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My professional perspective is working as a principal at Cross Plains High School. I received my Bachelor of Science degree in 2008 from Angelo State University. This Legal Guide Padlet is a for principals to navigate the legal requirements of providing educational services for students who are identified as English Language Learners (ELL). This topic was was chosen due to the increasing amount of students who come from homes where English is not spoken as the primary language.  These students require additional support, in contrast to their peers who are native English speakers, to overcome language barriers in order succeed.

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I interviewed Brandon McDowell who is the Superintendent of Coleman Independent School district about the legal requirements pertaining to serving students who are classified as ELL.

How do laws concerning students who are English Language Learners impact a school?

Mr. McDowell noted that the law requires that once a school has more than 20 students in a grade level, the school must hire a bilingual certified teacher and offer dual-language instruction. He also stated that if a school does not meet the 20 student threshold, English as a second language (ESL) programs must still be implemented at the school. Additionally, schools must have a Language Proficiency Assessment Committee established to qualify students for the the bilingual or ESL programs and monitor their academic progress towards English Language Proficiency Standards (ELPS).

Best Practices for ELL students

Mr. McDowell identified three of his best practices when approaching the topic of ELL students:
1) Educate the parents of the students who qualify for ELL services of the benefits of the ELL program.
2) The design of the ELL program should be to get those students to a place where the ELPS are satisfied and the students can be "Exited" out of the ELL program. In other words, "Begin with the end in mind".
3) Ensure that teachers continually attend professional development  trainings to provide the most effective instruction for this group of students.

Emerging issues in ELL education.

A challenging aspect of ELL education is the perennial shortage of bilingual certified teachers and ESL certified teachers in the face of a growing number of students who need these programs. School districts are placing an emphasis on recruitment and trainings to satisfy legal requirements.

(B. McDowell, personal communication, July 15, 2019)

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The Texas Classroom Teachers Association (TCTA) published an article explaining the ways a school can stay in compliance with rules released for the 2018-2019 school year. TCTA explains the clarifications released by the Texas Education Agency (TEA) after the initial release of the new rules regarding bilingual and ESL certification caused confusion and concern for educators across the state.

This article was beneficial in that the complex rules for compliance were simplified in a manner that will allow school administrators to move forward and take actions to meet the legal requirements of providing services to ELL students.

Texas Classroom Teachers Association (TCTA), (2019). TEA: New rules don't require all ELAR teachers to obtain ESL certification. Retrieved from https://tcta.org/node/14829-tea_new_rules_don_t_require_all_elar_teachers_to_obtain_esl_certification

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TEA: New rules don't require all ELAR teachers to obtain ESL certification | Texas Classroom Teachers Association

After adopting significant rule changes increasing the certification requirements for teachers in bilingual or English as a Second Language programs, TEA's Division of English Learner Support recently issued a statement to clear up some common misconceptions in the field regarding the requirements. TCTA received calls from many content-area members who are being required by their school districts to obtain ESL certification immediately in order to meet the new rule requirements. ( Click here to read more.)

Key among the clarifications issued by TEA was this: "If an LEA chooses to implement an ESL pull-out program model, there are multiple ways to do so, including options to coordinate services between an ESL-certified teacher and the ELAR teacher of English learners; therefore, the blanket statement that all ELAR teachers need to obtain ESL certification is not accurate."

Further points of clarification from TEA are as follows:

The revised ESL certification requirements only apply to those teachers who are serving English learners through one of the state-approved ESL program models, not to all teachers.

LEAs have the option of electing to provide ESL services through either ESL pull-out (requiring ELAR instruction delivered by a teacher certified for that grade level in ELAR and ESL) or through ESL content-based (requiring English learners to receive all content instruction by teachers certified at that grade level/content area and in ESL). Each is allowable under statute.

LEAs may choose to implement a content-based ESL program model, which does require all content teachers of English learners to be ESL-certified, but this is just one of the two allowable options. Therefore, the blanket statement that the TEA is requiring all content teachers serving English learners to be ESL certified is not accurate.

If an LEA chooses to implement an ESL pull-out program model, there are multiple ways to do so, including options to coordinate services between an ESL-certified teacher and the ELAR teacher of English learners; therefore, the blanket statement that all ELAR teachers need to obtain ESL certification is not accurate.

Although sheltered instruction is no longer sufficient in fulfilling statutory requirements for serving English learners through ESL at the high school level, it continues to serve as a valuable component of effective ESL programming, not just at high school, but at all grade levels.

The English Learner Support Division has provided guidance documents to support districts in calculating potential staffing needs and associated certification requirements, which can be found here: http://elltx.org/assessment.html.

Regarding the waiving of ESL certification testing fees, the Texas Education Agency does not have the authority to do so. However, the English Learner Support Division is working with TEA legal and fiscal monitoring staff to provide detailed guidance for the allowable use of bilingual education allotment funds for this and related purposes. This guidance will be posted to the TEA Bilingual/ESL web page.

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TEA: New rules don't require all ELAR teachers to obtain ESL certification

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TEA: New rules don't require all ELAR teachers to obtain ESL certification | Texas Classroom Teachers Association After adopting significant rule changes increasing the certification requirements for teachers in bilingual or English as a Second Language programs, TEA's Division of English Learner Support recently issued a statement to clear up some common misconceptions in the field regarding the requirements.

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This article explains that English learners need more STEM opportunities in education as those skills will be beneficial in the workplace.

Additionally, the author discusses that STEM subjects can allow students to learn concepts and demonstrate understanding in a nonverbal way which can help overcome inherent language barriers. STEM activities can foster a sense of community and belonging as these assignments are often experimental and group oriented.

Furthermore, the author points to the need to implement collaboration strategies between STEM teachers and ESL teachers to develop STEM vocabulary.

Harper, A. (2019). English language learners need equal access to STEM opportunities, report find. Education Dive. Retrieved from https://www.educationdive.com/news/english-language-learners-need-equal-access-to-stem-opportunities-report-f/548679/

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Dive Brief:

According to a recent report by the National Academies of Science, Engineering and Medicine, the population of English learners in schools has grown to about 4.6 million - or about 9.4% of the school age population - and these students need to have equal access to STEM learning opportunities to avoid underrepresentation in the workforce, EdSurge reports.

English learners often are interested in STEM and can comprehend the concepts, but their access to rigorous instruction is often limited by the assumption that they must achieve a certain proficiency in English before they can participate, even though hands-on learning opportunities often require fewer English skills and may even enhance English learning.

The report recommends seven steps education leaders and policymakers can take to ensure better STEM opportunities for English learners: evaluating current policies, tools and strategies to determine their impact on ELL access to STEM; establishing and identifying current obstacles to STEM participation; providing the necessary tools to educators; creating high-quality STEM curriculum suited for ELL students; tapping into local support networks for ELL students; designing assessments that consider ELL needs; and reviewing accessibility and accommodations for assessments.

Dive Insight:

The report from the National Academies of Science, Engineering and Medicine highlights that not all educational activities are language-dependent. Some forms of instruction - such as demonstration and experimentation - can encourage English learning in context and at least allow students to "gain a sense" of concepts even if they don't understand all the details in the lesson. Those details may need to be supplemented through later instruction adapted to their learning needs.

The biggest obstacle, the committee noted, is often teachers' lack of preparation in being able to provide the kinds of opportunities that make STEM learning more accessible to English learners. This need may be addressed through professional development on the topic.

Another recent report also reveals the general slow progress that English learners are making in education because of the challenges they face. Based on 2017 data and produced by the Office of English Language Acquisition (OELA), it noted, "While ELs have experienced some small gains in reading and mathematics proficiency nationally as well as increases in on-time high school graduation rates, their performance still lags far behind their non-EL peers."

The assessment results examined in this report vary from state to state and depend greatly on the kinds of accommodations made for English learners for those assessments. These results indicate that continued work is needed in developing ways to improve these outcomes.

Because STEM learning is core to many new technologies and jobs in the workplace, it is especially important that schools learn how to connect students with this material earlier, and in a more meaningful way. The inclusion of hands-on activities benefits all students, as does collaboration with local community partners who can help bring STEM learning to life. However, STEM instruction for English learners also requires collaboration between ESL teachers and curriculum administrators, especially when it comes to the development of a STEM vocabulary that helps make such instruction more accessible.

