Guidance Related to ARD Committee and LPAC Collaboration

When a student is or might be dually identified as emergent bilingual (EB) and eligible to receive special education services, the admission, review, and dismissal (ARD) committee must include a language proficiency assessment committee (LPAC) representative, and members must collaborate in order to ensure that both language acquisition and disability-related needs are considered in placement, services, progress monitoring, and assessment.  [19 TAC §§89.1226 (h), (k), and (l)].

Identifying and Serving Dually Identified Students

The ARD committee in conjunction with the LPAC will identify a student as an EB student if the student's ability in English is so limited or the student's disabilities are so severe that the required English language proficiency assessment cannot be administered.  Local educational agencies (LEAs) shall implement assessment procedures that differentiate between language proficiency and disabling conditions in accordance with 19 TAC Chapter 89 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 English as a Second Language (ESL) program is not refused solely because the student has a disability. Access to special education and bilingual or ESL services may not be restricted or denied due to limited staffing, scheduling, or other reasons of administrative convenience.

For EB students who are also eligible for special education services, the standardized process for reclassification is followed in accordance with applicable provisions 19 TAC §89.1226 (i). The annual review of student progress and decision to reclassify must be conducted through coordination of the LPAC and ARD committee.   

In rare cases, an EB student with the most significant cognitive disability who is receiving special education services may qualify to be reclassified using permitted criteria under 19 TAC §89.1226 (l), which gives special consideration to an EB student for whom assessments and/or standards used in the standard reclassification process are not appropriate because of the nature of a student’s disabling condition. Students eligible to be considered using the individualized reclassification criteria under TAC §89.1226 (l) should only be those meeting the definition of a student with the most significant cognitive disability as determined by the ARD committee in conjunction with the LPAC.

This Guidance and Reclassification of Dually Identified Students resource provides detailed guidance on identification and reclassification of dually identified students and outlines the steps of the Individualized Reclassification Process for EB students with the most significant cognitive disabilities.