Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter BB - COMMISSIONER'S RULES CONCERNING STATE PLAN FOR EDUCATING ENGLISH LANGUAGE LEARNERS › Section 89.1207 - Bilingual Education Exceptions and English as a Second Language Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) Bilingual education program.
(1) Exceptions. A school district that is
				  unable to provide a bilingual education program as required by §
											89.1205(a) of
				  this title (relating to Required Bilingual Education and English as a Second
				  Language Programs) because of an insufficient number of appropriately certified
				  teachers shall request from the commissioner of education an exception to the
				  bilingual education program and the approval of a temporary alternative
				  language program as defined in §
											89.1203(1) of
				  this title (relating to Definitions) that aligns as closely as possible to the
				  required bilingual program. Emergent bilingual students with parental approval
				  for program participation under a bilingual education exception will be
				  included in the bilingual education allotment designated for an alternative
				  language 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) a statement
				  of the reasons the school district is unable to provide a sufficient number of
				  appropriately certified teachers to offer the bilingual education program with
				  supporting documentation as described in Texas Education Code (TEC),
				  §29.054(b)(1), (2), and (3);
(B) a description of the alternative language
				  program and methods to meet the affective, linguistic, and cognitive needs of
				  the emergent bilingual students, 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) to
				  include foundation and enrichment areas, English language proficiency standards
				  (ELPS), and college and career readiness standards (CCRS);
(C) an assurance that appropriately certified
				  teachers available in the school district will be assigned to grade levels
				  beginning at prekindergarten followed successively by subsequent grade levels
				  to ensure effective early literacy development and that the linguistic and
				  academic needs of emergent bilingual students with beginning and intermediate
				  levels of English proficiency are served on a priority basis;
(D) an assurance that the school district
				  will implement a comprehensive professional development plan that:
(i) is ongoing and targets the development of
				  the knowledge, skills, and competencies needed to serve the needs of emergent
				  bilingual students;
(ii) includes
				  the teachers who are not certified or not appropriately certified who are
				  assigned to implement the temporary alternative language program that aligns
				  closely to the required bilingual program; and
(iii) may include additional teachers who
				  work with emergent bilingual students;
(E) an assurance that at least 10% of the
				  total bilingual education allotment shall be used to fund the comprehensive
				  professional development plan required under subparagraph (D) of this paragraph
				  when applying for a bilingual education exception, an English as a second
				  language (ESL) waiver, or both;
(F)
				  an assurance that the school district will take actions to ensure that the
				  program required under §
												89.1205(a) of
				  this title will be provided the subsequent year, including its plans for
				  recruiting an adequate number of appropriately certified teachers to eliminate
				  the need for subsequent exceptions and measurable targets for the subsequent
				  year as required by TEC, §
												29.054(b)(4);
				  and
(G) an assurance that the
				  school district shall satisfy the additional reporting requirements described
				  in §
												89.1265(c) of
				  this title (relating to Program Evaluation).