April 26, 2012
TO THE ADMINISTRATOR ADDRESSED:
Subject: 2012 Summer School Program for Limited English Proficient (LEP) Students in Kindergarten and First Grade
Attached is a copy of 19 Texas Administrative Code (TAC) Section 89.1250, Required Summer School Programs, which requires districts to provide a summer school program for limited English proficient (LEP) students who will be eligible for admission to kindergarten and first grade at the beginning of the next school year. This letter is to inform school districts that funds have been appropriated for the 2011-2012 school year to reimburse school districts for operating a summer school program.
This information is provided to help districts prepare and coordinate building services, transportation, calendars and instruction with other state and federal programs. Districts required to offer a bilingual education or special language program during the 2011-2012 school year, including those with approved exceptions, must offer the summer school program. Reimbursement for costs of enrolling students of limited English proficiency will be processed in the fall of 2012 through the Division of Grants Administration.
Districts operating a two-semester system shall offer the program for one-half day for eight weeks while school is recessed for the summer or a total of 120 hours of instruction on a schedule established by the board of trustees. Districts operating year-round schools shall offer a program during intercessions for a total of 120 hours of instruction per §89.1250(3)(B).
For students who have not attended school previously and need to be identified as Limited English Proficient (LEP), 19 TAC Section 89.1225 rules are to be followed. The List of Approved Tests for Assessment of Limited English Proficient Students is required for the identification process and can be found at the following URL:
It is the second link under the title “Documents” which follows the “Related Links” section.
Funding for the program will be on a teaching unit basis with 18 students or a fraction thereof constituting a unit. Since the appropriation for this program is a fixed amount, it will be necessary to prorate unit allotments if enrollment exceeds projections. Based on 2011 program costs, it is suggested that districts plan for reimbursement of no more than $1,074 per unit. Business managers should be informed that the fund code is 289 and that payment to the district will be provided through direct deposit.
Please note that data will be collected through the Public Education Information Management System (PEIMS) for summer school 2012. All participating districts are required to submit actual costs of students and this data is subject to audit by the School Financial Audit Division. “THE-BILINGUAL/ESL-SUMMER-SCHOOL-INDICATOR-CODE” is included in the 101 Student Demographic Record of the 2011-2012 PEIMS Data Standards to identify students participating in the Bilingual/ESL Summer School Program. This indicator code is collected in Submission 4 only, and the due date to TEA is September 8, 2012.
If you have any program questions, please contact Susie Coultress, State Director, Bilingual/English as a Second Language Programs/Title I, Part C Migrant/Title III, Part A, at (512) 463-9581. If you have PEIMS questions, please contact the PEIMS Division at (512) 936-7346. If you have funding questions, please contact the Division of Grants Administration at (512) 463-8525.
Standards and Programs
Attachment: 19 TAC §89.1250, Required Summer School Programs, and 19 TAC §89.1265, Evaluation
Texas Administrative Code Title 19 Chapter 89. Adaptations for Special Populations
Subchapter BB. Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students
§89.1250. Required Summer School Programs.
Summer school programs that are provided under the Texas Education Code, §29.060, for children of limited English proficiency who will be eligible for admission to kindergarten or first grade at the beginning of the next school year shall be implemented in accordance with this section.
(1) Purpose of summer school programs.
(A) Limited English proficient students shall have an opportunity to receive special instruction designed to prepare them to be successful in kindergarten and first grade.
(B) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student.
(C) The program shall address the affective, linguistic, and cognitive needs of the limited English proficient students in accordance with §89.1210(c) and §89.1210(e) of this title (relating to Program Content and Design).
(2) Establishment of, and eligibility for, the program.
(A) Each district required to offer a bilingual or special language program in accordance with the Texas Education Code, §29.053, shall offer the summer program. Programs under this subsection for students who will be in bilingual education kindergarten and first grade programs shall be bilingual education.
(B) To be eligible for enrollment, a student must be eligible for admission to kindergarten or to the first grade at the beginning of the next school year and must be limited English proficient.
(C) Limited English proficiency shall be determined by screening students using informal oral language inventories or oral proficiency instruments approved by the commissioner of education, or other appropriate instruments.
(3) Operation of the program.
(A) Enrollment in the program is optional with the parents of the student.
(B) The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction.
(C) The student/teacher ratio for the program district-wide shall not exceed 18 to one.
(D) A district is not required to provide transportation for the summer program.
(E) Teachers shall possess certification or endorsement as required in the Texas Education Code, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).
(F) Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term.
(G) A district may join with other districts in cooperative efforts to plan and implement programs.
(H) The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in the Texas Education Code, §29.153.
(4) Funding and records for programs.
(A) A district shall use state and local funds for program purposes. Districts may use federal funds, consistent with requirements for the expenditure of federal funds, for the program.
(i) Available funds appropriated by the legislature for the support of summer school programs provided under the Texas Education Code, §29.060, shall be allocated to school districts in accordance with this subsection.
(ii) Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to one. The numbers of students required to earn units shall be established by the commissioner of education. The allotment per unit shall be determined by the commissioner based on funds available.
(iii) Any district required to offer the program under paragraph (2)(A) of this subsection that has less than ten students district-wide desiring to participate is not required to operate the program. However, those districts must demonstrate that they have aggressively attempted to encourage student participation.
(iv) Payment to districts for summer school programs shall be based on units employed. This information must be submitted in a manner and according to a schedule established by the commissioner of education in order for a district to be eligible for funding.
(B) A district shall maintain records of eligibility, attendance, and progress of students.
Source: The provisions of this §89.1250 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311.
(a) All districts required to conduct a bilingual education or English as a second language program shall conduct periodic assessment and continuous diagnosis in the languages of instruction to determine program impact and student outcomes in all subject areas.
(b) Annual reports of educational performance shall reflect the academic progress in either language of the limited English proficient students, the extent to which they are becoming proficient in English, the number of students who have been exited from the bilingual education and English as a second language programs, and the number of teachers and aides trained and the frequency, scope, and results of the training. These reports shall be retained at the district level to be made available to monitoring teams according to §89.1260 of this title (relating to Monitoring of Programs and Enforcing Law and Commissioner's Rules).
(c) Districts shall report to parents the progress of their child as a result of participation in the program offered to limited English proficient students in English and the home language at least annually.
(d) Each school year, the principal of each school campus, with the assistance of the campus level committee, shall develop, review, and revise the campus improvement plan described in the Texas Education Code, §11.253, for the purpose of improving student performance for limited English proficient students.
Source: The provisions of this §89.1265 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107.