Transferred (Transitioned/Exited/Reclassified) Out of the Bilingual or ESL Education Program During the first 2 years after a student has met criteria to transfer out of a bilingual or ESL education program, the LPAC must monitor the student's academic progress. During this time, the LEP codes of F and S are used to reflect the first and second years of monitoring. Program type codes other than 0 and parental permission codes should not be present, as the student is no longer LEP and no longer served. If the student earns a failing grade in a subject in the foundation curriculum during any grading period in the first 2 years after the student has been transitioned out of the program, the LPAC must consider reenrolling the student in a bilingual or ESL education program. In determining whether to reenroll the student, the LPAC should evaluate the following: the total amount of time the student was enrolled in a bilingual or ESL education program the student's grades each grading period in each subject in the foundation curriculum (reading/ela, math, science, social studies) the type of additional interventions provided to the student the student's performance on each assessment instrument administered the number of credits the student has earned toward high school graduation, if applicable any disciplinary actions taken against the student After the LPAC reevaluates the student's progress, the committee may 1) require intensive instruction for the student or 2) reenroll the student in a bilingual or ESL education program. 99

111 6.10 Teacher Certification Requirements The following paragraphs describe the certification requirements for teachers of bilingual and ESL education program courses Students in Grades PK Through 5 Students in grades PK through 5 (or through 6, if grade 6 is clustered with elementary grades) who are counted for funding in the bilingual education program must be served by bilingual-certified staff. Students in grades PK through 5 (or through 6, if grade 6 is clustered with elementary grades) who are counted for funding in the ESL education program must be served by ESL-certified staff. All staff serving LEP students must receive training in sheltered instruction Students in Grades 6 Through 8 Students in grades 6 through 8 (if grade 6 is not clustered with elementary grades [PK 5]) must be served by at least one teacher who is certified in ESL for that grade level and is responsible for meeting the linguistic needs of the LEP students. All staff serving LEP students must receive training in sheltered instruction Students in Grades 9 Through 12 Students in grades 9 through 12 may be counted for funding in a bilingual or ESL education program even if they are served by staff members who are not bilingual/esl-certified, but only if the staff members have received professional development in sheltered instruction. However, ESOL I and ESOL II must be taught by teachers who have an English or English Language Arts certification plus an ESL or Bilingual certification. All staff serving LEP students must receive training in sheltered instruction Documentation For your district to claim bilingual/esl eligible days present for funding, documentation must be complete. All documentation supporting student eligibility must be on file for every student accumulating eligible bilingual/esl days present on the Student Detail Report. Documentation requirements are as follows Home Language Survey Requirements TAC TAC TAC

112 Your district must conduct only one home language survey for each student. Your district must administer home language surveys to students new to the district for whom a survey has never been completed (in Texas) or for whom a copy of the survey cannot be located within 20 school days. Your district should not administer the home language survey to a student for whom a survey is currently on file with the district. Your district must require that the survey be signed by the student's parent or guardian for students in PK through grade 8, or by the student for students in grades 9 through 12. For a student moving from one district to another within Texas, the original copy of the home language survey or a copy of the original copy of the home language survey must be kept in the student s record. If the original copy or a copy of the original copy is not included in the student s record, then a new home language survey must be conducted by the receiving district Test Result Documentation Requirement The following documentation must be on file for every student accumulating eligible bilingual/esl days present: proof of a qualifying score on a TEA-approved OLPT, and/or qualifying scores on the English reading and English language arts sections of a TEA-approved norm-referenced measure. The official scores must be documented in the student's record LPAC Recommendation and Parental Approval Requirements The following documentation must be on file for every student accumulating eligible bilingual/esl days present: 1. Written documentation of the recommendation for placement by the LPAC 2. Written documentation of the annual review and recommendation of the LPAC 3. A record of parental approval to place the LEP student in a bilingual or ESL education program. This record must include the parent's signature and the date the parent signed the document indicating approval. A record of parental approval must be obtained during the initial identification of a LEP student for placement in a bilingual or ESL education program. Once the record of parental approval is obtained, it remains in effect until the LEP student is exited from the bilingual or ESL education program and is reclassified as non-lep. The parental approval becomes invalid if the parent signs a parental denial form of ESL/bilingual services, which can occur at any time while the student continues to be identified as LEP. 101

113 For a student whose parent has denied approval, the LPAC annual review must consider whether the student still qualifies for services. If so, an attempt to obtain parental approval should be made before the beginning of the next school year. A district may identify a student as LEP, exit a student from a program, or place 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. reasonable attempts to inform and obtain permission from a parent or guardian have been made and documented; 3. approval is obtained from: A. an adult whom the district recognizes as standing in parental relation to the student, including a foster parent or employee of a state or local governmental agency with temporary possession or control of the student; or B. the student, if no parent, guardian, or other responsible adult is available; or 4. a parent or guardian has not objected in writing to the proposed entry, exit, or placement. 19 A student receiving bilingual/esl program services under any of the circumstances described in the preceding paragraph is not eligible for bilingual/esl funding. During the monitoring period (the 2-year period following the student's exiting from the bilingual or ESL education program), 20 if the LPAC determines the student will be reenrolled in a bilingual or ESL education program, parental approval must be acquired again Proof of a Student's Being Served in an Eligible Bilingual or ESL Education Program Proof (such as grade books, student Academic Achievement Records [AARs], and/or class rosters) must also exist that a student is: served in a full-time bilingual instructional program by staff certified or on permit to teach bilingual education, provided instruction in ESL by staff certified or on permit to teach ESL or bilingual education for the amount of time accorded to English language arts in the regular instructional program, provided sheltered instruction as recommended by the LPAC (students in grades 9 through 12 may receive services other than ESL), or TAC (m) 20 TEC,

