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Mr. Ramiro Esparza is an assistant principal at Da Vinci School for Science and the Arts.

Website: http://www.burnhamwood.org/?page_id=22

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I am excited and honored to serve as the Principal of Da Vinci School for Science & the Arts. I have been fortunate to be part of this great community for the last eleven years. I graduated from the University of Texas at El Paso with a Bachelor's degree in Industrial Engineering and one Master's Degree in Engineering. In addition, I hold an Alternative Teacher Certification for Math 8-12 and a certificate for Engineering Education and Leadership, also granted by the University of Texas at El Paso. I look forward to continuing to work with Dr. Gonzalez, our Superintendent, as well as the rest of our staff, in our efforts to advance the achievement of all the students on our campus. Working together, I am confident that we will continue to provide our students with truly rigorous and enriching school experience. I am proud to be a part of this special and unique community.

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I am excited and honored to serve as the Principal of Da Vinci School for Science & the Arts. I have been fortunate to be part of this great community for the last eleven years. I graduated from the University of Texas at El Paso with a Bachelor's degree in Industrial Engineering and one Master's Degree in Engineering.

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I am currently a secondary teacher with seven years of experience and I have taught students in grades 6th through 12th.  I live in the border town of El Paso, Texas, where we have a large number of English Language Learners. I am pursuing a degree in Educational Leadership and aspire to be an assistant principal and eventually a principal. With this in mind, the perspective of this guide will be of a secondary school administrator.

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The intended audience of this legal guide is secondary school teachers and administrators.

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The topic for this Legal Guide is English Language Learners (ELLs). I chose this topic because each year we are having an influx of ELLs at our campus and I see a growing need to address the topic with both experienced and new teachers.

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Why are ELLs an important topic of discussion for administrators?

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Why are ELLs an important topic of discussion for administrators?

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Mr. Esparza discussed that all students have the right to a successful educational career. We must provide ELL students the best chance to succeed. This impacts schools because the number of ELL students will influence the programs that will be implemented on campus. These programs can include tutoring, peer tutoring, pull-out, English as a Second Language (ESL) courses, etc.

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What are the best practices when it comes to teaching ELLs?

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What are the best practices when it comes to teaching ELLs?

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1. Identify who your students are because it is important to know which students are in need of additional support.
2. Research data on each student and study their Individualized Education Plan (IEP) in order to be familiarized with the types of support they require.
3. Meet with administrators and colleagues to discuss and share ELL strategies to implement in class.

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What are some emerging issues regarding ELLs that educators should know about and will impact our work?

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What are some emerging issues regarding ELLs that educators should know about and will impact our work?

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Mr. Esparza discussed testing. As we have a growing number of ELLs, we will see it reflected in our testing scores. More importantly, ELL students are thrown into the fire right away as they are tested regardless of their English proficiency. This is unfair to the district and the student because it is unrealistic to expect a newcomer to succeed in an all English assessment. This can be detrimental to the students'  morale as they are having to take a test that they will most likely fail due to a language barrier and this can make them think that they are not good enough.

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Colorín Colorado is a website that provides "bilingual, research-based onformation, activities, and advice for educators and families of English Language Learners (ELLs)" (WETA Public Broadcasting, 2019). Here, one can find resources for ELL teaching by grade or state, news headlines, and current information regarding policies and research. The website also offers useful resources for families of ELLs.

Reference:
WETA Public Broadcasting. (2019, December 4). ELL Basics. Colorín Colorado. https://www.colorincolorado.org/ell-basics.

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English language learners are a diverse group of students, with different language, academic, and social-emotional needs. Students who speak the same language or have similar levels of language proficiency may need very different kinds of support to succeed in the classroom.

Learn more about the growing ELL population around the country from these materials, as well as some of the special populations that have unique needs.

What You'll Find in This Section

The first year of working with ELLs can be full of challenges. Fortunately, there are a number of resources to help! Colorín Colorado has compiled this list to help new ELL teachers navigate their experiences in the classroom. These resources may also be helpful for veteran teachers who are new to teaching ELLs.

The following pages contain links to statewide agencies, resources, and organizations focused on English language learners (ELLs).

These resources outline what schools need to know about serving students who are immigrants or children of immigrants. Topics include students' legal rights, social-emotional support, and how immigration policies impact families and schools.

Learn more about how schools and families can collaborate to ensure that ELLs, including those with special needs, have the appropriate support and services to meet their unique needs.

Resource Library

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English language learners are a diverse group of students, with different language, academic, and social-emotional needs. Students who speak the same language or have similar levels of language proficiency may need very different kinds of support to succeed in the classroom.

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English-Learners May Need More Support This Fall. But That Doesn’t Mean They’re Behind

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English-Learners May Need More Support This Fall. But That Doesn’t Mean They’re Behind

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Summary:
* In this article, Najarro (2021) discussed a case study on using English-language learner's (ELL's) native language as a resource to learning English.
* Experts in ELL education state that although ELLs found themselves facing obstacles during remote learning, we must keep in mind that there are some potential benefits to this situation.
* Students may have lost out on opportunities for casual conversations with peers and teachers, however, they gained opportunities to learn other things in their native language.
* Rather than providing remediation for these students, experts suggest that teachers should provide support and scaffolding to get students back on track.
* Formal assessment results from 2019 can be paired with informal assessment results as a way to gather data on student learning.
* Schools can use the gathered data to create support programs such as tutoring and provide students with opportunities to participate in group research to help build their English skills.
* Aside from assessing students holistically, educators should reach out to parents for a better picture of student strengths and weaknesses.
* Parents are an invaluable resource for schools and schools should make every effort to ensure that information is provided to parents in their native language so that they are well aware of what is going on at school.
* Additionally, experts advise that student social-emotional states need to be addressed and support should be provided for them.
* All in all, it is essential that educators and families work together to ensure students are receiving adequate support.

Reference:
Najarro, I. (2021, June 22). English-Learners May Need More Support This Fall. But That Doesn’t Mean They’re Behind. Education Week. https://www.edweek.org/teaching-learning/english-learners-may-need-more-support-this-fall-but-that-doesnt-mean-theyre-behind/2021/06.

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The country's 5 million English-language learner-students-three-quarters of whom speak Spanish as their home language, federal data show-faced unique challenges during the periods of remote schooling last year. But, experts say, it's important to remember being immersed in their families' languages and cultures also offered some potential benefits for this group.

COVID-19 had a disproportionate negative impact on the nation's communities of color, including Hispanics, in terms of health and finances. And a federal government report from last year found that some English-learners had limited access to computers and the internet, complicating their remote learning experience.

While learning through screens, these students often found themselves with less time for casual conversations with their teachers and peers, causing some to worry their English skills might regress.

But as teachers plan out the next school year for English-learners, Amaya Garcia, deputy director of preK-12 education at the think tank New America said, there are ways to ensure these students are properly supported moving forward.

"We don't want kids to, because the teacher assumes that they lost a lot of English, end up in sort of this more remedial situation where they're trying to teach them English again in ways that aren't that effective," Garcia said. "We would want for that kid to be getting language-rich content, like learning language within the content, not learning language in sort of isolation where I'm sitting there teaching grammar and teaching you kind of the rules."

For this story, Education Week spoke with over a dozen instructional experts, teachers, coaches, and parents about what English-learners need next school year and how schools can support them. Representing their reflections and insights is "Ana," a composite English-learner returning to full-time in-person instruction in the fall.

