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Compliance and Accountability


School districts in Texas, including Charters and Districts of Innovation, are responsible for ensuring compliance with Texas Education Code (TEC) §29.051-29.064Opens a new window - Bilingual Education and ESL Programs, and Texas Administrative Code, Chapter 89Opens a new window. Adaptations for Special Populations, Subchapter BB. Commissioner's Rules Concerning State Plan for Educating English Learners.

This includes following the standardized, statewide process for identifying, serving, and reclassifying/exiting English learners, and for monitoring their English language acquisition and academic progress. In addition, Texas school districts must also ensure equitable access of English learners to other program services, including special education services and services for gifted and talented students.
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How are English learners identified in Texas?

Kids with computers
Under ESSA, Title III, Part A, Texas uses a single, statewide assessment for the purpose of identifying English learners in grades PK-12, starting in the 2019-2020 school year. Data Recognition Corporation (DRC) serves as the State-approved sole source vendor for the LAS Battery of language proficiency assessments (English and Spanish) to be administered in accordance with TAC 18.1226 (c). To access the DRC Texas-dedicated web page for information on how to order tests, obtain the statewide discount, and access test administrator training, click https://laslinks.com/texas/Opens a new window

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What program services are available for English Learners in Texas?

Texas school districts, including Charters and Districts of Innovation, are required to provide bilingual education (BE) and/or English as a Second Language (ESL) programs as integral parts of the general program, and to seek appropriately certified teaching personnel to ensure that English learners are afforded full opportunity to master the essential knowledge and skills required by the state.

When is a Texas school district required to provide bilingual education services?

Every Texas school district, including Charters and Districts of Innovation, that has one or more identified English learners in enrollment must provide English learner program services using one of the six State-approved program models (see table below):
EL Population
Bilingual or ESL?
Program Model Options
Certification Requirements
20 or more ELs at the same grade level, district-wide, who share the same primary language (Meet the “Rule of 20”)
Bilingual education (BE) program required (elementary grades only, PK-5, or PK-6 when grade 6 is clustered with any elementary grade levels)
Transitional BE
• Early Exit
• Late Exit
Dual Language Immersion (DLI)
• One-way
• Two-way
At least on EL in the district, but not meeting the “Rule of 20” referenced above
ESL program required (PK-12)
ESL Pull-out
Esl Content-based

How are English learner program services aligned with State standards?

BE and ESL programs shall use instructional approaches designed to meet the specific language needs of English learners. The basic curriculum content of the programs shall be based on the Texas Essential Knowledge and SkillsOpens a new window (TEKS) and the English Language Proficiency StandardsOpens a new window (ELPS) required by the state.

What professional development opportunities and instructional resources are available for teachers that serve English learners and immigrant students?

Visit the Teacher Page of the Web Portal for information about Texas Gateway and other helpful resources available to teachers.
The Curriculum DivisionOpens a new window provides state level support, information and non-regulatory guidance to school administrators, teachers, counselors, parents, and students regarding general curriculum laws and rules, particularly with respect to TEKS- and ELPS-based instruction, graduation requirements, options for offering courses, and award of credit.
CLI EngageOpens a new window is the comprehensive professional development platform for public school pre-k and Head Start teachers in Texas, providing free access to Texas School Ready! tools and resources.
This booklet serves as a resource for classroom teachers in Texas who work with the English learner population. Words included were selected from the Texas Essential Knowledge and Skills (TEKS), with the aim of identifying vocabulary that will help students learn content and skills represented on statewide assessments.
A critical component of the Spanish Language Arts and Reading standards, in Spanish.
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This site provides information regarding the Texas high school graduation requirements.
Can a student be awarded high school credit for completing a dual language immersion program at an elementary school?

