Identification of LEP Students
Chapter 89. Adaptations for Special Populations
Subchapter BB. Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students
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:
- identify limited English proficient students based on criteria established by the state;
- 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;
- 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
- 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.
- 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.
- For entry into a bilingual education or ESL program, a student shall be identified as an English learner using the following criteria. (1) In prekindergarten through Grade 1, the student's score from the listening and speaking components on the state-approved English language proficiency test for identification is below the level designated for indicating English proficiency. (2) In Grades 2-12, the student's score from the listening, speaking, reading, and writing components on the state-approved English language proficiency test for identification is below the level designated for indicating English proficiency.
- A student shall be identified as an English learner if the student's ability in English is so limited that the English language proficiency assessment described in subsection (c) of this section cannot be administered.
- The language proficiency assessment committee in conjunction with the admission, review, and dismissal (ARD) committee shall identify a student as an English learner if the student's ability in English is so limited or the student's disabilities are so severe that the English language proficiency assessment described in subsection (c) of this section cannot be administered. The decision for entry into a bilingual education or ESL program shall be determined by the language proficiency assessment committee in conjunction with the ARD committee in accordance with §89.1220(f) of this title (relating to Language Proficiency Assessment Committee).
- 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.
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.
- 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.
- 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.