Where things stand for Ana

Ana was in 3rd grade working on improving her reading and writing in English when she suddenly found herself spending much more time in her mostly Spanish-speaking home. She no longer had the traditional opportunities to practice both academic and non-academic English as she normally would have on a school campus, where she could easily ask for help whenever she struggled with her reading, for instance. She also had to juggle classes with helping take care of her younger siblings.

Plus, her community was hit harder by the coronavirus' spread, with neighbors falling ill and some dying. Due to school closures and safety restrictions, she didn't take a formal language proficiency assessment in the spring of 2020.

But Ana did make important gains over her year at home: She picked up more advanced Spanish vocabulary from the time spent with her family, particularly when her grandmother would tell her stories in Spanish, and she mastered new technology tools.

As she steps into a new grade this fall, her teachers will have to sort out just how big an impact the remote setting had on her English-language proficiency progress, and how to incorporate the silver linings that emerged over the past year into their teaching plans.

What teachers of English-learners can do

To begin to address Ana's needs, experts and educators alike say the right mindset is key. Namely, her teachers shouldn't make assumptions on how much or how little she progressed in English.

Most importantly, they should not immediately jump to a remediation approach.

What English-learners "need is the scaffolding and the support to get them back where they once were, and to continue progressing," said Barbara Lora, an English-language acquisition coach in the bilingual department at the Brockton school district in Massachusetts.

Teachers should use what formal data are available-in some cases that will be assessment results from 2019. They should pair that with informal assessment results collected over the last year.

For instance, at the Center City public charter schools in Washington D.C., each English-learner gets an individualized plan. Teachers mark on a grid where the student is currently performing in each language domain (listening, speaking, reading, and writing) and set goals for them. Teachers then design instruction based on the plan keeping in mind grade-level content and needed language-developmental structures, said Alicia Passante, ESL program manager for the school system.

But when sorting out how much catching up needs to be done for a student like Ana, instruction must still be rigorous. She should be exposed to all the same content as her grade-level peers.

Garcia, with New America, also points to summer, after-school, and tutoring programs as ways to boost English skills. Some of these programs are designed to continue what happens in the classroom and extend it. Group research and writing projects can give English-learners the chance to work together and learn more vocabulary.

The Dearborn public schools district in Michigan, for instance, is running a "super summer school program" for K-12 grades, during which English-learners and others will get some re-teaching and some front-loading of academics for the next grade, but also an introduction back into a regular physical classroom environment, said Rose Aldubaily, director of EL and compensatory education for the district.

English-learners in particular need explicit supports where they use their language to process their understanding of a topic and learn from and with others, said Steven Weiss, senior researcher at Understanding Language-Center to Support Excellence in Teaching at Stanford University.

Jigsaw reading, for instance, can help. In that cooperative learning activity, small groups of students work together to each become an expert in one part of a topic, and then teach each other what they know.

Teachers should also spend some time assessing students like Ana holistically, both in terms of gains and losses made in the last year, with careful attention to proficiency in the student's home language.

For instance, Angelica, a mother in San Antonio, Texas, who asked to only be identified by her first name, said that while her 8-year-old son still can't read in English, she taught him to read in Spanish this past year after she quit her job to help her three children with remote learning. To find out what exactly happened last year in terms of home language learning for students, schools need to ensure parents like Angelica weigh in on what support students need.

Educators and experts alike emphasized how the stronger a student is in one language, the stronger they'll be in another. But the considerations are different for newcomer English-learners who may lack proficiency even in their home language, as Maria Garcia, an EL teacher at Alice Deal Middle School in the District of Columbia has found. (Amaya and Maria Garcia, both quoted, are sisters.)

Her school has a fair number of newcomer Spanish-speaking students with low literacy rates in their native language, so it's designing a new literacy intervention course that will be taught in Spanish for the fall, she said.

Newcomer students that came into school during the pandemic will likely face a culture shock in the fall. Last year, many were trying to navigate classes and get to know people through computers while speaking no English, she added. So teachers have to be deliberate in providing opportunities for them to build relationships at school.

For a full picture of a student's performance over the last year, including an understanding of major changes that happened in their home life, which plays into academic performance, schools will need to be diligent about reaching out to parents for their insight and help. Ana's parents for instance, can share that Ana learned many new recipes while at home, so her teachers can relate measurements to other math learning, thereby incorporating her cultural learning in the classroom.

Insights for all teachers

In some cases, the pandemic exposed how little connection districts had with parents of English-learners.

Parents like Virginia Ramirez in Porterville, Calif., whose children were once in an English-learner program, urge schools to think about language barriers that may prevent parents from better advocating for their children's needs and helping teachers contextualize their children's progress. She added that it's also on parents to seek out resources for their children.

"All schools I think do an open house at the start of the year, so in that meeting they should tell parents it's very important to go to meetings because they will learn this and that," Ramirez said. "But it's also very important they do it in two languages, Spanish and English, because many times it's only in English, and as Latino parents we don't know what they're doing or saying, and we're uninformed."

Parents and educators spoke of how that bridge-building needs to continue throughout. Outreach examples can include translating school websites and all documents that get sent home.

Collaboration between general education teachers and specialized English-learner teachers that happened virtually in the past year should also continue to ensure proper support for the student.

And teachers should keep using technology that proved effective during remote learning when they're back this fall. Garcia at Alice Deal, for instance, enjoyed using an online platform where students could submit assignments and see her feedback, including whatever feedback she gave their peers: Students could learn from their classmates' work as well and it allowed her to emphasize revision and model learning as a work in progress.

But above all, educators and experts also hope schools can address student's social-emotional well-being, especially those who will return with trauma from losing loved ones to the virus, losing their homes, and the struggles associated with a remote and hybrid year of school.

At Alice Deal, for instance, students are put in an advisory with a teacher that speaks their native language whenever possible, to allow for more social-emotional supports.

Wellness checks should extend to students' families, said Lora of the Brockton district. She advises teachers to take the first few weeks of the transition into the new school year to build relationships with English-learners' families.

"Once families trust you enough to have difficult conversations about what's going on at home-once you are humble, as an educator, enough to recognize that we're not in this by ourselves, and that we do need parents, even if they don't speak English, that we can't do this job by ourselves, that it is a village approach that we need-then everything else will sort of fall into place a little easier," Lora said.

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English-Learners May Need More Support This Fall. But That Doesn't Mean They're Behind

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The country's 5 million English-language learner-students-three-quarters of whom speak Spanish as their home language, federal data show-faced unique challenges during the periods of remote schooling last year. But, experts say, it's important to remember being immersed in their families' languages and cultures also offered some potential benefits for this group.

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Schools in 35 States Offer Dual-Language Programs

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Schools in 35 States Offer Dual-Language Programs

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Summary:
* In this article, Mitchell (2020) discusses the state of dual-language programs in the United States.
* According to data posted in 2017 by the United States Department of Education, dual-language education is offered in 18 languages in 35 states here in the U.S.
* The time spent on instruction in each language (English and a second language) changes from program to program.
* The most common language spoken by English-language learners (ELLs) in these programs is Spanish and it is the most common language taught.
* Arabic is the second most common, however, it is only offered in two states.
* As of the time this information was published, fifteen states reported to not offer dual-language programs in schools.

Reference:
Mitchell, C. (2020, January 21). Schools in 35 States Offer Dual-Language Programs. Education Week. https://www.edweek.org/teaching-learning/schools-in-35-states-offer-dual-language-programs/2020/01.

