Guidance Related to ARD Committee and LPAC Collaboration
When a student with a disability is, or might be identified as an English language learner (ELL), the student's admission, review, and dismissal (ARD) committee must work in conjunction with the language proficiency assessment committee (LPAC) to determine appropriate entry and exit criteria for a bilingual education or English as a Second Language (ESL) program. (19 TAC §§89.1226(h), (l), and (m)) .
Identifying a Student for an English Learning Program
The ARD committee in conjunction with the LPAC will identify a student as an English learner if the student's ability in English is so limited or the student's disabilities are so severe that the English oral language proficiency or norm-referenced assessments described in 19 TAC §89.1226(c) cannot be administered. Local education agencies (LEAs) shall implement assessment procedures that differentiate between language proficiency and disabling conditions in accordance with 19 TAC Subchapter AA (relating to Commissioner's Rules Concerning Special Education Services) and shall establish placement procedures that ensure that placement in a bilingual education or ESL program is not refused solely because the student has a disability. Access to special education and bilingual or ESC services may not be restricted or denied due to limited staffing, scheduling, or other reasons of administrative convenience.
Exiting a Student from an English Learning Program
For English learners who are also eligible for special education services, the standardized process for English learner program exit is followed in accordance with applicable provisions 19 TAC §89.1226(i). However, annual meetings to review student progress and make recommendations for program exit may occur but must be conducted by the ARD committee in conjunction with the LPAC. Additionally, LEAs must implement assessment procedures that differentiate between language proficiency and disabling conditions to ensure a bilingual education or English as a second language program is not refused solely because the student has a disability.
In rare cases, an English learner with significant cognitive disabilities who is receiving special education services may qualify to be reclassified using permitted criteria under TAC§89.1226(m), which gives special consideration to an English learner for whom assessments and/or standards) used in the regular reclassification process are not appropriate because of the nature of a student’s disabling condition. Students eligible to be considered using the reclassification criteria under TAC §89.1226(m) should only be those designated meeting the definition of a student with a significant cognitive disability as determined by the ARD committee in conjunction with the LPAC.
For more information go to the Bilingual and English as a Second Language Education Programs webpage.