18_04 Proposed Revisions to 19 TAC Chapter 89, Subchapter BB
Commissioner's Rules
Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating English Language Learners
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating English Language Learners (PDF)
SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item presents proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating English Language Learners. The proposed revisions would amend and clarify provisions relating to identifying, placing, serving, and reclassifying English learners to align the rules with current agency practice and make modifications to align with the proposed Every Student Succeeds Act (ESSA) State Plan, Title III, Part A.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§29.051, 29.053-29.056, 29.0561, 29.057-29.063, and 29.066.
TEC, §29.051, establishes the policy of the state to ensure equal educational opportunity to students with limited English proficiency through the provision of bilingual education and special language programs in the public schools and supplemental financial assistance to help school districts meet the extra costs of the programs.
TEC, §29.053, outlines requirements for reporting the number of students with limited English proficiency in school districts and explains the criteria for determining whether a district is required to provide bilingual education or special language programs at the elementary and secondary school levels.
TEC, §29.054, describes the application process and documentation requirements for school districts filing a bilingual education exception.
TEC, §29.055, establishes basic requirements in the content and methods of instruction for the state's bilingual education and special language programs.
TEC, §29.056, authorizes the state to establish standardized criteria for the identification, assessment, and classification of students of limited English proficiency and describes required procedures for the identification, placement, and exiting of students with limited English proficiency.
TEC, §29.0561, provides information regarding requirements for the reevaluation and monitoring of students with limited English proficiency for two years after program exit.
TEC, §29.057, requires that bilingual education and special language programs be located in the regular public schools rather than separate facilities, that students with limited English proficiency are placed in classes with other students of similar age and level of educational attainment, and that a maximum student-teacher ratio be set by the state that reflects student needs.
TEC, §29.058, authorizes districts to enroll students who do not have limited English proficiency in bilingual education programs, with a maximum enrollment of such students set at 40% of the total number of students enrolled in the program.
TEC, §29.059, allows school districts flexibility to join other districts to provide services for students with limited English proficiency.
TEC, §29.060, describes requirements for offering summer school programs for students with limited English proficiency eligible to enter kindergarten or Grade 1 in the subsequent school year.
TEC, §29.061, describes teacher certification requirements for educators serving students with limited English proficiency in bilingual education and special language programs.
TEC, §29.062, authorizes the state to evaluate the effectiveness of programs under TEC, Subchapter B.
TEC, §29.063, explains the roles and responsibilities of the language proficiency assessment committee and describes the composition of its membership.
TEC, §29.064, allows for a parent appeals process.
TEC, §29.066, provides information regarding a school district's coding of students participating in bilingual education and special language programs through the Texas Student Data System Public Education Information Management System (TSDS PEIMS).
EARLIEST POSSIBLE DATE OF ADOPTION: May 21, 2018.
PROPOSED EFFECTIVE DATE: July 4, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with the TEC, Chapter 29, Subchapter B, Bilingual Education and Special Language Programs, the commissioner exercised rulemaking authority to establish rules to guide the implementation of bilingual education and special language programs. The commissioner's rules in 19 TAC Chapter 89, Subchapter BB, establish the policy that every student in the state who has a primary language other than English and who is identified as an English learner shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program. These rules outline the requirements of the bilingual education and ESL programs, including program content and design, home language survey, the language proficiency assessment committee (LPAC), testing and classification, facilities, parental authority and responsibility, staffing and staff development, required summer school programs, and evaluation.
During the recent statutorily required review of rules in 19 TAC Chapter 89, staff identified the need to update rules in Subchapter BB to align with current agency practice. In addition, the issuance of the proposed ESSA State Plan, Title III, Part A, necessitated conforming changes to §89.1225 and the addition of new §89.1226.
The proposed revisions to 19 TAC Chapter 89, Subchapter BB, would update the term "English language learner" to "English learner" and the term "home language" to "primary language" throughout the rules. In addition, the following changes would be made.
Section 89.1201, Policy, would be amended to update terminology and align language with the required curriculum standards for bilingual education and ESL programs.
Section 89.1203, Definitions, would be amended to define terms used in Chapter 89, Subchapter BB, and align them with statute. Definitions would be added for bilingual education allotment, certified English as a second language teacher, dual-language instruction, English as a second language program, English language proficiency standards, exit, and reclassification.
Section 89.1205, Required Bilingual Education and English as a Second Language Programs, would be amended to update terminology and clarify that school districts seeking to implement bilingual education program models that are not required under statute have the authority to do so.
Section 89.1207, Exceptions and Waivers, would be amended to update terminology and codify filing and reporting procedures to align with current agency practices. The elements of a comprehensive professional development plan would be added to provide guidance that would ensure consistent and comprehensive training statewide. In addition, a requirement would be added that schools maintain records to support the submission of an exception or waiver. This would ensure schools have the appropriate documentation to present information to the school board as required by §89.1265. The section title would also be amended to add clarity.
Section 89.1210, Program Content and Design, would be amended to update terminology and add clarity to the descriptions of the various bilingual education and ESL program models.
Section 89.1215, Home Language Survey, would be amended to update terminology and provide guidance on responsibilities regarding the survey. A requirement would be added to provide the survey in Vietnamese to reflect that it is the state's second most represented primary language. In addition, language would be amended to clarify that the home language survey should be given only to students enrolling in a Texas public school for the first time and to require the receiving district to make multiple attempts to obtain the survey from the sending district for a student who has been enrolled previously in a Texas public school. These changes would ensure continuity of program services for students and avoid services potentially being interrupted or altered.