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By Corey Mitchell - January 21, 2020 1 min read

Schools now offer dual-language education in 18 languages, according to newly released 2016-17 data from the U.S. Department of Education.

The report lists states that offered programs in each language during the 2016-17 school year. In dual classes, teachers split instruction time between English and the target language, though the balance of time spent teaching in each language can vary from program to program.

Spanish, by far the most common home or first language of the nation's English-language-learner students, topped the list with 30 states. But the home languages of English-learners are not always the most popular choices for dual-language programs. The percentage of Arabic-speaking English-learners, the second-largest group in U.S. schools, has increased 75 percent over the past eight years to 122,000. Yet, only two states reported offering dual-language programs in Arabic.

Fifteen states reported that they have no schools that offer dual-language programs.

Corey Mitchell was an associate editor who covered special education, English-language learners and other special populations.

A version of this article appeared in the January 22, 2020 edition of Education Week as Schools in 35 States Offer Dual-Language Programs

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Events

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Schools in 35 States Offer Dual-Language Programs

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By Corey Mitchell - January 21, 2020 1 min read Schools now offer dual-language education in 18 languages, according to newly released 2016-17 data from the U.S. Department of Education. The report lists states that offered programs in each language during the 2016-17 school year.

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Summary:
* In this case, it was unanimously decided that it was a violation of the Civil Rights Act of 1964 to not offer supplemental language instruction in public school for students with limited English proficiency.
* A school district that was provided funds by the government must provide instructional support to students with limited English proficiency.
* Soon after this decision, the Equal Educational Opportunities Act (1974) was passed indicating that denying equal educational opportunities to any individual by, among other things, failing to provide language support was prohibited.

Reference:
Lau v. Nichols, 414 U.S. 563 (1974).  https://tile.loc.gov/storage-services/service/ll/usrep/usrep414/usrep414563/usrep414563.pdf

Equal Educational Opportunities Act, 20 U.S.C  §  1702 (1974). https://www.govinfo.gov/content/pkg/USCODE-2010-title20/pdf/USCODE-2010-title20-chap39-subchapI-part2-sec1703.pdf

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Summary:
*The Every student Succeeds Act of 2015 (ESSA), repalced the controversial No Child Left Behind Act of 2001.
* Some of the things that changed with this act include a more flexible framework provided to states, states consider more than test scores when evaluating schools, states and districts must have a plan for struggling students, parent involvement is encouraged among other changes.
* Under ESSA, states have a bigger role in school accountability.

Reference:
Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.govinfo.gov/content/pkg/BILLS-114s1177enr/pdf/BILLS-114s1177enr.pdf.

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Every Student Succeeds Act (ESSA) | U.S. Department of Education

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Summary:
*  The Da Vinci School for Science and the Arts Parent-Student Handbook (2018) states that the school offers English as a Second Language (ESL) services for English language learners (ELLs) who have limited English proficiency.
*Said program will provide support with the development of English skills in listening, writing, reading, and speaking.
* Students are assessed with the state-approved Oral Language Proficiency and Norm-Referenced Test.
* If a student qualifies for the program, parent approval will be required to enroll the student.
* A student that is enrolled in the district's ESL program cannot be exited in the pre-kindergarten through first grade.
* When a student is able to demonstrate mastery of all-English instructional programs and assessments, he or she may be exited from the program.
* Once a student is exited from a program he or she re-enrolled if it is determined that he or she has a low English proficiency.

Reference: Da Vinci School for Science and the Arts (2018). Parent - Student Handbook

[PDF]. El Paso, TX: Da Vinci School for Science and the Arts. http://www.burnhamwood.org/wp-content/uploads/documents/el-paso-education-initiative/school-policies/parent-student-handbook/parent-student-handbook2017.pdf

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" (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"

English-language learners have a right to a quality education no matter what their English proficiency level is. As stated in the code of ethics above, it is our duty to ensure that these students are included and granted participation in educational programs.

Reference:
19 Tex. Admin. Code § 247.2 (2018). 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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When my parents brought me to the United States at the age of five, I did not speak any English nor had I been exposed to the language. The context of the laws mentioned here allowed me to understand how they all work together to ensure that we are all provided with equal educational opportunities. Although the laws are from different sources and from federal, state, or local levels, many of them essentially state the same thing: all children, including those who like five-year-old me don't speak English, are entitled to the same educational opportunities.

More than anything, I feel thankful for these laws that made my education possible. Among other laws, the laws that are mentioned here ensured that I received adequate instruction that allowed me to develop my English skills. With the support I received throughout my educational journey, I was able to get to where I am now.

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Summary:
* Article 7 of the Texas Constitution requires that all children living in the United States have the right to a attend a free public school.
* Students cannot be denied education based on their race, ethnicity, gender, citizenship or economic background.

Reference:
The Texas Constitution (Tex.
Const. art. 7, § 5). https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

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THE TEXAS CONSTITUTION



ARTICLE 7. EDUCATION



Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.


(Feb. 15, 1876.)


Sec. 2. PERMANENT SCHOOL FUND. All funds, lands and other property heretofore set apart and appropriated for the support of public schools; all the alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or other corporations of any nature whatsoever; one half of the public domain of the State; and all sums of money that may come to the State from the sale of any portion of the same, shall constitute a permanent school fund.


(Feb. 15, 1876. Amended Nov. 8, 2011)


Sec. 2A. RELEASE OF STATE CLAIM TO CERTAIN LANDS AND MINERALS WITHIN SHELBY, FRAZIER, AND MCCORMICK LEAGUE AND IN BASTROP COUNTY. (a) The State of Texas hereby relinquishes and releases any claim of sovereign ownership or title to an undivided one-third interest in and to the lands and minerals within the Shelby, Frazier, and McCormick League (now located in Fort Bend and Austin counties) arising out of the interest in that league originally granted under the Mexican Colonization Law of 1823 to John McCormick on or about July 24, 1824, and subsequently voided by the governing body of Austin's Original Colony on or about December 15, 1830.


(b) The State of Texas relinquishes and releases any claim of sovereign ownership or title to an interest in and to the lands, excluding the minerals, in Tracts 2-5, 13, 15-17, 19-20, 23-26, 29-32, and 34-37, in the A. P. Nance Survey, Bastrop County, as said tracts are:


(1) shown on Bastrop County Rolled Sketch No. 4, recorded in the General Land Office on December 15, 1999; and


(2) further described by the field notes prepared by a licensed state land surveyor of Travis County in September through November 1999 and May 2000.


(c) Title to such interest in the lands and minerals described by Subsection (a) is confirmed to the owners of the remaining interests in such lands and minerals. Title to the lands, excluding the minerals, described by Subsection (b) is confirmed to the holder of record title to each tract. Any outstanding land award or land payment obligation owed to the state for lands described by Subsection (b) is canceled, and any funds previously paid related to an outstanding land award or land payment obligation may not be refunded.


(d) The General Land Office shall issue a patent to the holder of record title to each tract described by Subsection (b). The patent shall be issued in the same manner as other patents except that no filing fee or patent fee may be required.


(e) A patent issued under Subsection (d) shall include a provision reserving all mineral interest in the land to the state.


(f) This section is self-executing.


(Added Nov. 2, 1993; amended Nov. 6, 2001.)


