19 Tex. Admin. Code § 89.1226 - Testing and Classification of Students
(a) The single state-approved English
language proficiency test for identification of emergent bilingual (EB)
students described in subsection (c) of this section shall be used as part of
the standardized, statewide identification process.
(b) Within four calendar weeks of initial
enrollment in a Texas public school, a student with a language other than
English indicated on the home language survey shall be administered the
state-approved English language proficiency test for identification as
described in subsection (c) of this section and shall be identified as an EB
student and recommended for placement into the required bilingual or English as
a second language (ESL) program in accordance with the criteria listed in
subsection (f) of this section.
(c)
To identify EB students, school districts shall administer to each student who
has a language other than English as identified on the home language survey:
(1) in prekindergarten through Grade 1, the
listening and speaking components of the state-approved English language
proficiency test for identification; and
(2) in Grades 2-12, the listening, speaking,
reading, and writing components of the state-approved English language
proficiency test for identification.
(d) School districts that provide a bilingual
program at the elementary grades shall administer a language proficiency test
in the home language of the student who is eligible to be served in the
bilingual program. If the home language of the student is Spanish, the school
district shall administer the Spanish version of the state-approved language
proficiency test for identification. If a state-approved language proficiency
test for identification is not available in the home language of the student,
the school district shall determine the student's level of proficiency using
informal oral language assessment measures.
(e) All language proficiency testing shall be
administered by professionals or paraprofessionals who are proficient in the
language of the test and trained in the language proficiency testing
requirements of the test publisher.
(f) For placement into a bilingual or ESL
program, a student shall be identified as an EB student using the following
criteria.
(1) In prekindergarten through Grade
1, the student's score(s) from the listening and/or speaking components on the
state-approved English language proficiency test for identification is/are
below the level designated for indicating English proficiency.
(2) In Grades 2-12, the student's score(s)
from the listening, speaking, reading, and/or writing components on the
state-approved English language proficiency test for identification is/are
below the level designated for indicating English
proficiency.
(g) A
student shall be identified as EB if the student's beginning English language
skills interfere with the completion of the English language proficiency
assessment described in subsection (c) of this section.
(h) The Language Proficiency Assessment
Committee (LPAC), in conjunction with the admission, review, and dismissal
(ARD) committee, shall identify a student as EB if the student's disabilities
interfere with the completion of the English language proficiency assessment
described in subsection (c) of this section. The bilingual or ESL program
placement recommendation shall be determined by the LPAC, in conjunction with
the ARD committee, in accordance with §89.1220(f) of
this title (relating to Language Proficiency Assessment Committee (LPAC)),
ensuring access to both the bilingual or ESL program and the special education
and related services needed to provide a free, appropriate public education as
identified in the student's individualized education program.
(i) An EB student may be reclassified as
English proficient only at the end of the school year in which a student
routinely demonstrates readiness for reclassification as English proficient and
the ability to successfully participate in grade level content instruction that
is delivered with no second language acquisition supports. EB students,
including those with parental denials, are eligible for linguistic or
non-linguistic based designated supports or accommodations on the state
criterion-referenced English language arts and reading assessment instrument
when recommended by the LPAC or any other committee. These designated supports
or accommodations do not prevent an EB student from meeting reclassification
criteria. An EB student reclassifies as English proficient when all three of
the following criteria are met:
(1) a
composite proficiency rating, which includes ratings in the areas of listening,
speaking, reading, and writing, on the state-approved English language
proficiency test for reclassification that is designated for indicating English
proficiency;
(2) passing standard
met on the English language arts and reading assessment instrument under Texas
Education Code (TEC), §39.023(a) or (c), or, for students at grade levels not
assessed by the aforementioned assessment instruments, a score at or above the
40th percentile on both the English reading and the English language arts
sections of the state-approved norm-referenced standardized achievement
instrument; and
(3) the results of
a subjective teacher evaluation using the state's standardized
rubric.
(j) An EB student
may not be reclassified as English proficient in prekindergarten or
Kindergarten. A school district shall ensure that EB students are prepared to
meet academic standards required by TEC, §28.0211.
(k) For EB students who are also eligible for
special education services, the standardized process for student
reclassification is followed in accordance with applicable provisions of
subsection (i) of this section. However, annual meetings to review student
progress and make recommendations for reclassification shall be made in all
instances by the LPAC, in conjunction with the ARD committee, in accordance
with §89.1230(b) of
this title (relating to Eligible Students with Disabilities). Additionally, the
LPAC, in conjunction with the ARD committee, shall determine participation and
designated support or accommodation decisions on state criterion-referenced and
English language proficiency assessments that differentiate between language
proficiency and disabling conditions in accordance with §89.1230(a) of
this title.
(l) For an EB student
with a significant cognitive disability, the LPAC, in conjunction with the ARD
committee, may recommend that the state's criterion-referenced and English
language proficiency assessments used for reclassification are not appropriate
because of the nature of the student's disabling condition. In these cases, the
LPAC, in conjunction with the ARD committee, may recommend that the student
take the state's alternate criterion-referenced and alternate English language
proficiency assessments. Additionally, the LPAC, in conjunction with the ARD
committee, may utilize the individualized reclassification process to determine
appropriate performance standard requirements for the state standardized
reading assessment and English language proficiency assessment by language
domain under subsection (i)(1) of this section and utilize the results of a
subjective teacher evaluation using the state's standardized alternate
rubric.
(m) Notwithstanding
§101.101 of this title (relating to
Group-Administered Tests), all tests used for the purpose of identification and
reclassification of students and approved by TEA shall be re-normed at least
every eight years.
Notes
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