FAQ-LOTEOpens a new window
Yes. In accordance with TEC §28.0051 and TAC §74.12(b)(5)(F), a student may satisfy one credit of the two LOTE credits required for graduation by successfully completing a dual language immersion program at elementary school. To successfully complete a dual language immersion program, a student must satisfy the following three requirements
  • The student must have participated in a dual language immersion program for at least five consecutive school years.
  • The student must achieve high levels of academic competence as demonstrated by performance of meets or masters grade level on the State of Texas Assessments of Academic Readiness (STAAR®) in English and Spanish, as applicable.
  • The student must achieve proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.
How should school districts document the award of credit for completion of the dual language immersion program at an elementary school?
The award of credit must be clearly indicated on the student’s academic achievement record (AAR) using the appropriate high school course PEIMS code. The second credit of LOTEOpens a new window must be in the same language as the successfully completed dual language immersion program.
Does Texas award a Seal of Biliteracy?
Texas does not award a Seal of Biliteracy, but a student may earn a performance acknowledgementOpens a new window on the student's transcript for outstanding performance in bilingualism and biliteracy in accordance with TAC §74.14(b).
What funds are available to support the State's English learners?

Bilingual Education Allotment (BEA) State Funds
BEA funds are based on a weighted formula using the Average Daily Attendance (ADA) for English learners participating in bilingual education and English as a Second Language (ESL) programs.
Allowable use of BEA funds is described in TEC §42.153.Opens a new window BEA Allowable Use of Funds Guidance Document (in development)
Title III, Part A Federal Funds
Title III funds are allocated based on the PEIMS snapshot from the previous year of identified English learners participating in a Language Instruction Educational Programs (LIEP)
Title III Allowable Use of Funds FAQOpens a new window

How are English learners identified in Texas?

The single, statewide assessment for the purpose of reclassifying English learners in Texas in the area of English language proficiency is the Texas English Learner Proficiency Assessment System (TELPAS), which is also used to monitor annual progress.
The single, statewide academic achievement test for the purpose of reclassifying/exiting English learners is the STAAR or EOC. For English learners enrolled in grades 1, 2, 11, and 12, and for whom no STAAR or EOC is administered, a single statewide norm-referenced achievement test is to be used for the purpose of reclassification/exit in the place of the STAAR or EOC, beginning in the 2019-2020 school year. The State-approved vendor for the norm-referenced achievement test is not yet identified but shall be in Fall 2019. Test vendor information will be posted here as it becomes available
Specific information regarding criteria for English learner reclassification can be found here:
More information on the rationale for transitioning to a standardized process and use of single, statewide assessments for the purpose of identifying and reclassifying English learners in Texas can be found here:

What state and federal requirements are in place to ensure that Texas educators meet the needs of the state’s English learners?

Texas Education Code (TEC)


Texas Administrative Code (TAC)

Every Student Succeeds Act (ESSA)

Title III, Part A StatuteOpens a new window (pages 190-207)

ESSA Consolidated Federal Grant ApplicationOpens a new window

TEA Grant OpportunitiesOpens a new window

How is the academic progress and English language acquisition of the State’s English learners measured and monitored?

For English learners participating in a program and those with a parent denial, the Language Proficiency Assessment Committee (LPAC) meets at the end of every school year to review STAAR, EOC, and TELPAS data and to monitor progress and determine if the student has met the State’s criteria for reclassification as English proficient. English learners may only be reclassified as English proficient at the end of the school year and based on LPAC recommendation. Parental approval of program exit is required in order for a student to exit program services.

How are English learners monitored after reclassification and program exit?

When the LPAC has determined an English learner has met the reclassification criteria and the parent has been notified of their child’s reclassification as English proficient, the LEP/EL indicator in PEIMS will change from a “1” to an “F” beginning in the following academic year.
LEP/EL Indicator Code Guide
0
Non-LEP/English Proficient
1
Identified as LEP/English Learner   
F
Year 1 Monitoring
S
Year 2 Monitoring
3
Year 3 Monitoring
4
Year 4 Monitoring
5
Years 5+ after monitoring is complete   

For how many years does monitoring occur after reclassification?

In accordance with TEC §29.056(g), the LPAC shall monitor the academic progress of each student who has met criteria for reclassification, including parental denials, for the first two years after reclassification (LEP/EL indicator codes “F” and “S”). Based on data reviewed in the two-year monitoring process, the LPAC may determine that a reclassified student is still in need of program services and may recommend a return to program placement, with parent permission.
In accordance with federal requirements under ESSA, reclassified English learners are monitored for an additional two years (LEP/EL indicator codes “3” and “4”) for accountability purposes only. This data is collected within PEIMs and does not require any action from LPAC.

