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 89.1205 - Required Bilingual Education and English as a Second Language Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Each school district that has an
				  enrollment of 20 or more students identified as emergent bilingual students 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 emergent bilingual students in prekindergarten through the elementary
				  grades with that language classification. "Elementary grades" shall include at
				  least prekindergarten through Grade 5; sixth grade shall be included when
				  clustered with elementary grades.
(b) A school district required to provide a
				  bilingual education program as described in subsection (a) of this section
				  shall offer dual-language instruction (English and primary language) in
				  prekindergarten through the elementary grades, using one of the four bilingual
				  program models described in §
										89.1210 of this title (relating to
				  Program Content and Design).
(c)
				  All emergent bilingual students for whom a school district is not required to
				  offer a bilingual education program shall be provided an English as a second
				  language (ESL) program as described in subsection (d) of this section,
				  regardless of the students' grade levels and primary language, and regardless
				  of the number of such students, except in cases where a district exercises the
				  option described in subsection (g) of this section.
(d) A school district required to provide an
				  ESL program as described in subsection (c) of this section shall provide an ESL
				  program using one of the two models described in §
										89.1210 of this title.
(e) School districts may join with other
				  school districts to provide bilingual education or ESL programs.
(f) In addition to the required bilingual
				  and/or ESL programs, school districts are authorized to establish a bilingual
				  education program even if they have an enrollment of fewer than 20 students
				  identified as emergent bilingual students in any language classification in the
				  same grade level district-wide and are not required to do so under subsection
				  (a) of this section. Under this authorization, school districts shall adhere to
				  all program requirements as described in §§
										89.1210 of this title, 89.1227 of
				  this title (relating to Minimum Requirements for Dual Language Immersion
				  Program Model), 89.1228 of this title (relating to Two-Way Dual Language
				  Immersion Program Model Implementation), and 89.1229 of this title (relating to
				  General Standards for Recognition of Dual Language Immersion Program
				  Models).
(g) In addition to the
				  required bilingual and/or ESL programs, 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. Under
				  this authorization, school districts shall adhere to all program requirements
				  as described in §§
										89.1210,
				  89.1227,
				  89.1228, and
				  89.1229 of this title.