• Identification of LEP Students

    Chapter 89. Adaptations for Special Populations
    Subchapter BB. Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students
    §89.1201. Policy.

    • 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 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. To ensure equal educational opportunity, as required in the Texas Education Code, §1.002(a), each school district shall:

      1. identify limited English proficient students based on criteria established by the state;
      2. 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;
      3. seek certified teaching personnel to ensure that limited English proficient students are afforded full opportunity to master the essential skills and knowledge required by the state; and
      4. assess achievement for essential skills and knowledge in accordance with the Texas Education Code, Chapter 39, to ensure accountability for limited English proficient students and the schools that serve them.
  • Identification / Program Entry / Testing Procedures

    An LPAC should follow Texas requirements and have student identification and placement occur within the first 4 weeks of student enrollment.

    1. Upon initial enrollment all students must have a Home Language Survey (HLS) completed in their permanent record (only one: the original). The HLS shall be administered to each student new to the district, and to students previously enrolled who were not surveyed in the past. If the HLS indicates a language other than English, testing must be initiated to determine English proficiency.

    2. For students in grades PK – 1:

      Administer an oral language proficiency test (OLPT) in English, from the List of Approved Tests for Assessment of Limited English Proficient Students. The list of TEA-approved tests is located in the appendix of this manual and is also available at: http://www.tea.state.tx.us.

      Districts/charter schools that are required to offer a bilingual program must test students in English and in their primary language. Testing must be administered by trained personnel. Parental permission does not have to be obtained prior to oral language proficiency testing.

      • PK-1 students scoring below the cut-off for English proficiency on the OLPT are classified as LEP.

    3. For students in grades 2-12:

      Administer an OLPT and the reading and language arts portions of an English norm-referenced standardized achievement test (NRT) from the TEA List of Approved Tests. 19 TAC §89.1225(a).

      • Students in grades 2-12 scoring below the cut-off for English proficiency on the OLPT qualifies for ESL Services.
      • Students who score below the 40th percentile on the reading and language arts sections of the NRT qualifies for ESL Services, even if their OLPT score reflects English proficiency.
      • If the student’s ability on the English OLPT is so limited that the administration at his/her grade level of the English norm-referenced standardized achievement test is not valid, then the student qualifies for ESL Services.

    4. The Language Proficiency Assessment Committee (LPAC), using testing data and any other available student information, will determine whether the student is LEP, recommend the appropriate educational program for each LEP student, notify the parent of each LEP student about classification and recommendation (Bilingual/ESL and/or Title III Special Language Program,) and facilitate the participation of LEP students in other special programs provided by the district with either state or federal funds for which they are eligible.

    5. The student will be served in the required §89.1205 program recommended by the LPAC. From the date of enrollment, the district has four weeks to complete all paperwork including written parent permission. Once written parental permission is obtained, the appropriate PEIMS codes can be entered to reflect LEP status, program placement, and parent permission. The parent approval or denial date is the date used for the preceding PEIMS code data.

    6. The campus bilingual program LPAC membership consists of a campus administrator, a professional bilingual teacher, a professional transitional language educator, and a parent of a limited-English proficient student who is not employed by the school district. For a campus not required to implement a bilingual program, the LPAC consists of a campus administrator, an ESL teacher, and a parent of a LEP student. 

    7. All LPAC members are required to receive training, and certification to serve on the committee. If one of the members does not understand English (parent), the training should be developed in the member’s primary language.

    8. For students referred to special education, placement in a bilingual or ESL program may not be refused solely because the student has a disability. However, if the student has a disability and language is not a factor then the student is not LEP, even though the family may speak other languages.

      For LEP students, the LPAC and ARD committee may recommend that a student:

      • is limited English proficient and has an identified disability, therefore, he/she should be served jointly through special education and Bilingual/ESL programs.
      • is limited English proficient, but assessment results show that the student is not eligible for the Special Education program; therefore, he/she should be served through the Bilingual/ESL program and NOT in special education.

LEP Supporting Documentation