Social-emotional learning also plays a role at making students feel more a part of the school community and learning experience overall. English learners generally want to become more involved in school activities and adapt to the culture. Inclusion in experimentation activities and involvement in community collaboration encourages this. They also generally have a strong motivation to succeed academically so they can build a better life for themselves and their families. Strong STEM instruction provides better opportunities to do just that.

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English language learners need equal access to STEM opportunities, report finds

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According to a recent report by the National Academies of Science, Engineering and Medicine, the population of English learners in schools has grown to about 4.6 million - or about 9.4% of the school age population - and these students need to have equal access to STEM learning opportunities to avoid underrepresentation in the workforce, EdSurge reports.

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This article, by Corey Mitchell, details the important role principals play in the academic trajectory of ELL students. Studies observed the effect classification has on these students. During end-of-year meetings to review progress of ELL students,  decisions are made that determine whether or not students will be admitted to or exited from ESL programs. The article makes two key points about the classification of students:
1) Identifying students as ELL who do not need these services can have a negative impact on the students education due to a reduction in expectations by the classroom teacher.
2) Students who are rightfully identified as ELL are often motivated to catch up with their English-speaking peers.

The article places heavy emphasis on the role a knowledge principal can play in the success of these students.

Mitchell, C. (2019). English-learners and reclassification: Principals play pivotal role, study finds. Education Week. Retrieved from http://blogs.edweek.org/edweek/learning-the-language/2019/02/ell_reclassification_principals_play_pivotal_role.html

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UPDATED
Principals have the power to ensure English-language learners get an equitable education, but many don't realize how much influence they wield, a new study on school leadership concludes.

The study, led by researchers from Michigan State University and Old Dominion University, examined how principals empower or impede equity through their leadership during decisionmaking about English-learner reclassification-the process schools use to determine when, and if, English-learners are deemed proficient in the language and no longer need specialized instruction.

The study's authors, associate professor Madeline Mavrogordato of Michigan State and assistant professor Rachel White of Old Dominion, conducted case studies in eight elementary schools across four school districts in Texas. As part of their research, they observed the end-of-year meetings when committees reviewed English-learner students' files and made reclassification decisions.

Reclassification decisions can shape the academic trajectories of students and the study's authors concluded that "while reclassification policy implementation varied markedly across schools, the level of influence school leaders exert over the process was consistently high."

The authors found that well-informed leaders who have a thorough understanding of policies are better equipped to push for equity to improve the social and academic outcomes for students.

"From an educator's perspective, we like to think of schools as being a place where, if they are being run the right way, that they are absolutely places where social justice happens," Mavrogordato said.

Conversely, the authors concluded that school leaders with only a superficial understanding of policy are less equipped and less likely to reach that standard because they are "more concerned with compliance procedures and are unaware of areas of flexibility that afford opportunities to implement the policy so as to promote equity in education."

Recent research on the benefits and drawbacks of English-learner reclassification has drawn conflicting conclusions.

A 2016 study out of the University of Oregon, led by Ilana Umansky, found that being identified as an English-learner can negatively impact students, especially those who may not need the services, because diminished teacher expectations often accompany the English-learner designation.

In 2017, research from Nami Shin-a research scientist at CRESST, the National Center for Research on Evaluation, Standards & Student Testing at the University of California, Los Angeles-found that being identified as an ELL motivated the students, pushing them to catch up with the initial English-proficient students and native English-speaking peers.

While there remains considerable debate on how and when students should exit from their English-learner status, White said she and Mavrogordato's study should challenge principals who have English-learner students in their schools to do two things: think deeply about policy and "implement it in a way that is meaningful and that's going to result in every single student having an equitable educational experience in that school."

Here's a link to the study, Leveraging Policy Implementation for Social Justice: How School Leaders Shape Educational Opportunity When Implementing Policy for English Learners.
Related Reading English-Language-Learner Reclassification Can Impede Student Growth Does English-Language-Learner Classification Help or Hinder Students? Pre-K Literacy Key to English-Language Learner Reclassification, Study Finds English-Learners and ESSA: Many States are Lowering Academic Goals, Advocates Charge ESSA: Ed. Dept. Releases English-Language-Learner Guidance Many Reclassified ELLs Still Need English-Language Support Photo Credit: Mojdeh Henderson, the principal at Berewick Elementary School in Charlotte, N.C., relies on a team of "first responders" who can handle matters such as student discipline and building issues. The setup allows Henderson to spend the bulk of her time doing things such as classroom observations that are meant to improve instruction. --Chris Keane for Education Week

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English-Learners and Reclassification: Principals Play Pivotal Role, Study Finds

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UPDATED Principals have the power to ensure English-language learners get an equitable education, but many don't realize how much influence they wield, a new study on school leadership concludes.

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Tex. Educ. Code § 29.051 – Statutory - This state law requires the establishment of bilingual and special language programs in public schools as well as providing additional funding for the operation of these programs. This law can be read at https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm#B

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EDUCATION CODE CHAPTER 29. EDUCATIONAL PROGRAMS

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Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School districts may enter into a written contract to jointly operate their special education programs. The contract must be approved by the commissioner. Funds to which the cooperating districts are entitled may be allocated to the districts jointly as shared services arrangement units or shared services arrangement funds in accordance with the shared services arrangement districts' agreement.

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PUB. L. 90-247 (1968) – Statutory - This federal statute is the Bilingual Education Act which was passed in 1968. This law authorizes funding for local school districts to design, implement, and conduct bilingual education programs. This law can be viewed in its original form at   https://www.govinfo.gov/content/pkg/STATUTE-81/pdf/STATUTE-81-Pg783.pdf

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PUB. L. 88-352 (1964) – Statutory - Title VI of the Civil Rights Act of 1964 forbids the exclusion or discrimination in any federally funded program based on race, color, or national origin and would later be utilized to give English Language Learners access to public school. This federal statute can be viewed in its original form at https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg241.pdf

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414 U.S. 563 (1974) – Judicial - The Lau v. Nichols case decided at the Supreme Court ruled that a lack of supplemental language instruction for students with limited language proficiency was not in compliance with the Civil Rights Act of 1964 and requires that all schools provide some type of instruction that accommodates their abilities. This judicial law can be accessed at  https://cdn.loc.gov/service/ll/usrep/usrep414/usrep414563/usrep414563.pdf

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Slide # 10 - Local Administrative Law/Policy/Rule

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Slide # 10 - Local Administrative Law/Policy/Rule

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19 Tex. Admin. Code § 89.1226 details the testing and classification requirements of school districts for ELL students beginning during the 2019-2020 school year. This law was chosen because local school board policy directly aligns with state statutes and administrative code.
http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089bb.html

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Chapter 89. Adaptations for Special Populations
Subchapter BB. Commissioner's Rules Concerning State Plan for Educating English Learners

89.1201. Policy.

(a) It is the policy of the state that every student in the state who has a primary language other than English and who is identified as an English learner shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program, as required in the Texas Education Code (TEC), Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in the TEC, §1.002(a), each school district shall:

(1) identify English learners based on criteria established by the state;

(2) provide bilingual education and ESL programs, as integral parts of the general program as described in the TEC, §4.002;

(3) 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; and

(4) assess achievement for essential knowledge and skills in accordance with the TEC, Chapter 29, to ensure accountability for English learners and the schools that serve them.

(b) The goal of bilingual education programs shall be to enable English learners to become proficient in listening, speaking, reading, and writing in the English language through the development of literacy and academic skills in the primary language and English. Such programs shall emphasize the mastery of English language skills, as well as mathematics, science, and social studies, as integral parts of the academic goals for all students to enable English learners to participate equitably in school.

(c) The goal of ESL programs shall be to enable English learners to become proficient in listening, speaking, reading, and writing in the English language through the integrated use of second language acquisition methods. The ESL program shall emphasize the mastery of English language skills, as well as mathematics, science, and social studies, as integral parts of the academic goals for all students to enable English learners to participate equitably in school.

(d) Bilingual education and ESL programs shall be integral parts of the total school program. Such 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 Skills and the English language proficiency standards required by the state.

Statutory Authority: The provisions of this §89.1201 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1201 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1203. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Bilingual education allotment--An adjusted basic funding allotment provided for each school district based on student average daily attendance in a bilingual education or English as a second language (ESL) program in accordance with Texas Education Code (TEC), §42.153.

(2) Certified English as a second language teacher--The term "certified English as a second language teacher" as used in this subchapter is synonymous with the term "professional transitional language educator" used in TEC, §29.063.

(3) Dual language immersion--A state-approved bilingual program model in accordance with TEC, §29.066.