What does “5” on the LEP/EL indicator code table mean?

The Former LEP/EL code (5) was added in 2019-2020 to enable the state to track longitudinal progress of individual English learners after reclassification and to gauge overall program model effectiveness for the State’s bilingual and ESL programs.
Note:
This new code for Former LEP/EL will only be used this year (2019-2020) for students who were a LEP/EL Indictor code 4 for their fourth year of monitoring after reclassification in the 2018-2019 school year. The Former LEP/EL code will stay with the student until he/she graduates.

What additional assessment resources are available?

What special provisions are in place to ensure equitable access of eligible English learners toSpecial Education and/or Gifted and Talented services?

§89.1226. Testing and Classification of Students.
(h) The language proficiency assessment committee in conjunction with the admission, review, and dismissal (ARD) committee shall 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 subsection (c) of this section cannot be administered. The decision for entry into a bilingual education or ESL program shall be determined by the language proficiency assessment committee in conjunction with the ARD committee in accordance with §89.1220(f) of this title (relating to Language Proficiency Assessment Committee).

§89.1230. Eligible Students with Disabilities.
(a) School districts shall implement assessment procedures that differentiate between language proficiency and disabling conditions in accordance with Subchapter AA of this chapter (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 program is not refused solely because the student has a disability. (b) Language proficiency assessment committee members shall meet in conjunction with admission, review, and dismissal committee members to review and provide recommendations with regard to the educational needs of each English learner who qualifies for services in the special education program.

ARD Committee ResourcesOpens a new window

Admission, review, and dismissal (ARD) committee members should use the following resources to make decisions about placement in the Texas Student Assessment Program for students receiving special education services. The manual explains to ARD committees how to make assessment decisions by using the state-mandated curriculum, the Texas Essential Knowledge and Skills (TEKS), as documented in each student's individualized education program (IEP).

Special Education Assessment ResourcesOpens a new window

Coming soon
Items for English learners with Multiple Needs
  • Literature Reviews
  • Lesson Plans

Gifted Talented EducationOpens a new window

Access to assessment and, if needed, G/T services must be made available to all populations of the district (TAC §89.1(3); State Plan 1.6COpens a new window ). Students must be assessed in languages they understand or with nonverbal assessments (State Plan 1.5.2C). In cases where a student (including an English learner) has testing accommodations recorded on an Individual Education Plan (IEP) or 504 accommodations in place, then accommodations must be available when assessing for gifted/talented services.

How does the Texas Accountability System track and report on academic achievement of the State’s English learners?

Closing the Gaps measures in Domain III of the State Accountability System addresses English learner achievement by measuring an EL's progress toward achieving English language proficiency. The English Language Proficiency component evaluates the TELPAS results for grades K–12. A student is considered having made progress if
  • the student advances by at least one score of the composite rating from the prior year to the current year, or
  • the student’s result is Advanced High.
Use the links below to access more information:

For more information regarding general and special education programs in Texas, as they relate to English learners, contact the Divisions referenced below:

Student Assessment
Phone: (512) 463-9536
Email: StudentAssessment@tea.texas.gov

TELPAS
Phone: (512) 463-9536
Email: assessment.specialpopulations@tea.texas.gov

Early Childhood Education
Early Childhood Individual Contacts

Curriculum
Phone: (512) 463-9581
Email:curriculum@tea.texas.gov

Special Education or IEP-Related Services
SPEDTex
1-855-SPEDTEX (773-3839)
https://www.spedtex.org/

Department of Special Populations
Phone:(512) 463-9414
Email: sped@tea.texas.gov

Gifted/Talented Education
Monica Brewer
Phone:(512) 463-9414
Email:gted@tea.texas.gov

Accountability
Performance Reporting
Phone: (512) 463-9704
Email:Performance.Reporting@tea.texas.gov