19 Tex. Admin. Code § 101.1003 - English Language Proficiency Assessments
(a) In Kindergarten-Grade 12, an emergent
bilingual (EB) student, as defined by Texas Education Code (TEC), Chapter 29,
Subchapter B, as a student whose primary language is other than English and
whose English language skills are such that the student has difficulty
performing ordinary classwork, shall be administered state English language
proficiency assessments annually in listening, speaking, reading, and writing
to fulfill state requirements under TEC, Chapter 39, Subchapter B, and federal
requirements.
(b) In rare cases,
the admission, review, and dismissal (ARD) committee in conjunction with the
language proficiency assessment committee (LPAC) may determine that it is not
appropriate for an EB student in Grades 2-12 who receives special education
services to participate in the general English language proficiency assessment
required by subsection (a) of this section for reasons associated with the
student's particular disability.
(1) Students
with the most significant cognitive disabilities who cannot participate in the
general English language proficiency assessment, even with allowable
accommodations, and meet the participation requirements for the alternate
English language proficiency assessment shall participate in the alternate
English language proficiency assessment to meet federal requirements.
(2) The ARD committee shall document the
decisions and justifications in the student's individualized education program,
and the LPAC shall document the decisions and justifications in the student's
permanent record file.
(c) In the case of an EB student who receives
special education services, the ARD committee in conjunction with the LPAC
shall determine and document the need for allowable testing accommodations in
accordance with administrative procedures established by the Texas Education
Agency.
Notes
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