Section 89.1220, Language Proficiency Assessment Committee, would be amended to update terminology and clarify the member composition of the LPAC as well as student monitoring requirements to align with requirements in statute. Additional changes would clarify parent notification and parent approval procedures and adjust timeline language to align with ESSA and state statutory requirements.
Section 89.1225, Testing and Classification of Students, would be amended to update terminology and align with new ESSA requirements for the 2018-2019 school year, including a student assessment and identification timeline of four weeks, use of a standardized rubric for providing subjective teacher evaluation for student exit purposes, and additional clarification of testing requirements for program entry and exit. Additionally, clarification would be provided with regard to the role of the LPAC and the admission, review, and dismissal (ARD) committee and procedures to be followed in the decision-making process for English learners with identified special needs. Language would be amended to align with new annual language proficiency testing procedures made allowable through ESSA for English learners with significant cognitive disabilities. This section would be superseded by §89.1226 beginning with the 2019-2020 school year.
Proposed new §89.1226, Testing and Classification of Students, Beginning with School Year 2019-2020, would be added to align with new ESSA requirements to be implemented beginning with the 2019-2020 school year. New standardized procedures would be introduced, including the state's use of a single English language proficiency test for student identification and entrance and a single English language proficiency test for student exit. Additionally, proposed amendments to §89.1225 would be included in this section where appropriate.
Section 89.1227, Minimum Requirements for Dual Language Immersion Program Model, would be amended to include language regarding provision of equitable resources to ensure that program model participants are consistently given equitable access to the state curriculum.
Section 89.1228, Dual Language Immersion Program Model Implementation, would be amended to update terminology and clarify parent permission requirements. The section title would be amended to clarify the specific program model addressed in this section.
Proposed new §89.1229, General Standards for Recognition of Dual Language Immersion Program Models, would be added. The new section would contain language from §89.1265, General Standards for Recognition of Dual Language Immersion Program Models, proposed for repeal, and would be moved to more logically organize the rules. Differences from the repealed rule would include clearly delineated criteria for recognizing dual language immersion program implementation and new language about recognition of student performance as required in TEC, §28.0051.
Section 89.1230, Eligible Students with Disabilities, would be amended to update terminology and clarify the role and responsibilities of the LPAC in decision-making for English learners with disabilities.
Section 89.1233, Participation of English Proficient Students, would be amended to update terminology and clarify participation enrollment limitations in accordance with statute.
Section 89.1235, Facilities, would be amended to update terminology and provide flexibility for how school districts continue services for students who have attended a newcomer center for the allowed two years. Information regarding percentage of enrolled English learners per facility would be amended and moved to §89.1233 to align with statute.
Section 89.1240, Parental Authority and Responsibility, would be amended to update terminology and clarify requirements to be included in the bilingual education allotment.
Section 89.1245, Staffing and Staff Development, would be amended to update terminology and remove outdated language regarding emergency teaching permits. To streamline and eliminate redundancy, language describing requirements for school districts filing for a bilingual exception or ESL waiver would be deleted and language describing materials provision would be combined.
Section 89.1250, Required Summer School Programs, would be amended to update terminology and clarify allowable funding sources. The state's bilingual education allotment provides funds for this state-mandated program.
Section 89.1265, Evaluation, would be amended to update terminology and clarify annual evaluation requirements aligned with statute and incorporate requirements currently described in §89.1267. Additional evaluation reporting requirements would be provided for school districts filing for a bilingual exception and/or an ESL waiver to align with proposed amendments to §89.1207.
Section 89.1267, Standards for Evaluation of Dual Language Immersion Program Models, would be repealed to eliminate redundancy, as these requirements are already fulfilled in §89.1265.
Section 89.1269, General Standards for Recognition of Dual Language Immersion Program Models, would be repealed and proposed as new §89.1229 to more logically organize the rules.
In addition, the subchapter title would be changed to "Commissioner's Rules Concerning State Plan for Educating English Learners."
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no fiscal implications to persons or entities required to comply with the proposed revisions. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed revisions do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: The TEA has determined that the proposed revisions would not have a government growth impact pursuant to Texas Government Code, §2001.0221.
PUBLIC AND STUDENT BENEFIT: The proposed revisions would further clarify the rules for serving English learners.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed revisions would have no new reporting implications. However, the revisions would include new procedural requirements to codify current agency practice. Section 89.1215(d) would require receiving districts to make and document multiple attempts to obtain the student's home language survey from the sending district. Section 89.1265 would require the evaluation report to be presented to the school board.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule action would include new locally maintained paperwork requirements to codify current agency practice. Section 89.1207(a)(2) and (b)(2) would require school districts submitting a bilingual education exception or ESL exception to maintain written records of all documents supporting the submission, including a list of specific documents. Section 89.1215(d) would require receiving districts to make and document multiple attempts to obtain the student's home language survey from the sending district. Section 89.1220(m)(2) would allow districts to obtain parental approval through a phone conversation or email if the phone conversation or email is documented and retained.
PUBLIC COMMENTS: The public comment period on the proposal begins April 20, 2018, and ends May 21, 2018.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A public hearing to solicit testimony and input on the proposed revisions will be held from 9:00 a.m. until the conclusion of testimony or not later than 11:00 a.m. on May 2, 2018, in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Individuals who wish to testify at the hearing should sign in at the hearing site; no prior registration is necessary.
Staff Members Responsible:
Justin Porter, Executive Director, Special Populations
Barbara Kennedy, Director of English Learner Support, Special Populations
Susie Coultress, Director of Bilingual/ESL/Title III, Part A, Special Populations