(4) Dual-language instruction--An educational approach that focuses on the use of English and the student's primary language for instructional purposes.

(5) English as a second language program--A special language program in accordance with TEC, Chapter 29, Subchapter B.

(6) English language proficiency standards (ELPS)--Standards to be published along with the Texas Essential Knowledge and Skills for each subject in the required curriculum outlined in Chapter 74 of this title (relating to Curriculum Requirements), including foundation and enrichment areas, ELPS, and college and career readiness standards.

(7) English learner (EL) --A student who is in the process of acquiring English and has another language as the student's primary or home language. The terms English language learner (ELL) and English learner are used interchangeably and are synonymous with limited English proficient (LEP) student, as used in TEC, Chapter 29, Subchapter B.

(8) Exit--The point when a student is no longer classified as LEP/EL (i.e., the student is reclassified), no longer requires bilingual or ESL program services, and is classified as non-LEP/English proficient (EP) in the Texas Student Data System Public Education Information Management System (TSDS PEIMS). The term "exit" as used in this subchapter is synonymous with the description in TEC, Chapter 29, of "transferring out" of bilingual or special language programming.

(9) Reclassification--The process by which the language proficiency assessment committee determines that an English learner has met the appropriate criteria to be classified as non-LEP/EP and is coded as such in TSDS PEIMS.

(10) School district--For the purposes of this subchapter, the definition of a school district includes a local education agency, an open-enrollment charter school, and a district of innovation.

(11) Prekindergarten--For purposes of this subchapter, prekindergarten describes students enrolled in a 3- or 4-year-old prekindergarten program, as well as 3- or 4-year-old students enrolled in an early education setting.

(12) Alternative language program--A program that meets the affective, linguistic, and cognitive needs of ELs and equips the teacher under a bilingual education or ESL waiver described in §89.1207 of this title (relating to Bilingual Education Exceptions and English as a Second Language Waivers) through the comprehensive professional development plan.

(13) Parent--The term "parent" as used in this subchapter includes the parent or legal guardian of the student in accordance with TEC, §29.052.

Statutory Authority: The provisions of this §89.1203 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1203 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1205. Required Bilingual Education and English as a Second Language Programs.

(a) Each school district that has an enrollment of 20 or more English learners in any language classification in the same grade level district-wide shall offer a bilingual education program as described in subsection (b) of this section for the English learners in prekindergarten through the elementary grades with that language classification. "Elementary grades" shall include at least prekindergarten through Grade 5; sixth grade shall be included when clustered with elementary grades.

(b) A school district required to provide a bilingual education program as described in subsection (a) of this section shall offer dual-language instruction (English and primary language) in prekindergarten through the elementary grades, using one of the four bilingual program models described in §89.1210 of this title (relating to Program Content and Design).

(c) All English learners for whom a school district is not required to offer a bilingual education program shall be provided an English as a second language (ESL) program as described in subsection (d) of this section, regardless of the students' grade levels and primary language, and regardless of the number of such students, except in cases where a district exercises the option described in subsection (g) of this section.

(d) A school district required to provide an ESL program as described in subsection (c) of this section shall provide an ESL program using one of the two models described in §89.1210 of this title.

(e) School districts may join with other school districts to provide bilingual education or ESL programs.

(f) In addition to the required bilingual and/or ESL programs, school districts are authorized to establish a bilingual education program even if they have an enrollment of fewer than 20 English learners in any language classification in the same grade level district-wide and are not required to do so under subsection (a) of this section. Under this authorization, school districts shall adhere to all program requirements as described in §§89.1210 of this title, 89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model), 89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation), and 89.1229 of this title (relating to General Standards for Recognition of Dual Language Immersion Program Models).

(g) In addition to the required bilingual and/or ESL programs, school districts are authorized to establish a bilingual education program at grade levels in which the bilingual education program is not required under subsection (a) of this section. Under this authorization, school districts shall adhere to all program requirements as described in §§89.1210, 89.1227, 89.1228, and 89.1229 of this title.

Statutory Authority: The provisions of this §89.1205 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1205 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1207. Bilingual Education Exceptions and English as a Second Language Waivers.

(a) Bilingual education program.

(1) Exceptions. A school district that is unable to provide a bilingual education program as required by §89.1205(a) of this title (relating to Required Bilingual Education and English as a Second Language Programs) because of an insufficient number of appropriately certified teachers shall request from the commissioner of education an exception to the bilingual education program and the approval of an alternative language program as defined in §89.1203(12) of this title (relating to Definitions). English learners with parental approval for program services under a bilingual education exception will be included in the bilingual education allotment designated for an alternative language program. The approval of an exception to the bilingual education program shall be valid only during the school year for which it was granted. A request for a bilingual education program exception must be submitted by November 1 and shall include:

(A) a statement of the reasons the school district is unable to provide a sufficient number of appropriately certified teachers to offer the bilingual education program with supporting documentation;

(B) a description of the alternative language program and methods to meet the affective, linguistic, and cognitive needs of the English learners, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, English language proficiency standards (ELPS), and college and career readiness standards (CCRS);

(C) an assurance that appropriately certified teachers available in the school district will be assigned to grade levels beginning at prekindergarten followed successively by subsequent grade levels to ensure that the linguistic and academic needs of the English learners with beginning levels of English proficiency are served on a priority basis;

(D) an assurance that the school district will implement a comprehensive professional development plan that:

(i) is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of English learners;

(ii) includes the teachers who are not certified or not appropriately certified who are assigned to implement the proposed alternative language program; and

(iii) may include additional teachers who work with English learners;

(E) an assurance that at least 10% of the total bilingual education allotment shall be used to fund the comprehensive professional development plan required under subparagraph (D) of this paragraph when applying for a bilingual education exception, ESL waiver, or both;

(F) an assurance that the school district will take actions to ensure that the program required under §89.1205(a) of this title will be provided the subsequent year, including its plans for recruiting an adequate number of appropriately certified teachers to eliminate the need for subsequent exceptions and measurable targets for the subsequent year; and

(G) an assurance that the school district shall satisfy the additional reporting requirements described in §89.1265(c) of this title (relating to Evaluation).

(2) Documentation. A school district submitting a bilingual education exception shall maintain written records of all documents supporting the submission and assurances listed in paragraph (1) of this subsection, including:

(A) a description of the proposed alternative language program designed to meet the affective, linguistic, and cognitive needs of the English learners;

(B) the number of teachers for whom a bilingual education exception is needed by grade level and per campus;

(C) a copy of the school district's comprehensive professional development plan; and

(D) a copy of the bilingual allotment budget documenting that a minimum of 10% of the funds were used to fund the comprehensive professional development plan.

(3) Approval of exceptions. Bilingual education program exceptions will be granted by the commissioner if the requesting school district:

(A) meets or exceeds the state average for English learner performance on the required state assessments;

(B) meets the requirements and measurable targets of the action plan described in paragraph (1)(F) of this subsection submitted the previous year and approved by the Texas Education Agency (TEA); or

(C) reduces by 25% the number of teachers under exception for bilingual programs when compared to the number of exceptions granted the previous year.

(4) Denial of exceptions. A school district denied a bilingual education program exception must submit to the commissioner a detailed action plan for complying with required regulations for the following school year.

(5) Appeals. A school district denied a bilingual education program exception may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further.

(6) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under the Texas Education Code (TEC), §39.057, if a school district is denied a bilingual education program exception for more than three consecutive years.

(7) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under the TEC, §39.102.

(b) English as a second language (ESL) program.

