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 89.1220 - Language Proficiency Assessment Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) School districts shall by local board
				  policy establish and operate one or more language proficiency assessment
				  committees (LPACs). The school district shall have on file a policy and
				  procedures for the selection, appointment, and orientation of members of the
				  LPAC(s).
(b) The LPAC shall include
				  an appropriately certified bilingual educator (for students served through a
				  bilingual education program), an appropriately certified English as a second
				  language (ESL) educator (for students served through an ESL program), a parent
				  of an emergent bilingual student participating in a bilingual or ESL program,
				  and a campus administrator in accordance with Texas Education Code (TEC),
				  §29.063.
(c) In addition to
				  the three required members of the LPAC, the school district may add other
				  trained members to the committee.
(d) No parent serving on the LPAC shall be an
				  employee of the school district.
(e) A school district shall establish and
				  operate a sufficient number of LPACs to enable them to discharge their duties
				  within four weeks of the enrollment of an emergent bilingual student.
(f) All members of the LPAC, 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 of all members of
				  the LPAC, including the parents. The LPAC may use alternative meeting methods,
				  such as phone or video conferencing and the use of electronic signatures that
				  adhere to district policy.
(g) Upon
				  a student's initial enrollment in Texas public schools, a student's transfer
				  from a previous Texas public school district, and at the end of each school
				  year, the LPAC shall review all pertinent information on all potential and
				  identified emergent bilingual students, including emergent bilingual students
				  with a parental denial of program participation, in accordance with §
										89.1226 of this title (relating to
				  Testing and Classification of Students).
(1)
				  For students initially enrolling in Texas public schools, the LPAC shall:
(A) designate the language proficiency level
				  of each emergent bilingual student in accordance with the guidelines issued
				  pursuant to §
												89.1226(b)-(f) 
				  of this title;
(B) recommend,
				  subject to parental approval, the initial instructional placement of each
				  emergent bilingual student in the required bilingual or ESL program without
				  restricting access due to scheduling, staffing, or class size constraints;
				  and
(C) facilitate the
				  participation of emergent bilingual students in other special programs for
				  which they are eligible while ensuring full access to the language program
				  required under TEC, §
												29.053.