Bilingual Exceptions and ESL Waivers

The 2021-2022 Bilingual Education Exception/English as a Second Language (ESL) Waiver application and instructions, including a video explanation, are now available on the TEA Bilingual Exception and ESL Waiver Resources webpage. 

All local educational agencies (LEAs), including all districts, charter schools, and districts of innovation, are required to identify and serve emergent bilingual (EB) students/English learners (ELs) through bilingual education or English as a second language (ESL) programs, per 19 TAC §89.1205. 

Pursuant to 19 TAC §89.1207(a)(1) and (b)(1), an LEA that does not have the appropriately certified teachers for their required bilingual education and/or ESL program(s) must apply to the Texas Education Agency (TEA) for a bilingual education exception and/or ESL waiver. The approval of an exception and/or a waiver shall be valid only during the school year for which it was granted. The application’s narrative responses require LEAs to explain how the students under the bilingual education exception and/or ESL waiver will be served in a temporary alternative language program that meets students’ affective, linguistic, and cognitive needs and aligns as closely as possible to the required bilingual/ESL program. 

LEAs that apply for a bilingual education exception and/or ESL waiver must develop a comprehensive professional development plan, targeting the competencies needed to serve EB students/ELs. At least 10 percent of the total Bilingual Education Allotment (BEA) funds shall be utilized to fund the professional development mentioned in the plan, regardless of whether the LEA is applying for a bilingual education exception and/or an ESL waiver.

All applications are due on or before November 1, 2021. Both parts of the application, the completed data submission (Excel file) and narrative responses (PDF), must be submitted to TEA as attachments to:  BilingualExceptions_ESLWaivers@tea.texas.gov.

Prior to filing a bilingual exception/ESL waiver, LEAs are encouraged to review the scenario chains for bilingual programs and ESL programs in order to calculate the need for an exception/waiver. Video explanations for these scenario chains have also been provided on the TEA Bilingual Exception and ESL Waiver Resources webpage.

For answers to frequently-asked-questions, see the Bilingual Exceptions/ESL Waivers FAQ. If you have additional questions or need additional information regarding bilingual education exceptions and/or ESL waivers, please contact the English Learner Support Division at EnglishLearnerSupport@tea.texas.gov.