19 Tex. Admin. Code § 89.1240 - Parental Authority and Responsibility
(a) Identification and placement approval.
(1) The parent shall be notified in English
and the parent's home language that their child has been identified as an
emergent bilingual (EB) student and recommended for placement in the required
bilingual or English as a second language (ESL) program using the Texas
Education Agency (TEA)-developed identification and approval of placement
letter.
(2) The parent shall be
provided information describing the bilingual or ESL program recommended, its
benefits and goals, and its being an integral part of the school program to
ensure that the parent understands the purposes and content of the program and
their parental rights.
(3) The
placement of a student in the bilingual or ESL program shall be approved in
writing by the student's parent, or through allowable alternatives described in
§89.1220(m) of
this title (relating to Language Proficiency Assessment Committee (LPAC) ), in
order to have the student included in the bilingual education allotment
(BEA).
(4) The parent's approval
shall be considered valid for the student's continued participation in the
required bilingual or ESL program until:
(A)
the student meets the reclassification criteria described in §89.1226(i) of
this title (relating to Testing and Classification of Students);
(B) the student graduates from high school;
or
(C) a change occurs in program
placement. A change between bilingual and ESL program placement requires new
parental approval using the TEA-developed continuation of language program
services letter.
(5) If a
parent denies program placement at any point, the TEA-developed parental denial
of program services letter shall be used to ensure parents are informed of the
implications of program denial, including understanding that the child will
continue to be identified as an EB student and will continue to be assessed
annually using the Texas English Language Proficiency Assessment System
(TELPAS) until reclassification criteria have been met.
(b) Reclassification and exit approval.
(1) The school district shall use the
TEA-developed parent notification of reclassification and approval of program
exit letter to give written notification to the student's parent of the
student's reclassification as English proficient and acquire written approval
for their exit from the bilingual or ESL program as required under Texas
Education Code, §29.056(a).
(2) The school district shall use the
TEA-developed parent notification of reclassification and option to continue in
a dual language immersion program letter to give written notification to the
student's parent of the student's reclassification as English proficient and
acquire written approval for continued program participation as an English
proficient student.
(3) Students
meeting reclassification criteria who have been recommended for exit by the
Language Proficiency Assessment Committee (LPAC) may only exit the bilingual or
ESL program with parental approval.
(c) Appeals.
(1) The parent of a student enrolled in a
school district that is required to offer bilingual or ESL programs may appeal
to the commissioner of education if the school district fails to comply with
the law or the rules.
(2) Appeals
shall be filed in accordance with Chapter 157 of this title (relating to
Hearings and Appeals).
Notes
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