(1) Waivers. A school district that is unable to provide an ESL program as required by §89.1205(c) of this title because of an insufficient number of appropriately certified teachers shall request from the commissioner a waiver of the certification requirements for each teacher who will provide instruction in ESL for English learners and the approval of an alternative language program as defined in §89.1203(12) of this title. English learners with parental approval for program services under an ESL waiver will be included in the bilingual education allotment designated for an alternative language program. The approval of a waiver of certification requirements shall be valid only during the school year for which it was granted. A request for an ESL program waiver must be submitted by November 1 and shall include:

(A) a statement of the reasons the school district is unable to provide a sufficient number of appropriately certified teachers to offer the ESL program;

(B) a description of the alternative language program, including the manner in which the teachers in the ESL program will meet the affective, linguistic, and cognitive needs of the English learners, including the manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title to include foundation and enrichment areas, ELPS, and CCRS;

(C) an assurance that appropriately certified teachers available in the school district will be assigned to grade levels beginning at prekindergarten followed successively by subsequent grade levels in the elementary school campus and, if needed, secondary campuses, to ensure that the linguistic and academic needs of the English learners with the lower levels of English proficiency are served on a priority basis;

(D) an assurance that the school district shall implement a comprehensive professional development plan that:

(i) is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of English learners;

(ii) includes the teachers who are not certified or not appropriately certified who are assigned to implement the proposed alternative language program; and

(iii) may include additional teachers who work with English learners;

(E) an assurance that at least 10% of the total bilingual education allotment shall be used to fund the comprehensive professional development plan required under subparagraph (D) of this paragraph when applying for a bilingual education exception, ESL waiver, or both;

(F) an assurance that the school district will take actions to ensure that the program required under §89.1205(c) of this title will be provided the subsequent year, including its plans for recruiting an adequate number of appropriately certified teachers to eliminate the need for subsequent waivers; and

(G) an assurance that the school district shall satisfy the additional reporting requirements described in §89.1265(c) of this title.

(2) Documentation. A school district submitting an ESL waiver shall maintain written records of all documents supporting the submission and assurances listed in paragraph (1) of this subsection, including:

(A) a description of the proposed alternative language program designed to meet the affective, linguistic, and cognitive needs of the English learners;

(B) the name and teaching assignment, per campus, of each teacher who is assigned to implement the ESL program and is under a waiver and the estimated date for the completion of the ESL supplemental certification, which must be completed by the end of the school year for which the waiver was requested;

(C) a copy of the school district's comprehensive professional development plan;

(D) a copy of the bilingual allotment budget documenting that a minimum of 10% of the funds were used to fund the comprehensive professional development plan; and

(E) a description of the actions taken to recruit an adequate number of appropriately certified teachers.

(3) Approval of waivers. ESL waivers will be granted by the commissioner if the requesting school district:

(A) meets or exceeds the state average for English learner performance on the required state assessments; or

(B) meets the requirements and measurable targets of the action plan described in paragraph (1)(G) of this subsection submitted the previous year and approved by the TEA.

(4) Denial of waivers. A school district denied an ESL program waiver must submit to the commissioner a detailed action plan for complying with required regulations for the following school year.

(5) Appeals. A school district denied an ESL waiver may appeal to the commissioner or the commissioner's designee. The decision of the commissioner or commissioner's designee is final and may not be appealed further.

(6) Special accreditation investigation. The commissioner may authorize a special accreditation investigation under the TEC, §39.057, if a school district is denied an ESL waiver for more than three consecutive years.

(7) Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate action under the TEC, §39.102.

Statutory Authority: The provisions of this §89.1207 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1207 adopted to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1210. Program Content and Design.

(a) Each school district required to offer a bilingual education or English as a second language (ESL) program shall provide each English learner the opportunity to be enrolled in the required program at his or her grade level. Each student's level of proficiency shall be designated by the language proficiency assessment committee in accordance with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee). The school district shall accommodate the instruction, pacing, and materials to ensure that English learners have a full opportunity to master the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills and English language proficiency standards (ELPS). Students participating in the bilingual education program may demonstrate their mastery of the essential knowledge and skills in either their primary language or in English for each content area.

(1) A bilingual education program of instruction established by a school district shall be a full-time program of dual-language instruction (English and primary language) that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills under Texas Education Code (TEC), §29.055(a).

(2) An ESL program of instruction established by a school district shall be a program of intensive instruction in English in which ESL teachers recognize and address language differences in accordance with TEC, §29.055(a).

(b) The bilingual education program and ESL program shall be integral parts of the general educational program required under Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, ELPS, and college and career readiness standards. In bilingual education programs, school districts shall purchase instructional materials in both program languages with the district's instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes in accordance with TEC, §31.029(a). Instructional materials for bilingual education programs on the list adopted by the commissioner of education, as provided by TEC, §31.0231, may be used as curriculum tools to enhance the learning process. The school district shall provide for ongoing coordination between the bilingual/ESL program and the general educational program. The bilingual education and ESL programs shall address the affective, linguistic, and cognitive needs of English learners as follows.

(1) Affective.

(A) English learners in a bilingual program shall be provided instruction using second language acquisition methods and/or their primary language to introduce basic concepts of the school environment, and content instruction both in their primary language and in English, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b).

(B) English learners in an ESL program shall be provided instruction using second language acquisition methods in English to introduce basic concepts of the school environment, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to incorporate the students' primary languages and learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b).

(2) Linguistic.

(A) English learners in a bilingual program shall be provided intensive instruction in the skills of listening, speaking, reading, and writing both in their primary language and in English, provided through the ELPS. The instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects.

(B) English learners in an ESL program shall be provided intensive instruction to develop proficiency in listening, speaking, reading, and writing in the English language, provided through the ELPS. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects.

(3) Cognitive.

(A) English learners in a bilingual program shall be provided instruction in language arts, mathematics, science, and social studies both in their primary language and in English, using second language acquisition methods in either their primary language, in English, or in both, depending on the specific program model(s) implemented by the district. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects.

(B) English learners in an ESL program shall be provided instruction in English in language arts, mathematics, science, and social studies using second language acquisition methods. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills.

(c) The bilingual education program shall be implemented through at least one of the following program models.

(1) Transitional bilingual/early exit is a bilingual program model in which students identified as English learners are served in both English and another language and are prepared to meet reclassification criteria to be successful in English-only instruction not earlier than two or later than five years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1), for the assigned grade level and content area. The goal of early-exit transitional bilingual education is for program participants to use their primary language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' primary language along with instruction in English that targets second language development through academic content.

(2) Transitional bilingual/late exit is a bilingual program model in which students identified as English learners are served in both English and another language and are prepared to meet reclassification criteria to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for the assigned grade level and content area. The goal of late-exit transitional bilingual education is for program participants to use their primary language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' primary language along with instruction in English that targets second language development through academic content.

(3) Dual language immersion/one-way is a bilingual/biliteracy program model in which students identified as English learners are served in both English and another language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other than English in this program model is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. Instruction provided in English in this program model may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of one-way dual language immersion is for program participants to attain full proficiency in another language as well as English. This model provides ongoing instruction in literacy and academic content in the students' primary language as well as English, with at least half of the instruction delivered in the students' primary language for the duration of the program.

(4) Dual language immersion/two-way is a bilingual/biliteracy program model in which students identified as English learners are integrated with students proficient in English and are served in both English and another language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other than English in this program model is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061, for the assigned grade level and content area. Instruction provided in English in this program model may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061, for the assigned grade level and content area. The goal of two-way dual language immersion is for program participants to attain full proficiency in another language as well as English. This model provides ongoing instruction in literacy and academic content in English and another language with at least half of the instruction delivered in the non-English program language for the duration of the program.

(d) The ESL program shall be implemented through one of the following program models.

(1) An ESL/content-based program model is an English acquisition program that serves students identified as English learners through English instruction by a teacher appropriately certified in ESL under TEC, §29.061(c), through English language arts and reading, mathematics, science, and social studies. The goal of content-based ESL is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading, mathematics, science, and social studies.

(2) An ESL/pull-out program model is an English acquisition program that serves students identified as English learners through English instruction provided by an appropriately certified ESL teacher under the TEC, §29.061(c), through English language arts and reading. The goal of ESL pull-out is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading. Instruction shall be provided by the ESL teacher in a pull-out or inclusionary delivery model.

(e) Except in the courses specified in subsection (f) of this section, second language acquisition methods, which may involve the use of the students' primary language, may be provided in any of the courses or electives required for promotion or graduation to assist the English learners to master the essential knowledge and skills for the required subject(s). The use of second language acquisition methods shall not impede the awarding of credit toward meeting promotion or graduation requirements.

(f) In subjects such as art, music, and physical education, English learners shall participate with their English-speaking peers in general education classes provided in the subjects. As noted in TEC, §29.055(d), elective courses included in the curriculum may be taught in a language other than English. The school district shall ensure that students enrolled in bilingual education and ESL programs have a meaningful opportunity to participate with other students in all extracurricular activities.

(g) The required bilingual education or ESL program shall be provided to every English learner with parental approval until such time that the student meets reclassification criteria as described in §89.1226(i) of this title (relating to Testing and Classification of Students) or graduates from high school.

Statutory Authority: The provisions of this §89.1210 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1210 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1215. Home Language Survey.

