19 Tex. Admin. Code § 89.1228 - Two-Way Dual Language Immersion Program Model Implementation

(a) Student enrollment in a two-way dual language immersion (DLI) program model is optional for non-emergent bilingual (EB) students in accordance with §89.1233(a) of this title (relating to Participation of Non-Emergent Bilingual Students).
(b) A two-way DLI program model shall fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability. Additionally, identified and reclassified EB students and non-EB students shall not be restricted access to the two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.
(c) A school district implementing a two-way DLI program model shall develop a policy for enrollment and continuation for students in this program model. The policy shall address:
(1) equitable access, including the program's intention to maintain a ratio of 50% EB students to 50% non-EB students and have no more than two-thirds speakers of the partner language to one-third speakers of English in each classroom;
(2) support of program benefits and goals as stated in §89.1210 of this title (relating to Program Content and Design);
(3) the district's commitment to providing equitable access to services for EB students and to ensuring continuity of program for all program participants;
(4) the program's language allocation plan for the grade levels in which the program will be implemented; and
(5) expectations for students, families, and district and campus stakeholders.
(d) A school district implementing a two-way DLI program model shall obtain written parental approval as follows.
(1) For EB students, written parental approval is obtained in accordance with §89.1240 of this title (relating to Parental Authority and Responsibility).
(2) For non-EB students, written parental approval is obtained through a school district-developed process.
(e) A school district implementing a two-way DLI program model shall determine the appropriate assessment option for program participants as follows.
(1) For EB students, the Language Proficiency Assessment Committee (LPAC) shall convene before the administration of the state criterion-referenced test each year to determine the appropriate assessment option for each EB student in accordance with §89.1220(i) of this title (relating to Language Proficiency Assessment Committee (LPAC)).
(2) For reclassified EB students and non-EB students, the appropriate assessment option for the administration of the state criterion-referenced test each year is determined by the LPAC or through a school district-developed process.

Notes

19 Tex. Admin. Code § 89.1228
The provisions of this §89.1228 adopted to be effective May 28, 2012, 37 TexReg 3822; Amended by Texas Register, Volume 43, Number 28, July 13, 2018, TexReg 4739, eff. 7/15/2018; Amended by Texas Register, Volume 45, Number 15, April 10, 2020, TexReg 2417, eff. 4/14/2020; Amended by Texas Register, Volume 48, Number 31, August 4, 2023, TexReg 4247, eff. 8/9/2023; Amended by Texas Register, Volume 50, Number 06, February 7, 2025, TexReg 0765, eff. 2/10/2025

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