Guidance Related to ARD Committee and LPAC Collaboration

When a student with a disability is, or might be identified as an emergent bilingual (EB)/English learner (EL), the student's admission, review, and dismissal (ARD) committee must work in conjunction with the language proficiency assessment committee (LPAC) to ensure appropriate identification and reclassification procedures and to determine recommended participation in the required bilingual education or English as a second language (ESL) program [19 TAC §§89.1226 (h), (l), and (m)] .

Identifying a Student as an Emergent Bilingual/English Learner

The ARD committee in conjunction with the LPAC will identify a student as an EB student/EL if the student's ability in English is so limited or the student's disabilities are so severe that the English language proficiency assessment 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 ESL services may not be restricted or denied due to limited staffing, scheduling, or other reasons of administrative convenience.

Reclassifying an Emergent Bilingual/English Learner as English Proficient

For EB students/ELs 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/EL English with a significant cognitive disability who is receiving special education services may qualify to be reclassified using permitted criteria under 19 TAC §89.1226 (m), which gives special consideration to an EB student/EL 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 (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.

This LPAC and ARD Committee Collaboration resource provides detailed guidance on identification and reclassification of dual-identified students and outlines the steps of the Individualized Reclassification Process for EB students/ELs with significant cognitive disabilities. 

For more information, go to the Bilingual and English as a Second Language Education Programs webpage.