Sec. 2B. AUTHORITY TO RELEASE STATE'S INTEREST IN CERTAIN PERMANENT SCHOOL FUND LAND HELD BY PERSON UNDER COLOR OF TITLE. (a) The legislature by law may provide for the release of all or part of the state's interest in land, excluding mineral rights, if:


(1) the land is surveyed, unsold, permanent school fund land according to the records of the General Land Office;


(2) the land is not patentable under the law in effect before January 1, 2002; and


(3) the person claiming title to the land:


(A) holds the land under color of title;


(B) holds the land under a chain of title that originated on or before January 1, 1952;


(C) acquired the land without actual knowledge that title to the land was vested in the State of Texas;


(D) has a deed to the land recorded in the appropriate county; and


(E) has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency.


(b) This section does not apply to:


(1) beach land, submerged or filled land, or islands; or


(2) land that has been determined to be state-owned by judicial decree.


(c) This section may not be used to:


(1) resolve boundary disputes; or


(2) change the mineral reservation in an existing patent.


(Added Nov. 6, 2001; Subsec. (d) expired Jan. 2, 2002.)


Sec. 2C. RELEASE OF STATE CLAIM TO CERTAIN LANDS IN UPSHUR AND SMITH COUNTIES. (a) Except as provided by Subsection (b) of this section, the State of Texas relinquishes and releases any claim of sovereign ownership or title to an interest in and to the tracts of land, including mineral rights, described as follows:


Tract 1:


The first tract of land is situated in Upshur County, Texas, about 14 miles South 30 degrees east from Gilmer, the county seat, and is bounded as follows: Bound on the North by the J. Manning Survey, A-314 the S.W. Beasley Survey A-66 and the David Meredith Survey A-315 and bound on the East by the M. Mann Survey, A-302 and by the M. Chandler Survey, A-84 and bound on the South by the G. W. Hooper Survey, A-657 and by the D. Ferguson Survey, A-158 and bound on the West by the J. R. Wadkins Survey, A-562 and the H. Alsup Survey, A-20, and by the W. Bratton Survey, A-57 and the G. H. Burroughs Survey, A-30 and the M. Tidwell Survey, A-498 of Upshur County, Texas.


Tract 2:


The second tract of land is situated in Smith County, Texas, north of Tyler and is bounded as follows: on the north and west by the S. Leeper A-559, the Frost Thorn Four League Grant A-3, A-9, A-7, A-19, and the H. Jacobs A-504 and on the south and east by the following surveys: John Carver A-247, A. Loverly A-609, J. Gimble A-408, R. Conner A-239, N.J. Blythe A-88, N.J. Blythe A-89, J. Choate A-195, Daniel Minor A-644, William Keys A-527, James H. Thomas A-971, Seaborn Smith A-899, and Samuel Leeper A-559.


(b) This section does not apply to:


(1) any public right-of-way, including a public road right-of-way, or related interest owned by a governmental entity;


(2) any navigable waterway or related interest owned by a governmental entity; or


(3) any land owned by a governmental entity and reserved for public use, including a park, recreation area, wildlife area, scientific area, or historic site.


(c) This section is self-executing.


(Added Nov. 8, 2005.)


Sec. 3. TAXES FOR BENEFIT OF SCHOOLS; PROVISION OF FREE TEXT BOOKS; SCHOOL DISTRICTS. (a) One-fourth of the revenue derived from the State occupation taxes shall be set apart annually for the benefit of the public free schools.


(b) It shall be the duty of the State Board of Education to set aside a sufficient amount of available funds to provide free text books for the use of children attending the public free schools of this State.


(c) Should the taxation herein named be insufficient the deficit may be met by appropriation from the general funds of the State.


(d) The Legislature may provide for the formation of school districts by general laws, and all such school districts may embrace parts of two or more counties.


(e) The Legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts and for the management and control of the public school or schools of such districts, whether such districts are composed of territory wholly within a county or in parts of two or more counties, and the Legislature may authorize an additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and for the erection and equipment of school buildings therein; provided that a majority of the qualified voters of the district voting at an election to be held for that purpose, shall approve the tax.


(Feb. 15, 1876. Amended Aug. 14, 1883, Nov. 3, 1908, Aug. 3, 1909, Nov. 5, 1918, Nov. 2, 1920, Nov. 2, 1926, and Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 3: See Appendix, Note 1.)


Sec. 3a. (Repealed Aug. 5, 1969.)


Sec. 3-b. INDEPENDENT SCHOOL DISTRICT AND JUNIOR COLLEGE DISTRICT TAXES AND BONDS NOT AFFECTED BY CHANGES IN BOUNDARIES. No tax for the maintenance of public free schools voted in any independent school district and no tax for the maintenance of a junior college voted by a junior college district, nor any bonds voted in any such district, but unissued, shall be abrogated, cancelled or invalidated by change of any kind in the boundaries thereof. After any change in boundaries, the governing body of any such district, without the necessity of an additional election, shall have the power to assess, levy and collect ad valorem taxes on all taxable property within the boundaries of the district as changed, for the purposes of the maintenance of public free schools or the maintenance of a junior college, as the case may be, and the payment of principal of and interest on all bonded indebtedness outstanding against, or attributable, adjusted or allocated to, such district or any territory therein, in the amount, at the rate, or not to exceed the rate, and in the manner authorized in the district prior to the change in its boundaries, and further in accordance with the laws under which all such bonds, respectively, were voted; and such governing body also shall have the power, without the necessity of an additional election, to sell and deliver any unissued bonds voted in the district prior to any such change in boundaries, and to assess, levy and collect ad valorem taxes on all taxable property in the district as changed, for the payment of principal of and interest on such bonds in the manner permitted by the laws under which such bonds were voted. In those instances where the boundaries of any such independent school district are changed by the annexation of, or consolidation with, one or more whole school districts, the taxes to be levied for the purposes hereinabove authorized may be in the amount or at not to exceed the rate theretofore voted in the district having at the time of such change the greatest scholastic population according to the latest scholastic census and only the unissued bonds of such district voted prior to such change, may be subsequently sold and delivered and any voted, but unissued, bonds of other school districts involved in such annexation or consolidation shall not thereafter be issued.


(Added Nov. 6, 1962; amended Nov. 8, 1966.)


Sec. 4. SALE OF PERMANENT SCHOOL FUND LANDS; INVESTMENT OF PROCEEDS. The lands herein set apart to the Permanent School fund, shall be sold under such regulations, at such times, and on such terms as may be prescribed by law; and the Legislature shall not have power to grant any relief to purchasers thereof. The proceeds of such sales must be used to acquire other land for the Permanent School fund as provided by law or the proceeds shall be invested by the comptroller of public accounts, as may be directed by the Board of Education herein provided for, in the bonds of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as may be prescribed by law; and the State shall be responsible for all investments.


(Feb. 15, 1876. Amended Aug. 14, 1883, Nov. 5, 1985, Nov. 7, 1995, and Nov. 8, 2011.)


Sec. 4A. (Repealed Nov. 6, 2001.)


(TEMPORARY TRANSITION PROVISION for Sec. 4A: See Appendix, Note 3.)


Sec. 4B. DONATION OF REAL PROPERTY BY INDEPENDENT SCHOOL DISTRICT FOR HISTORICAL PRESERVATION. (a) The legislature by general law may authorize the board of trustees of an independent school district to donate district real property and improvements formerly used as a school campus for the purpose of preserving the improvements.