(a) School districts shall administer only one home language survey to each new student enrolling for the first time in a Texas public school in any grade from prekindergarten through Grade 12. School districts shall require that the survey be signed by the student's parent for each student in prekindergarten through Grade 8 or by the student in Grades 9-12 as permitted under the Texas Education Code, §29.056(a)(1). It is the school district's responsibility to ensure that the student's parent understands the language used in the survey and its implications. The original copy of the survey shall be kept in the student's permanent record.

(b) The home language survey shall be provided in English, Spanish, and Vietnamese; for students of other language groups, the home language survey shall be translated into the primary language whenever possible. The home language survey shall elicit one language answer to each of the following questions.

(1) "What language is used in the child's home most of the time?"

(2) "What language does the child use most of the time?"

(c) If the response on the home language survey indicates that a language other than English is used, the student shall be tested in accordance with §89.1226 of this title (relating to Testing and Classification of Students).

(d) For students previously enrolled in a Texas public school, the receiving district shall secure the student records, including the home language survey and language proficiency assessment committee documentation as described in §89.1220(l) of this title (relating to Language Proficiency Assessment Committee), as applicable. All attempts to contact the sending district to request records shall be documented. Multiple attempts to obtain the student's home language survey shall be made.

Statutory Authority: The provisions of this §89.1215 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1215 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1220. Language Proficiency Assessment Committee.

(a) School districts shall by local board policy establish and operate a language proficiency assessment committee. The school district shall have on file policy and procedures for the selection, appointment, and training of members of the language proficiency assessment committee(s).

(b) The language proficiency assessment committee shall include an appropriately certified bilingual educator (for students served through a bilingual education program), an appropriately certified English as a second language (ESL) educator (for students served through an ESL program), a parent of an English learner participating in a bilingual or ESL program, and a campus administrator in accordance with Texas Education Code (TEC), §29.063.

(c) In addition to the three required members of the language proficiency assessment committee, the school district may add other trained members to the committee.

(d) No parent serving on the language proficiency assessment committee shall be an employee of the school district.

(e) A school district shall establish and operate a sufficient number of language proficiency assessment committees to enable them to discharge their duties within four weeks of the enrollment of English learners.

(f) All members of the language proficiency assessment committee, including parents, shall be acting for the school district and shall observe all laws and rules governing confidentiality of information concerning individual students. The school district shall be responsible for the orientation and training of all members, including the parents, of the language proficiency assessment committee.

(g) Upon their initial enrollment and at the end of each school year, the language proficiency assessment committee shall review all pertinent information on all English learners identified in accordance with §89.1226 of this title (relating to Testing and Classification of Students) and shall:

(1) designate the language proficiency level of each English learner in accordance with the guidelines issued pursuant to §89.1226(b)-(f) of this title;

(2) designate the level of academic achievement of each English learner;

(3) designate, subject to parental approval, the initial instructional placement of each English learner in the required program;

(4) facilitate the participation of English learners in other special programs for which they are eligible while ensuring full access to the language program services required under the TEC, §29.053; and

(5) reclassify students, at the end of the school year only, as English proficient in accordance with the criteria described in §89.1226(i) of this title.

(h) The language proficiency assessment committee shall give written notice to the student's parent, advising that the student has been classified as an English learner and requesting approval to place the student in the required bilingual education or ESL program not later than the 10th calendar day after the date of the student's classification in accordance with TEC, §29.056. The notice shall include information about the benefits of the bilingual education or ESL program for which the student has been recommended and that it is an integral part of the school program.

(i) Before the administration of the state criterion-referenced test each year, the language proficiency assessment committee shall determine the appropriate assessment option for each English learner as outlined in Chapter 101, Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments).

(j) Pending parental approval of an English learner's entry into the bilingual education or ESL program recommended by the language proficiency assessment committee, the school district shall place the student in the recommended program. Only English learners with parental approval who are receiving services will be included in the bilingual education allotment.

(k) The language proficiency assessment committee shall monitor the academic progress of each student who has met criteria for reclassification in accordance with TEC, §29.056(g), for the first two years after reclassification. If the student earns a failing grade in a subject in the foundation curriculum under TEC, §28.002(a)(1), during any grading period in the first two school years after the student is reclassified, the language proficiency assessment committee shall determine, based on the student's second language acquisition needs, whether the student may require intensive instruction or should be reenrolled in a bilingual education or ESL program. In accordance with TEC, §29.0561, the language proficiency assessment committee shall review the student's performance and consider:

(1) the total amount of time the student was enrolled in a bilingual education or ESL program;

(2) the student's grades each grading period in each subject in the foundation curriculum under TEC, §28.002(a)(1);

(3) the student's performance on each assessment instrument administered under TEC, §39.023(a) or (c);

(4) the number of credits the student has earned toward high school graduation, if applicable; and

(5) any disciplinary actions taken against the student under TEC, Chapter 37, Subchapter A (Alternative Settings for Behavior Management).

(l) The student's permanent record shall contain documentation of all actions impacting the English learner.

(1) Documentation shall include:

(A) the identification of the student as an English learner;

(B) the designation of the student's level of language proficiency;

(C) the recommendation of program placement;

(D) parental approval of entry or placement into the program;

(E) the dates of entry into, and placement within, the program;

(F) assessment information as outlined in Chapter 101, Subchapter AA, of this title;

(G) additional instructional interventions provided to address the specific language needs of the student;

(H) the date of reclassification and the date of exit from the program with parental approval;

(I) the results of monitoring for academic success, including students formerly classified as English learners, as required under the TEC, §29.063(c)(4); and

(J) the home language survey.

(2) Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner as other student records to another school district in which the student enrolls.

(m) A school district may place or exit a student in a program without written approval of the student's parent if:

(1) the student is 18 years of age or has had the disabilities of minority removed;

(2) the parent provides approval through a phone conversation or e-mail that is documented in writing and retained; or

(3) an adult who the school district recognizes as standing in parental relation to the student provides written approval. This may include a foster parent or employee of a state or local governmental agency with temporary possession or control of the student.

Statutory Authority: The provisions of this §89.1220 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1220 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

§89.1226. Testing and Classification of Students.

(a) The single state-approved English language proficiency test for identification of English learners described in subsection (c) of this section shall be used as part of the standardized, statewide identification process.

(b) Within four weeks of initial enrollment in a Texas school, a student with a language other than English indicated on the home language survey shall be administered the state-approved English language proficiency test for identification as described in subsection (c) of this section and shall be identified as English learners and placed into the required bilingual education or ESL program in accordance with the criteria listed in subsection (f) of this section.

(c) For identifying English learners, school districts shall administer to each student who has a language other than English as identified on the home language survey:

(1) in prekindergarten through Grade 1, the listening and speaking components of the state-approved English language proficiency test for identification; and

(2) in Grades 2-12, the listening, speaking, reading, and writing components of the state-approved English language proficiency test for identification.

(d) School districts that provide a bilingual education program at the elementary grades shall administer a language proficiency test in the primary language of the student who is eligible to be served in the bilingual education program. If the primary language of the student is Spanish, the school district shall administer the Spanish version of the state-approved language proficiency test for identification. If a state-approved language proficiency test for identification is not available in the primary language of the student, the school district shall determine the student's level of proficiency using informal oral language assessment measures.

(e) All of the language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in the language proficiency testing requirements of the test publisher.

(f) For entry into a bilingual education or ESL program, a student shall be identified as an English learner using the following criteria.

(1) In prekindergarten through Grade 1, the student's score(s) from the listening and/or speaking components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.

(2) In Grades 2-12, the student's score(s) from the listening, speaking, reading, and/or writing components on the state-approved English language proficiency test for identification is/are below the level designated for indicating English proficiency.

(g) A student shall be identified as an English learner if the student's ability in English is so limited that the English language proficiency assessment described in subsection (c) of this section cannot be administered.

(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 language proficiency assessment 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).

(i) An English learner may be reclassified as English proficient only at the end of the school year in which a student would be able to participate equally in a general education, all-English instructional program. This determination shall be based upon all of the following:

(1) a proficiency rating on the state-approved English language proficiency test for reclassification that is designated for indicating English proficiency in each the four language domains (listening, speaking, reading, and writing);

(2) passing standard met on the reading assessment instrument under the Texas Education Code (TEC), §39.023(a), or, for students at grade levels not assessed by the aforementioned reading assessment instrument, a score at or above the 40th percentile on both the English reading and the English language arts sections of the state-approved norm-referenced standardized achievement instrument; and

(3) the results of a subjective teacher evaluation using the state's standardized rubric.