114 served in a program approved by the TEA under an exception or a waiver Other Required Documentation The student's record must contain documentation of all actions impacting the LEP student. This documentation must include the following 21 : 1. the identification of the student as LEP; 2. the designation of the student's level of language proficiency; 3. the recommendation of program placement; 4. parental approval of entry or placement into the program; 5. parental denial, if applicable; 6. the dates of entry into, and placement within, the program; 7. documentation of state assessment participation decisions and any linguistic accommodations, the justification for these decisions 22, and additional instructional interventions provided to the student to ensure adequate yearly progress; 8. documentation of the student's eligibility to use the special provision for the end-of-course exam(s) for English I and/or II; 9. the date of exit from the program and parental notification and approval of the student's exit from the program; 10. the results of monitoring the student's academic success; and 11. TELPAS writing collections kept for 2 years. The documentation described in items 1 10 must be forwarded in the same manner as other student records to another school district in which the student enrolls. 23 The student's TELPAS writing collections should be forwarded as well. Student record documentation also should be forwarded if the student enrolls at another campus within your district TAC (l) 22 in accordance with 19 TAC Chapter 101, Subchapter AA, Commissioner s Rules Concerning the Participation of Limited English Proficient Students in State Assessments TAC (l) 103

115 6.12 Quality Control Your district should record the appropriate bilingual or ESL program type code 24 for a student in the attendance accounting system as soon as the student meets all eligibility requirements. All documentation must be on file before the indicator is recorded. The sooner documentation is on file, the sooner funds may be earned for serving the student. A student who withdraws from school should be coded with a bilingual or ESL program type code of 0 upon withdrawal. A student who has been classified by the LPAC as English proficient at the end of the school year should be coded with a bilingual or ESL program type code of 0 at the beginning of the following school year. At the beginning of each semester and at the end of each 6-week reporting period, the appropriate bilingual/esl staff should verify the Student Detail Report to ensure that a student's coding is correct Examples Example 1 A student's home language survey indicates that Spanish is spoken in the student's home most of the time. The student's test scores on an approved OLPT are below the cutoff score, and the LPAC recommends placement in the bilingual education program. However, the student's parent has denied placing the student in the bilingual or ESL education program. Your school district cannot serve the student in either program and cannot claim the student for bilingual/esl state funds. The student should be recorded in the PEIMS as LEP with a parental permission code of C for parental denial and a bilingual or ESL program type code of Example 2 A student in grade 3 has a home language survey on file that indicates Spanish is spoken in the student's home most of the time. The student's test scores on the standardized English achievement test are in the 42nd percentile in reading and in the 45th percentile in language arts. The LPAC has recommended placement in the ESL program. If the student's parent approves, your district can serve the student in the ESL program. However, your district cannot claim the student for bilingual/esl state funds. Funds cannot be collected even though the LPAC recommended placement in the program and the home language survey indicates a language other than English because the student has scored above the cutoff score on the standardized achievement test. 24 To find the appropriate code to use, please consult the program type code tables available at the following link: Search for the C175 code table for bilingual program type codes and the C176 code table for ESL program type codes. 104

116 Example 3 A LEP student is assessed in March to determine if he or she could be reclassified as English proficient. The LPAC meets in April to recommend that the student be reclassified as non-lep. Your school district will continue to receive funding for the student until the end of the school year. Your school district should not pull the student from the classroom before the end of the school year. The student should continue to be served in the bilingual and/or ESL program until the end of the school year. Your district should place the student in an all-english classroom at the beginning of the following school year Example 4 A student s parent denies placement of his or her child in a bilingual education and/or ESL program. Therefore, the student is entered in the PEIMS as LEP with parental denial. The following school year, the student is still considered as LEP with parental denial. Your school district does not change the status of the student as LEP with parental denial until the student meets the testing criteria to no longer be considered LEP. Your district should continue to code the student as LEP with parental denial until all criteria are met Example 5 The only summer school program your district is offering is a bilingual or ESL education program. Parents who have previously denied placement of their child in the bilingual or ESL education program would like their child to participate in the summer school program. The student may not participate in the summer school program or earn bilingual/esl eligible days present (be assigned a bilingual or ESL program type code in the attendance accounting system) in the summer program unless the parents explicitly allow, in writing, placement of the student in the bilingual or ESL education program. 105

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