(b) A law enacted under this section must provide that before the board of trustees may make the donation, the board must determine that:


(1) the improvements have historical significance;


(2) the transfer will further the preservation of the improvements; and


(3) at the time of the transfer, the district does not need the real property or improvements for educational purposes.


(Added Nov. 6, 2001.)


Sec. 5. PERMANENT SCHOOL FUND AND AVAILABLE SCHOOL FUND: COMPOSITION, MANAGEMENT, USE, AND DISTRIBUTION. (a) The permanent school fund consists of all land appropriated for public schools by this constitution or the other laws of this state, other properties belonging to the permanent school fund, and all revenue derived from the land or other properties. The available school fund consists of the distributions made to it from the total return on all investment assets of the permanent school fund, the taxes authorized by this constitution or general law to be part of the available school fund, and appropriations made to the available school fund by the legislature. The total amount distributed from the permanent school fund to the available school fund:


(1) in each year of a state fiscal biennium must be an amount that is not more than six percent of the average of the market value of the permanent school fund, excluding real property belonging to the fund that is managed, sold, or acquired under Section 4 of this article, but including discretionary real assets investments and cash in the state treasury derived from property belonging to the fund, on the last day of each of the 16 state fiscal quarters preceding the regular session of the legislature that begins before that state fiscal biennium, in accordance with the rate adopted by:


(A) a vote of two-thirds of the total membership of the State Board of Education, taken before the regular session of the legislature convenes; or


(B) the legislature by general law or appropriation, if the State Board of Education does not adopt a rate as provided by Paragraph (A) of this subdivision; and


(2) over the 10-year period consisting of the current state fiscal year and the nine preceding state fiscal years may not exceed the total return on all investment assets of the permanent school fund over the same 10-year period.


(b) The expenses of managing permanent school fund land and investments shall be paid by appropriation from the permanent school fund.


(c) The available school fund shall be applied annually to the support of the public free schools. Except as provided by this section, the legislature may not enact a law appropriating any part of the permanent school fund or available school fund to any other purpose. The permanent school fund and the available school fund may not be appropriated to or used for the support of any sectarian school. The available school fund shall be distributed to the several counties according to their scholastic population and applied in the manner provided by law.


(d) The legislature by law may provide for using the permanent school fund to guarantee bonds issued by school districts or by the state for the purpose of making loans to or purchasing the bonds of school districts for the purpose of acquisition, construction, or improvement of instructional facilities including all furnishings thereto. If any payment is required to be made by the permanent school fund as a result of its guarantee of bonds issued by the state, an amount equal to this payment shall be immediately paid by the state from the treasury to the permanent school fund. An amount owed by the state to the permanent school fund under this section shall be a general obligation of the state until paid. The amount of bonds authorized hereunder shall not exceed $750 million or a higher amount authorized by a two-thirds record vote of both houses of the legislature. If the proceeds of bonds issued by the state are used to provide a loan to a school district and the district becomes delinquent on the loan payments, the amount of the delinquent payments shall be offset against state aid to which the district is otherwise entitled.


(e) The legislature may appropriate part of the available school fund for administration of a bond guarantee program established under this section.


(f) Notwithstanding any other provision of this constitution, in managing the assets of the permanent school fund, the State Board of Education may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of investment, including investments in the Texas growth fund created by Article XVI, Section 70, of this constitution, that persons of ordinary prudence, discretion, and intelligence, exercising the judgment and care under the circumstances then prevailing, acquire or retain for their own account in the management of their affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.


(g) Notwithstanding any other provision of this constitution or of a statute, the State Board of Education, the General Land Office, or another entity that has responsibility for the management of revenues derived from permanent school fund land or other properties may, in its sole discretion and in addition to other distributions authorized under this constitution or a statute, distribute to the available school fund each year revenue derived during that year from the land or properties, not to exceed $600 million by each entity each year.


(Feb. 15, 1876. Amended Aug. 11, 1891, and Nov. 3, 1964; Subsec. (a) amended and (b) and (c) added Nov. 8, 1983; Subsec. (d) added Nov. 8, 1988; Subsec. (b) amended Nov. 7, 1989; Subsec. (a) amended, a new (b) added, a portion of (a) redesignated as (c), former (b) and (c) amended, former (b)-(d) redesignated as (d)-(f), and (g) and (h) added Sept. 13, 2003; former Subsec. (g) and Subsec. (h) expired Dec. 1, 2006; Subsec. (a) amended and current Subsec. (g) added Nov. 8, 2011; Subsec. (g) amended Nov. 5, 2019.)


Sec. 6. COUNTY SCHOOL LANDS AND PROCEEDS OF SALES HELD AS SCHOOL TRUST. All lands heretofore, or hereafter granted to the several counties of this State for educational purposes, are of right the property of said counties respectively, to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell or dispose of its lands in whole or in part, in manner to be provided by the Commissioners Court of the county. Said lands, and the proceeds thereof, when sold, shall be held by said counties alone as a trust for the benefit of public schools therein; said proceeds to be invested in bonds of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as may be prescribed by law; and the counties shall be responsible for all investments; the interest thereon, and other revenue, except the principal shall be available fund.


(Feb. 15, 1876. Amended Aug. 14, 1883, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 6: See Appendix, Note 3.)


Sec. 6a. COUNTY AGRICULTURAL OR GRAZING SCHOOL LAND SUBJECT TO TAX. All agriculture or grazing school land mentioned in Section 6 of this article owned by any county shall be subject to taxation except for State purposes to the same extent as lands privately owned.


(Added Nov. 2, 1926.)


Sec. 6b. COUNTY PERMANENT SCHOOL FUND: REDUCTION AND DISTRIBUTION. Notwithstanding the provisions of Section 6, Article VII, Constitution of the State of Texas, any county, acting through the commissioners court, may reduce the county permanent school fund of that county and may distribute the amount of the reduction to the independent and common school districts of the county on a per scholastic basis to be used solely for the purpose of reducing bonded indebtedness of those districts or for making permanent improvements. The commissioners court shall, however, retain a sufficient amount of the corpus of the county permanent school fund to pay ad valorem taxes on school lands or royalty interests owned at the time of the distribution. Nothing in this Section affects financial aid to any school district by the state.


(Added Nov. 7, 1972.)


Sec. 7. (Repealed Aug. 5, 1969.)


Sec. 8. STATE BOARD OF EDUCATION. The Legislature shall provide by law for a State Board of Education, whose members shall be appointed or elected in such manner and by such authority and shall serve for such terms as the Legislature shall prescribe not to exceed six years. The said board shall perform such duties as may be prescribed by law.


(Feb. 15, 1876. Amended Nov. 6, 1928.)


Sec. 9. (Repealed Nov. 6, 2001.)


(TEMPORARY TRANSITION PROVISION for Sec. 9: See Appendix, Note 3.)


Sec. 9-a. (Added Nov. 6, 2001; expired Jan. 1, 2005.)


Sec. 10. ESTABLISHMENT OF UNIVERSITY OF TEXAS; AGRICULTURAL AND MECHANICAL DEPARTMENT. The Legislature shall as soon as practicable establish, organize and provide for the maintenance, support and direction of a University of the first class, to be located by a vote of the people of this State, and styled, "The University of Texas", for the promotion of literature, and the arts and sciences, including an Agricultural, and Mechanical department.


(Feb. 15, 1876.)