(j) An English learner may not be reclassified as English proficient in prekindergarten or kindergarten. A school district must ensure that English learners are prepared to meet academic standards required by the TEC, §28.0211.

(k) An English learner may not be reclassified as English proficient if the language proficiency assessment committee has recommended designated supports or accommodations on the state reading assessment instrument based on the student's second language acquisition needs.

(l) For English learners who are also eligible for special education services, the standardized process for English learner reclassification is followed in accordance with applicable provisions of subsection (i) of this section. However, annual meetings to review student progress and make recommendations for reclassification must be made in all instances by the language proficiency assessment committee in conjunction with the ARD committee in accordance with §89.1230(b) of this title (relating to Eligible Students with Disabilities). Additionally, the language proficiency assessment committee in conjunction with the ARD committee shall implement assessment procedures that differentiate between language proficiency and disabling conditions in accordance with §89.1230(a) of this title.

(m) For an English learner with a significant cognitive disability, the language proficiency assessment committee in conjunction with the ARD committee may determine that the state's English language proficiency assessment for reclassification is not appropriate because of the nature of the student's disabling condition. In these cases, the language proficiency assessment committee in conjunction with the ARD committee may recommend that the student take the state's alternate English language proficiency assessment, determine an appropriate performance standard requirement for reclassification by language domain under subsection (i)(1) of this section, and utilize the results of a subjective teacher evaluation using the state's standardized alternate rubric.

(n) Notwithstanding §101.101 of this title (relating to Group-Administered Tests), all tests used for the purpose of identification, reclassification, and placement of students and approved by the TEA must be re-normed at least every eight years.

Statutory Authority: The provisions of this §89.1226 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1226 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 1, 2019, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1227. Minimum Requirements for Dual Language Immersion Program Model.

(a) A dual language immersion program model shall address all curriculum requirements specified in Chapter 74, Subchapter A, of this title (relating to Required Curriculum) to include foundation and enrichment areas, English language proficiency standards, and college and career readiness standards.

(b) A dual language immersion program model shall be a full-time program of academic instruction in English and another language.

(c) A dual language immersion program model shall provide equitable resources in English and the additional program language whenever possible.

(d) A minimum of 50% of instructional time shall be provided in the language other than English for the duration of the program.

(e) Implementation shall:

(1) begin at prekindergarten or kindergarten, as applicable;

(2) continue without interruption incrementally through the elementary grades; and

(3) consider expansion to middle school and high school whenever possible.

(f) A dual language immersion program model shall be developmentally appropriate and based on current best practices identified in research.

Statutory Authority: The provisions of this §89.1227 issued under the Texas Education Code, §§29.051, 29.053, 29.054, 29.055, 29.056, 29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063, 29.064, and 29.066.

Source: The provisions of this §89.1227 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731.

89.1228. Two-Way Dual Language Immersion Program Model Implementation.

(a) Student enrollment in a two-way dual language immersion program model is optional for English proficient students in accordance with §89.1233(a) of this title (relating to Participation of English Proficient Students).

(b) A two-way dual language immersion program model shall fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability.

(c) A school district implementing a two-way dual language immersion program model shall develop a policy on enrollment and continuation for students in this program model. The policy shall address:

(1) eligibility criteria;

(2) program purpose;

(3) the district's commitment to providing equitable access to services for English learners;

(4) grade levels in which the program will be implemented;

(5) support of program goals as stated in §89.1210 of this title (relating to Program Content and Design); and

(6) expectations for students and parents.

(d) A school district implementing a two-way dual language immersion program model shall obtain written parental approval as follows.

(1) For English learners, written parental approval is obtained in accordance with §89.1240 of this title (relating to Parental Authority and Responsibility).

(2) For English proficient students, written parental approval is obtained through a school district-developed process.

(e) A school district implementing a two-way dual language immersion program model shall determine the appropriate assessment option for program participants as follows.

(1) For English learners, the language proficiency assessment committee shall convene before the administration of the state criterion-referenced test each year to determine the appropriate assessment option for each English learner in accordance with §89.1220(i) of this title (relating to Language Proficiency Assessment Committee).

(2) For English proficient students, the appropriate assessment option for the administration of the state criterion-referenced test each year is determined through a school district-developed process.

Statutory Authority: The provisions of this §89.1228 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1228 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1229. General Standards for Recognition of Dual Language Immersion Program Models.

(a) School recognition. A school district may recognize one or more of its schools that implement an exceptional dual language immersion program model if the school meets all of the following criteria.

(1) The school must meet the minimum requirements stated in §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model).

(2) The school must receive an acceptable performance rating in the state accountability system.

(3) The school must not be identified for any stage of intervention for the district's bilingual and/or English as a second language program under the performance-based monitoring system.

(b) Student recognition. A student participating in a dual language immersion program model or any other state-approved bilingual or ESL program model may be recognized by the program and its local school district board of trustees by earning a performance acknowledgement in accordance with §74.14 of this title (relating to Performance Acknowledgments).

Statutory Authority: The provisions of this §89.1229 issued under the Texas Education Code, §§29.051, 29.053, 29.054, 29.055, 29.056, 29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063, 29.064, and 29.066.

Source: The provisions of this §89.1229 adopted to be effective July 15, 2018, 43 TexReg 4731.

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.

Statutory Authority: The provisions of this §89.1230 issued under the Texas Education Code, §§29.051, 29.053, 29.054, 29.055, 29.056, 29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063, 29.064, and 29.066.

Source: The provisions of this §89.1230 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731.

89.1233. Participation of English Proficient Students.

(a) School districts shall fulfill their obligation to provide required bilingual program services to English learners in accordance with Texas Education Code (TEC), §29.053.

(b) School districts may enroll English proficient students in the bilingual education program or the English as a second language program in accordance with TEC, §29.058.

(c) The number of participating English proficient students shall not exceed 40% of the number of students enrolled in the program district-wide in accordance with TEC, §29.058.

Statutory Authority: The provisions of this §89.1233 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1233 adopted to be effective March 5, 1999, 24 TexReg 1383amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1235. Facilities.

Bilingual education and English as a second language (ESL) programs shall be located in the public schools of the school district with equitable access to all educational resources rather than in separate facilities. In order to provide the required bilingual education or ESL programs, school districts may concentrate the programs at a limited number of facilities within the school district. Recent immigrant English learners shall not remain enrolled in newcomer centers for longer than two years.

Statutory Authority: The provisions of this §89.1235 issued under the Texas Education Code, §§29.051, 29.053, 29.054, 29.055, 29.056, 29.0561, 29.057, 29.058, 29.059, 29.060, 29.061, 29.062, 29.063, 29.064, and 29.066.

Source: The provisions of this §89.1235 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731.

89.1240. Parental Authority and Responsibility.

(a) The parent shall be notified in English and the parent's primary language that their child has been classified as an English learner and recommended for placement in the required bilingual education or English as a second language (ESL) program. The parent shall be provided information describing the bilingual education or ESL program recommended, its benefits to the student, and its being an integral part of the school program to ensure that the parent understands the purposes and content of the program. The entry or placement of a student in the bilingual education or ESL program must be approved in writing by the student's parent in order to have the student included in the bilingual education allotment. The parent's approval shall be considered valid for the student's continued participation in the required bilingual education or ESL program until the student meets the reclassification criteria described in §89.1226(i) of this title (relating to Testing and Classification of Students), the student graduates from high school, or a change occurs in program placement.

(b) The school district shall give written notification to the student's parent of the student's reclassification as English proficient and his or her exit from the bilingual education or ESL program and acquire written approval as required under the Texas Education Code, §29.056(a). Students meeting reclassification requirements may continue in the bilingual education or ESL program with parental approval.

(c) The parent of a student enrolled in a school district that is required to offer bilingual education or ESL programs may appeal to the commissioner of education if the school district fails to comply with the law or the rules. Appeals shall be filed in accordance with Chapter 157 of this title (relating to Hearings and Appeals).

Statutory Authority: The provisions of this §89.1240 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1240 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1245. Staffing and Staff Development.

(a) School districts shall take all reasonable affirmative steps to assign appropriately certified teachers to the required bilingual education and English as a second language (ESL) programs in accordance with the Texas Education Code (TEC), §29.061, concerning bilingual education and ESL program teachers. School districts that are unable to secure a sufficient number of appropriately certified bilingual education and/or ESL teachers to provide the required programs may request activation of the appropriate permits in accordance with Chapter 230 of this title (relating to Professional Educator Preparation and Certification).

(b) School districts that are unable to employ a sufficient number of teachers, including part-time teachers, who meet the requirements of subsection (a) of this section for the bilingual education and ESL programs shall apply on or before November 1 for an exception to the bilingual education program as provided in §89.1207(a) of this title (relating to Bilingual Education Exceptions and English as a Second Language Waivers) or a waiver of the certification requirements in the ESL program as provided in §89.1207(b) of this title as needed.

(c) Teachers assigned to the bilingual education program and/or ESL program may receive salary supplements as authorized by the TEC, §42.153.

(d) School districts may compensate teachers and aides assigned to bilingual education and ESL programs for participation in professional development designed to increase their skills or lead to bilingual education or ESL certification.

(e) The commissioner of education shall encourage school districts to cooperate with colleges and universities to provide training for teachers assigned to the bilingual education and/or ESL programs.

(f) The Texas Education Agency shall develop, in collaboration with education service centers, resources for implementing bilingual education and ESL training programs. The materials shall provide a framework for:

(1) developmentally appropriate bilingual education programs for early childhood through the elementary grades;

(2) affectively, linguistically, and cognitively appropriate instruction in bilingual education and ESL programs in accordance with §89.1210(b)(1)-(3) of this title (relating to Program Content and Design); and

(3) developmentally appropriate programs for English learners identified with multiple needs and/or exceptionalities.

Statutory Authority: The provisions of this §89.1245 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1245 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1250. Required Summer School Programs.

Summer school programs that are provided under the Texas Education Code (TEC), §29.060, for English learners who will be eligible for admission to kindergarten or Grade 1 at the beginning of the next school year shall be implemented in accordance with this section.

(1) Purpose of summer school programs.

(A) English learners shall have an opportunity to receive special instruction designed to prepare them to be successful in kindergarten and Grade 1.

(B) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student.

(C) The program shall address the affective, linguistic, and cognitive needs of the English learners in accordance with §89.1210(b) of this title (relating to Program Content and Design).

(2) Establishment of, and eligibility for, the program.

(A) Each school district required to offer a bilingual or English as a second language (ESL) program in accordance with the TEC, §29.053, shall offer the summer program.

(B) To be eligible for enrollment:

(i) a student must be eligible for admission to kindergarten or to Grade 1 at the beginning of the next school year and must be an English learner; and

(ii) a parent must have approved placement of the English learner in the required bilingual or ESL program following the procedures described in §89.1220(g) of this title (relating to Language Proficiency Assessment Committee) and §89.1226(b)-(f) of this title (relating to Testing and Classification of Students).

(3) Operation of the program.

(A) Enrollment is optional.

(B) The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction.

(C) The student/teacher ratio for the program district-wide shall not exceed 18 to one.

(D) A school district is not required to provide transportation for the summer program.

(E) Teachers shall possess certification as required in the TEC, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).

(F) Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term.

(G) A school district may join with other school districts in cooperative efforts to plan and implement programs.

(H) The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in the TEC, §29.153.

(4) Funding and records for programs.

(A) A school district shall use state and local funds for program purposes.

(i) Available funds appropriated by the legislature for the support of summer school programs provided under the TEC, §29.060, shall be allocated to school districts in accordance with this subsection.

(ii) Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to one. The numbers of students required to earn units shall be established by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available.

(iii) Any school district required to offer the program under paragraph (2)(A) of this subsection that has fewer than 10 students district-wide desiring to participate is not required to operate the program. However, those school districts must document that they have encouraged students' participation in multiple ways.

(iv) Payment to school districts for summer school programs shall be based on units employed. This information must be submitted in a manner and according to a schedule established by the commissioner in order for a school district to be eligible for funding.

(B) A school district shall maintain records of eligibility, attendance, and progress of students.

Statutory Authority: The provisions of this §89.1250 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1250 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

89.1265. Evaluation.

(a) All school districts required to conduct a bilingual education or English as a second language (ESL) program shall conduct an annual evaluation in accordance with Texas Education Code (TEC), §29.053, collecting a full range of data to determine program effectiveness to ensure student academic success. The annual evaluation report shall be presented to the board of trustees before November 1 of each year and the report shall be retained at the school district level in accordance with TEC, §29.062.

(b) Annual school district reports of educational performance shall reflect:

(1) the academic progress in the language(s) of instruction for English learners;

(2) the extent to which English learners are becoming proficient in English;

(3) the number of students who have been reclassified as English proficient; and

(4) the number of teachers and aides trained and the frequency, scope, and results of the professional development in approaches and strategies that support second language acquisition.

(c) In addition, for those school districts that filed in the previous year and/or will be filing a bilingual education exception and/or ESL waiver in the current year, the annual district report of educational performance shall also reflect:

(1) the number of teachers for whom an exception or waiver was/is being filed;

(2) the number of teachers for whom an exception or waiver was filed in the previous year who successfully obtained certification; and

(3) the frequency and scope of a comprehensive professional development plan, implemented as required under §89.1207 of this title (relating to Bilingual Education Exceptions and English as a Second Language Waivers), and results of such plan if an exception and/or waiver was filed in the previous school year.

(d) School districts shall report to parents the progress of their child in acquiring English as a result of participation in the program offered to English learners.

(e) Each school year, the principal of each school campus, with the assistance of the campus level committee, shall develop, review, and revise the campus improvement plan described in the TEC, §11.253, for the purpose of improving student performance for English learners.

Statutory Authority: The provisions of this §89.1265 issued under the Texas Education Code, §§29.051-29.056, 29.0561, 29.057-29.064, and 29.066.

Source: The provisions of this §89.1265 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415.

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Chapter 89. Adaptations for Special Populations Subchapter BB. Commissioner's Rules Concerning State Plan for Educating English Learners 89.1201. Policy. (a) It is the policy of the state that every student in the state who has a primary language other than English and who is identified as an English learner shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program, as required in the Texas Education Code (TEC), Chapter 29, Subchapter B.

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19 Tex. Admin. Code § 247.2 (3)(D) states that an educator shall not deny benefits to any student on the basis of national origin or disability.  National origin can often indicate a student who is a non-English speaker and lack of proficiency does amount to a barrier that places the student at an academic disadvantage. This ethical rule ensures educators take an active role in guaranteeing the inclusion of ELL students.
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Elizaveta Shkurina details on going research and recommendations in her blog post "Successful ESL Program Models". Shkurina outlines research-based methods to developing and implementing an effective ESL program.

Shkurina, E. (2018, August 6). Successful ESL program models. [blog post]. Retrieved from https://blog.youragora.com/how-to-create-a-successful-esl-program

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The past two decades have brought the second largest wave of immigration to the United States. Unfortunately, the states are struggling to keep up. Based on recent data by NPR, researchers found that no matter where they go to school, most ESL students are struggling due to having little or no access to quality instruction.
ESL school administrators are in search of programs, strategies, and practices to keep up with the quickly growing population of students, who need to develop English proficiency while mastering academic content.
ESL programs are at their historical peak of development - which, of course, is a great thing! However, planning and implementing an effective program is no easy task. Program selection and development takes a number of practical considerations, ranging from curriculum research to the availability of resources. That's why we at Your Agora dug into research for the best possible answer to an important question - What makes a successful ESL program?

According to nationwide research analysis, the four fundamental areas of developing an ESL program are:

1. Program planning 3. Student recruitment

2. Curriculum development 4. Program evaluation

We take the success of ESL students very seriously. That's why each area of this guide has been thoroughly researched, using the experience of seasoned administrators, along with the latest academic studies on educational policy, classroom management, and the psychology of learning and staff morale.

We believe that by focusing on these fundamentals, your program will not only take root and grow, but give your students the skills they'll use for life.

Schools may choose from a wide selection of program models that provide instruction and support for ELLs. When selecting a model, school leaders often ask for evidence on the most effective option. However, different models may be appropriate for different settings. It is crucial to recognize and set priorities and goals that are appropriate for your school in particular. For example, each has a different level of student inclusivity into their learning environment - a factor that will most directly influence your students.

Program Models

There are two general types of English language instruction - ESL instruction and bilingual instruction. Unlike bilingual instruction, ESL programs are most often used when the language minority population in a given area represents a variety of languages. The ESL program, which is also more common, accommodates students from different language backgrounds within the same class. Teachers do not need to be proficient in the native language of their student to carry out instruction.