Sec. 11. ESTABLISHMENT OF PERMANENT UNIVERSITY FUND; INVESTMENT IN GOVERNMENT BONDS. In order to enable the Legislature to perform the duties set forth in the foregoing Section, it is hereby declared all lands and other property heretofore set apart and appropriated for the establishment and maintenance of the University of Texas, together with all the proceeds of sales of the same, heretofore made or hereafter to be made, and all grants, donations and appropriations that may hereafter be made by the State of Texas, or from any other source, except donations limited to specific purposes, shall constitute and become a Permanent University Fund. And the same as realized and received into the Treasury of the State (together with such sums belonging to the Fund, as may now be in the Treasury), shall be invested in bonds of the United States, the State of Texas, or counties of said State, or in School Bonds of† municipalities, or in bonds of any city of this State, or in bonds issued under and by virtue of the Federal Farm Loan Act approved by the President of the United States, July 17, 1916, and amendments thereto; and the interest accruing thereon shall be subject to appropriation by the Legislature to accomplish the purpose declared in the foregoing Section; provided, that the one-tenth of the alternate Sections† of the lands granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of the University of Texas, by an Act of the Legislature of February 11, 1858, entitled, "An Act to establish the University of Texas", shall not be included in, or constitute a part of, the Permanent University Fund.


(Feb. 15, 1876. Amended Nov. 4, 1930, and Nov. 8, 1932.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 11a. INVESTMENT OF PERMANENT UNIVERSITY FUND. In addition to the bonds enumerated in Section 11 of Article VII of the Constitution of the State of Texas, the Board of Regents of The University of Texas may invest the Permanent University Fund in securities, bonds or other obligations issued, insured, or guaranteed in any manner by the United States Government, or any of its agencies, and in such bonds, debentures, or obligations, and preferred and common stocks issued by corporations, associations, or other institutions as the Board of Regents of The University of Texas System may deem to be proper investments for said funds; provided, however, that not more than one per cent (1%) of said fund shall be invested in the securities of any one (1) corporation, nor shall more than five per cent (5%) of the voting stock of any one (1) corporation be owned;† provided, further, that stocks eligible for purchase shall be restricted to stocks of companies incorporated within the United States which have paid dividends for five (5) consecutive years or longer immediately prior to the date of purchase and which, except for bank stocks and insurance stocks, are listed upon an exchange registered with the Securities and Exchange Commission or its successors.


In making each and all of such investments said Board of Regents shall exercise the judgment and care under the circumstances then prevailing which men of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income therefrom as well as the probable safety of their capital.


The interest, dividends and other income accruing from the investments of the Permanent University Fund, except the portion thereof which is appropriated by the operation of Section 18 of Article VII for the payment of principal and interest on bonds or notes issued thereunder, shall be subject to appropriation by the Legislature to accomplish the purposes declared in Section 10 of Article VII of this Constitution.


This amendment shall be self-enacting, and shall become effective upon its adoption, provided, however, that the Legislature shall provide by law for full disclosure of all details concerning the investments in corporate stocks and bonds and other investments authorized herein.


(Added Nov. 6, 1956; amended Nov. 5, 1968.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 11b. EXPANDED INVESTMENT AUTHORITY FOR PERMANENT UNIVERSITY FUND. Notwithstanding any other provision of this constitution, in managing the assets of the permanent university fund, the Board of Regents of The University of Texas System may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions it establishes and in amounts it considers appropriate, any kind of investment, including investments in the Texas growth fund created by Article XVI, Section 70, of this constitution, that prudent investors, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.


(Added Nov. 8, 1988; amended Nov. 7, 1995, and Nov. 2, 1999.)


Sec. 12. SALE OF PERMANENT UNIVERSITY FUND LANDS. The land herein set apart to the University fund shall be sold under such regulations, at such times, and on such terms as may be provided by law; and the Legislature shall provide for the prompt collection, at maturity, of all debts due on account of University lands, heretofore sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers.


(Feb. 15, 1876.)


Sec. 13. AGRICULTURAL AND MECHANICAL COLLEGE. The Agricultural and Mechanical College of Texas, established by an act of the Legislature passed April 17th, 1871, located in the county of Brazos, is hereby made, and constituted a Branch of the University of Texas, for instruction in Agriculture, the Mechanic Arts, and the Natural Sciences connected therewith,† And the Legislature shall at its next session, make an appropriation, not to exceed forty thousand dollars, for the construction and completion of the buildings and improvements, and for providing the furniture necessary to put said College in immediate and successful operation.


(Feb. 15, 1876.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 14. PRAIRIE VIEW A&M UNIVERSITY. Prairie View A&M University in Waller County is an institution of the first class under the direction of the same governing board as Texas A&M University referred to in Article VII, Section 13, of this constitution as the Agricultural and Mechanical College of Texas.


(Feb. 15, 1876. Amended Nov. 6, 1984.)


Sec. 15. GRANT OF ADDITIONAL LANDS TO UNIVERSITY OF TEXAS. In addition to the lands heretofore granted to the University of Texas, there is hereby set apart, and appropriated, for the endowment maintenance, and support of said University and its branches, one million acres of the unappropriated public domain of the State, to be designated, and surveyed as may be provided by law; and said lands shall be sold under the same regulations, and the proceeds invested in the same manner, as is provided for the sale and investment of the permanent University Fund; and the Legislature shall not have power to grant any relief to the purchasers of said lands.


(Feb. 15, 1876.)


Sec. 16. COUNTY TAXATION OF CERTAIN UNIVERSITY OF TEXAS LANDS. All land mentioned in Sections 11, 12 and 15 of Article VII, of the Constitution of the State of Texas, now belonging to the University of Texas shall be subject to† taxation for county purposes to the same extent as lands privately owned; provided they shall be rendered for taxation upon values fixed by the State Tax Board; and providing that the State shall remit annually to each of the counties in which said lands are located an amount equal to the tax imposed upon said land for county purposes.


(Added Nov. 4, 1930.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 16-a. TERMS OF OFFICE OF EDUCATIONAL OFFICERS. The Legislature shall fix by law the terms of all offices of the public school system and of the State institutions of higher education, inclusive, and the terms of members of the respective boards, not to exceed six years.


(Added Nov. 6, 1928; amended Nov. 4, 1997.)


Sec. 17. FUNDING TO SUPPORT AGENCIES AND INSTITUTIONS OF HIGHER EDUCATION NOT SUPPORTED BY AVAILABLE UNIVERSITY FUND. (a) In the fiscal year beginning September 1, 1985, and each fiscal year thereafter, there is hereby appropriated out of the first money coming into the state treasury not otherwise appropriated by the constitution $100 million to be used by eligible agencies and institutions of higher education for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair or rehabilitation of buildings or other permanent improvements, acquisition of capital equipment, library books and library materials, and paying for acquiring, constructing, or equipping or for major repair or rehabilitation of buildings, facilities, other permanent improvements, or capital equipment used jointly for educational and general activities and for auxiliary enterprises to the extent of their use for educational and general activities. For the five-year period that begins on September 1, 2000, and for each five-year period that begins after that period, the legislature, during a regular session that is nearest, but preceding, a five-year period, may by two-thirds vote of the membership of each house increase the amount of the constitutional appropriation for the five-year period but may not adjust the appropriation in such a way as to impair any obligation created by the issuance of bonds or notes in accordance with this section.