POPI Model (Pull-Out, Push-In)

The POPI model works well in schools that are process-focused, as compared to content-driven. It works by either pulling students out of class for a period of time, or having students receive ESL instruction during their general ed classes.

ESL Pull-Out: ELLs are placed in mainstream classrooms but spend a portion of the day developing their English language skills with specialists, either one-on-one or in small groups.

ESL Pull-In: Students receive instruction during a regular class period and usually receive course credit. They may be grouped for instruction according to their level of English proficiency.

The ESL Resource Center: A variation of the pull-out design, this method brings in students from different classrooms or even schools. The resource center concentrates instruction materials and staff in one location with at least one full-time ESL teacher.

Sheltered Immersion

Otherwise known as Content-based English Instruction, Sheltered Immersion brings English language learning directly into the classroom. ELTs and general ed teachers co- plan instruction, connecting academic content and language learning.

Bilingual Program Models

This model uses the student's native language as part of ESL instruction. These programs are usually implemented in areas with a large number of students from the same background. Students are grouped by their native language. Teachers are required to be proficient in both English and the students' language to carry out instruction.

Transitional Bilingualism

Early-Exit: Instruction in the first language is phased out rapidly, with most students mainstreamed to the regular classroom within the first two years.

Late-Exit: These differ from early-exit programs "primarily in the amount and duration that English is used for instruction as well as the length of time students are to participate in each program." Students remain in the program, receiving nearly half of their instruction in their first language, even after they are classified as fluent in elementary school.

Dual-Language Program

It's crucial to choose an appropriate model and ensure it is well understood by all staff members. Inclusivity plays an important role in whichever you select - make sure give it high priority it as part of your evaluation process.

Developing a curriculum is no easy task. It helps that research has established the basics. According to a study on the n eeds and situation-based ESL curricula, a successful curriculum contains five main stages:

Full understanding of students' needs ensures both curriculum development and improves instruction. Assessing the students' needs leads to finding gaps in knowledge, as well as displaying room for growth through effective and level-appropriate instruction.

The focus of the program determines the purpose, goals and approach that will guide its journey. The basis of the focus should be in literacy, the context in which you program operates, and the needs of your students.

A set of clear desired outcomes, which may cover the areas of Reading, Writing, Listening, and Speaking, should be specific, measurable, and attainable within a set time period. Every successful program keeps tight records of its outcomes and uses them for development purposes.

Integrated assessment allows you to see the results of student learning. The assessment reviews that your program is true to its focus, is effective, and provides flexibility in response to the needs of students and the community. Assessment should reach both classroom and management levels, to promote accountability and encourage progress.

Demonstrated accountability ensures that all staff holds confidence in the program, and are committed to helping students build the skills and knowledge they need. Strengths and weaknesses should always be discussed in an open and constructive manner.

The most important feature of developing an ESL curriculum is determining the teaching methods that are appropriate for the program. According to research on effective ESL teaching methods, the most common models contain the following:

Cooperative learning activities: students work in small groups, sharing experiences while making connections between content and language

Whole-language activities: students use all aspects of language within one activity - speaking, listening, writing and reading

The language-experience approach: students use language experience inside and outside the classroom

Interdisciplinary learning: students combine various study branches for language practice, developing critical thinking skills in different academic contexts

The ultimate ESL classroom combines all four teaching methods for a well-rounded, content-based learning experience. When developing the curriculum, it is crucial to recognize these various methods and ensure that they are effectively integrated into instruction.

International students are moving away from using agents and recruitment firms when searching for an ESL program, taking the selection process into their own hands. The internet has become the preferred method for searching. With the changing marketplace, it is crucial for your school to focus on having a visible digital presence. In particular, social media is an essential element of your school's recruitment strategy.

To effectively attract and convert new prospective students, consider the following steps:

Know your specific audience

Each institution will have its own particular niche audience - local, abroad, or perhaps both. Are you seeking out high school graduates from Vietnam? Do you need to attract parents of elementary students to get their children involved in an ESL camp? Understanding your audience's motivations, concerns, and decision-making behaviors is crucial for creating social media communities for recruitment.

Define the purpose behind your social media

What is it you hope to achieve on social media? Which outcomes matter the most to you? Consider your specific targets and time frames in a realistic and attainable way.

Your goals will define the path which your social media campaigns and overall presence will follow. They are a crucial step in each part of the process - new content, outreach and evaluation.

Create purposeful content

Setting up social media accounts is simple - there are plenty of channels that allow you to present your school in various perspectives. However, attracting and engaging the audience on those platforms with relevant and up-to-date content is quite a bit more work! Consider adding contests, quizzes, student testimonials, and audience-targeted news as part of your purposeful content library.

Invest in social media advertisement

Take advantage of platforms including College Prowler and College Confidential, which are popular among US students for sharing candid thoughts about colleges or the ones they have considered. Other countries have similar platforms for other audiences, as well. For example, in China, students use Chasedream.com for the same purpose. VietAbroader is geared towards helping Vietnamese students find study abroad opportunities. Institutions can consider advertising on such sites, or at the very least, monitoring their brand presence.

Check out our article to learn more about optimizing your school's performance with the help of social media!

Quality ESL Programs: An Administrator's Guide suggests that a management information system helps school administrators in ongoing formative evaluation. For example, the guide cites Stufflebeam's model, which consists of four concurrent steps of evaluation:

Context evaluation: considers different variables within the school, such as the ESL student population, and makes decisions with regards to the site.

Input evaluation: reviews available resources and makes necessary modifications as per results of the context evaluation.

The first two types of evaluation are the foundation for the ongoing need analysis. Needs analysis is important in terms of students' involvement in every phase of the educational process. Studies indicate that it is necessary to know about learners' needs, such as their objectives, language attitudes, expectations from the course and learning habits to support your students and design an efficient curriculum.

The final two steps of evaluation examine the process and the final result, searching for areas deep in the system that may need addressing.

Process evaluation: identifies current problems within the school or a specific program, and reviews the process with which those issues are currently addressed.

Product evaluation: reflects on the reports of final results of the program in a set time period. The results may include student improvement and overall performance.

In Evaluation: A Systematic Approach, experts of evaluation research suggest that administrators should address the following points during any evaluation:
Impact Assessment - Cost-Benefits Assessment - Coverage Assessment - Service Delivery Assessment - Accountancy Assessment - Legal Assessment - Are there provisions for possible legal concerns? Is there appropriate accountability for the program? Did the program deliver the services it promised in high quality and ease of access? How many students did the program serve directly? Are the benefits of the ESL program worth the budget it received, as compared to other programs? Has the program achieved its initial goals?
* Keep in mind that many ESL programs may be subject to an OCR audit, a US Department of Education requirement, which may evaluate your program in accordance to the Civil Rights statute.

You know what a successful program can't go without? An effective, state-of-the-art ESL teaching aid software!

Your Agora combines user-friendly tools and sophisticated software to help teachers and students guide your ESL program on the path of success. Check out the library of teaching materials, such as worksheets and vocabulary lists, auto grading and scheduling, and much more.

Make your ESL program smarter and easier. Your teachers and students will thank you!

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How do you start a successful ESL program? The key factors include selecting the right ESL program model, developing a curriculum that considers effective teaching methods, recruiting students through social media marketing, and evaluating and evolving your program through research-proven methods!

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Slide # 13 - Best Practices for Compliance

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Slide # 13 - Best Practices for Compliance

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What I learned about ELL legal requirements.
National, state, and local laws require that students be given equitable access to education. Language barriers  constitute a burden on students that educators are ethically and legally required to address within their organization, curriculum, and instruction.
The Texas Administrative Code offers the best guidance in terms of legal compliance and practical application of the processes required to provide services to ELL students. This law is adjusted every few years. In order to stay in legal compliance and provide the best educational opportunities to ELL students. Follow this list of recommendations:

1. Make ELL students a priority
2. Evaluate the current capabilities to provide necessary services emphasizing staff qualifications and curriculum alignment.
3. Gather data from the Home Language Survey promptly for accurate identification.
4. Provide useful training to the Language Proficiency Assessment Committee.
5. Build a plan for coordination between the ESL program and regular curriculum.
6. Communicate with parents about their role and benefits of the ESL program.
7. Monitor progress and adjust instruction based on student growth.
8. Annually train teacher on English Language Proficiency Standards (ELPS).
9. Hold annual reviews to determine students growth and possible exit from ESL and bilingual programs.
10. Stay apprised of changing legal requirement published by the Texas Education Agency.