(b) The funds appropriated under Subsection (a) of this section shall be for the use of the following eligible agencies and institutions of higher education (even though their names may be changed):


(1) East Texas State University including East Texas State University at Texarkana;


(2) Lamar University including Lamar University at Orange and Lamar University at Port Arthur;


(3) Midwestern State University;


(4) University of North Texas;


(5) The University of Texas-Pan American including The University of Texas at Brownsville;


(6) Stephen F. Austin State University;


(7) Texas College of Osteopathic Medicine;


(8) Texas State University System Administration and the following component institutions:


(9) Sam Houston State University;


(10) Southwest Texas State University;


(11) Sul Ross State University including Uvalde Study Center;


(12) Texas Southern University;


(13) Texas Tech University;


(14) Texas Tech University Health Sciences Center;


(15) Angelo State University;


(16) Texas Woman's University;


(17) University of Houston System Administration and the following component institutions:


(18) University of Houston;


(19) University of Houston-Victoria;


(20) University of Houston-Clear Lake;


(21) University of Houston-Downtown;


(22) Texas A&M University-Corpus Christi;


(23) Texas A&M International University;


(24) Texas A&M University-Kingsville;


(25) West Texas A&M University; and


(26) Texas State Technical College System and its campuses, but not its extension centers or programs.


(c) Pursuant to a two-thirds vote of the membership of each house of the legislature, institutions of higher education may be created at a later date by general law, and, when created, such an institution shall be entitled to participate in the funding provided by this section if it is not created as a part of The University of Texas System or The Texas A&M University System. An institution that is entitled to participate in dedicated funding provided by Article VII, Section 18, of this constitution may not be entitled to participate in the funding provided by this section.


(d) In the year 1985 and every 10 years thereafter, the legislature or an agency designated by the legislature no later than August 31 of such year shall allocate by equitable formula the annual appropriations made under Subsection (a) of this section to the governing boards of eligible agencies and institutions of higher education. The legislature shall review, or provide for a review, of the allocation formula at the end of the fifth year of each 10-year allocation period. At that time adjustments may be made in the allocation formula, but no adjustment that will prevent the payment of outstanding bonds and notes, both principal and interest, may be made.


(d-1) Notwithstanding Subsection (d) of this section, the allocation of the annual appropriation to Texas State Technical College System and its campuses may not exceed 2.2 percent of the total appropriation each fiscal year.


(e) Each governing board authorized to participate in the distribution of money under this section is authorized to expend all money distributed to it for any of the purposes enumerated in Subsection (a). In addition, such governing board may issue bonds and notes for the purposes of refunding bonds or notes issued under this section or prior law, acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, acquiring capital equipment, library books, and library materials, paying for acquiring, constructing, or equipping or for major repair or rehabilitation of buildings, facilities, other permanent improvements, or capital equipment used jointly for educational and general activities and for auxiliary enterprises to the extent of their use for educational and general activities, and for major repair and rehabilitation of buildings or other permanent improvements, and may pledge up to 50 percent of the money allocated to such governing board pursuant to this section to secure the payment of the principal and interest of such bonds or notes. Proceeds from the issuance of bonds or notes under this subsection shall be maintained in a local depository selected by the governing board issuing the bonds or notes. The bonds and notes issued under this subsection shall be payable solely out of the money appropriated by this section and shall mature serially or otherwise in not more than 10 years from their respective dates. All bonds issued under this section shall be sold only through competitive bidding and are subject to approval by the attorney general. Bonds approved by the attorney general shall be incontestable. The permanent university fund may be invested in the bonds and notes issued under this section.


(f) The funds appropriated by this section may not be used for the purpose of constructing, equipping, repairing, or rehabilitating buildings or other permanent improvements that are to be used only for student housing, intercollegiate athletics, or auxiliary enterprises.


(g) The comptroller of public accounts shall make annual transfers of the funds allocated pursuant to Subsection (d) directly to the governing boards of the eligible institutions.


(h) To assure efficient use of construction funds and the orderly development of physical plants to accommodate the state's real need, the legislature may provide for the approval or disapproval of all new construction projects at the eligible agencies and institutions entitled to participate in the funding provided by this section.


(i) (Repealed.)


(j) The state systems and institutions of higher education designated in this section may not receive any additional funds from the general revenue of the state for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements except that:


(1) in the case of fire or natural disaster the legislature may appropriate from the general revenue an amount sufficient to replace the uninsured loss of any building or other permanent improvement; and


(2) the legislature, by two-thirds vote of each house, may, in cases of demonstrated need, which need must be clearly expressed in the body of the act, appropriate additional general revenue funds for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements.


This subsection does not apply to legislative appropriations made prior to the adoption of this amendment.


(k) Without the prior approval of the legislature, appropriations under this section may not be expended for acquiring land with or without permanent improvements, or for constructing and equipping buildings or other permanent improvements, for a branch campus or educational center that is not a separate degree-granting institution created by general law.


(l) This section is self-enacting upon the issuance of the governor's proclamation declaring the adoption of the amendment, and the state comptroller of public accounts shall do all things necessary to effectuate this section. This section does not impair any obligation created by the issuance of any bonds and notes in accordance with prior law, and all outstanding bonds and notes shall be paid in full, both principal and interest, in accordance with their terms. If the provisions of this section conflict with any other provisions of this constitution, then the provisions of this section shall prevail, notwithstanding all such conflicting provisions.


(Former Sec. 17 repealed Nov. 2, 1982; current Sec. 17 added Nov. 6, 1984; Subsecs. (a), (b), (e), (f), and (g) amended and (d-1) added Nov. 2, 1993; Subsec. (l) amended Nov. 7, 1995; Subsec. (b) amended Nov. 6, 2007; Subsec. (i) repealed Nov. 3, 2009.)


Sec. 18. FUNDING TO SUPPORT TEXAS A&M UNIVERSITY SYSTEM AND UNIVERSITY OF TEXAS SYSTEM; AVAILABLE UNIVERSITY FUND. (a) The Board of Regents of The Texas A&M University System may issue bonds and notes not to exceed a total amount of 10 percent of the cost value of the investments and other assets of the permanent university fund (exclusive of real estate) at the time of the issuance thereof, and may pledge all or any part of its one-third interest in the available university fund to secure the payment of the principal and interest of those bonds and notes, for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair and rehabilitation of buildings and other permanent improvements, acquiring capital equipment and library books and library materials, and refunding bonds or notes issued under this Section or prior law, at or for The Texas A&M University System administration and the following component institutions of the system:


(1) Texas A&M University, including its medical college which the legislature may authorize as a separate medical institution;


(2) Prairie View A&M University, including its nursing school in Houston;


(3) Tarleton State University;


(4) Texas A&M University at Galveston;


(5) Texas Forest Service;


(6) Texas Agricultural Experiment Stations;


(7) Texas Agricultural Extension Service;


(8) Texas Engineering Experiment Stations;


(9) Texas Transportation Institute; and


(10) Texas Engineering Extension Service.


(b) The Board of Regents of The University of Texas System may issue bonds and notes not to exceed a total amount of 20 percent of the cost value of investments and other assets of the permanent university fund (exclusive of real estate) at the time of issuance thereof, and may pledge all or any part of its two-thirds interest in the available university fund to secure the payment of the principal and interest of those bonds and notes, for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair and rehabilitation of buildings and other permanent improvements, acquiring capital equipment and library books and library materials, and refunding bonds or notes issued under this section or prior law, at or for The University of Texas System administration and the following component institutions of the system:


(1) The University of Texas at Arlington;


(2) The University of Texas at Austin;


(3) The University of Texas at Dallas;


(4) The University of Texas at El Paso;


(5) The University of Texas of the Permian Basin;


(6) The University of Texas at San Antonio;


(7) The University of Texas at Tyler;


(8) The University of Texas Health Science Center at Dallas;


(9) The University of Texas Medical Branch at Galveston;


(10) The University of Texas Health Science Center at Houston;


(11) The University of Texas Health Science Center at San Antonio;


(12) The University of Texas System Cancer Center;


(13) The University of Texas Health Center at Tyler; and


(14) The University of Texas Institute of Texan Cultures at San Antonio.


(c) Pursuant to a two-thirds vote of the membership of each house of the legislature, institutions of higher education may be created at a later date as a part of The University of Texas System or The Texas A&M University System by general law, and, when created, such an institution shall be entitled to participate in the funding provided by this section for the system in which it is created. An institution that is entitled to participate in dedicated funding provided by Article VII, Section 17, of this constitution may not be entitled to participate in the funding provided by this section.


(d) The proceeds of the bonds or notes issued under Subsection (a) or (b) of this section may not be used for the purpose of constructing, equipping, repairing, or rehabilitating buildings or other permanent improvements that are to be used for student housing, intercollegiate athletics, or auxiliary enterprises.


(e) The available university fund consists of the distributions made to it from the total return on all investment assets of the permanent university fund, including the net income attributable to the surface of permanent university fund land. The amount of any distributions to the available university fund shall be determined by the board of regents of The University of Texas System in a manner intended to provide the available university fund with a stable and predictable stream of annual distributions and to maintain over time the purchasing power of permanent university fund investments and annual distributions to the available university fund. The amount distributed to the available university fund in a fiscal year must be not less than the amount needed to pay the principal and interest due and owing in that fiscal year on bonds and notes issued under this section. If the purchasing power of permanent university fund investments for any rolling 10-year period is not preserved, the board may not increase annual distributions to the available university fund until the purchasing power of the permanent university fund investments is restored, except as necessary to pay the principal and interest due and owing on bonds and notes issued under this section. An annual distribution made by the board to the available university fund during any fiscal year may not exceed an amount equal to seven percent of the average net fair market value of permanent university fund investment assets as determined by the board, except as necessary to pay any principal and interest due and owing on bonds issued under this section. The expenses of managing permanent university fund land and investments shall be paid by the permanent university fund.


(f) Out of one-third of the annual distribution from the permanent university fund to the available university fund, there shall be appropriated an annual sum sufficient to pay the principal and interest due on the bonds and notes issued by the Board of Regents of The Texas A&M University System under this section and prior law, and the remainder of that one-third of the annual distribution to the available university fund shall be appropriated to the Board of Regents of The Texas A&M University System,† which shall have the authority and duty in turn to appropriate an equitable portion of the same for the support and maintenance of The Texas A&M University System administration, Texas A&M University, and Prairie View A&M University. The Board of Regents of The Texas A&M University System, in making just and equitable appropriations to Texas A&M University and Prairie View A&M University, shall exercise its discretion with due regard to such criteria as the board may deem appropriate from year to year. Out of the other two-thirds of the annual distribution from the permanent university fund to the available university fund there shall be appropriated an annual sum sufficient to pay the principal and interest due on the bonds and notes issued by the Board of Regents of The University of Texas System under this section and prior law, and the remainder of such two-thirds of the annual distribution to the available university fund, shall be appropriated for the support and maintenance of The University of Texas at Austin and The University of Texas System administration.


(g) The bonds and notes issued under this section shall be payable solely out of the available university fund, mature serially or otherwise in not more than 30 years from their respective dates, and, except for refunding bonds, be sold only through competitive bidding. All of these bonds and notes are subject to approval by the attorney general and when so approved are incontestable. The permanent university fund may be invested in these bonds and notes.


(h) To assure efficient use of construction funds and the orderly development of physical plants to accommodate the state's real need, the legislature may provide for the approval or disapproval of all new construction projects at the eligible agencies and institutions entitled to participate in the funding provided by this section except The University of Texas at Austin, Texas A&M University in College Station, and Prairie View A&M University.


(i) The state systems and institutions of higher education designated in this section may not receive any funds from the general revenue of the state for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements except that:


(1) in the case of fire or natural disaster the legislature may appropriate from the general revenue an amount sufficient to replace the uninsured loss of any building or other permanent improvement; and


(2) the legislature, by two-thirds vote of each house, may, in cases of demonstrated need, which need must be clearly expressed in the body of the act, appropriate general revenue funds for acquiring land with or without permanent improvements, for constructing or equipping buildings or other permanent improvements, or for major repair and rehabilitation of buildings or other permanent improvements.


This subsection does not apply to legislative appropriations made prior to the adoption of this amendment.


(j) This section is self-enacting on the issuance of the governor's proclamation declaring the adoption of this amendment, and the state comptroller of public accounts shall do all things necessary to effectuate this section. This section does not impair any obligation created by the issuance of bonds or notes in accordance with prior law, and all outstanding bonds and notes shall be paid in full, both principal and interest, in accordance with their terms, and the changes herein made in the allocation of the available university fund shall not affect the pledges thereof made in connection with such bonds or notes heretofore issued. If the provisions of this section conflict with any other provision of this constitution, then the provisions of this section shall prevail, notwithstanding any such conflicting provisions.


(Added Aug. 23, 1947; amended Nov. 6, 1956, Nov. 8, 1966, and Nov. 6, 1984; former Subsec. (f) expired Nov. 6, 1994; Subsec. (j) amended Nov. 7, 1995; Subsec. (e) amended and current Subsec. (f) added Nov. 2, 1999.) (TEMPORARY PROVISION for Sec. 18: See Appendix, Note 2.)


† The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. A digital image of the original text of the official enrolled measure can be found here.


Sec. 19. TEXAS TOMORROW FUND. (a) The Texas tomorrow fund is created as a trust fund dedicated to the prepayment of tuition and fees for higher education as provided by the general laws of this state for the prepaid higher education tuition program. The assets of the fund are held in trust for the benefit of participants and beneficiaries and may not be diverted. The state shall hold the assets of the fund for the exclusive purposes of providing benefits to participants and beneficiaries and defraying reasonable expenses of administering the program.


(b) Financing of benefits must be based on sound actuarial principles. The amount contributed by a person participating in the prepaid higher education program shall be as provided by the general laws of this state, but may not be less than the amount anticipated for tuition and required fees based on sound actuarial principles. If in any fiscal year there is not enough money in the Texas tomorrow fund to pay the tuition and required fees of an institution of higher education in which a beneficiary enrolls or the appropriate portion of the tuition and required fees of a private or independent institution of higher education in which a beneficiary enrolls as provided by a prepaid tuition contract, there is appropriated out of the first money coming into the state treasury in each fiscal year not otherwise appropriated by the constitution the amount that is sufficient to pay the applicable amount of tuition and required fees of the institution.


(c) Assets of the fund may be invested by an entity designated by general law in securities considered prudent investments. Investments shall be made in the exercise of judgment and care under the circumstances that a person of ordinary prudence, discretion, and intelligence exercises in the management of the person's affairs, not for speculation, but for the permanent disposition of funds, considering the probable income from the disposition as well as the probable safety of capital.


(d) The state comptroller of public accounts shall take the actions necessary to implement this section.


(e) To the extent this section conflicts with any other provision of this constitution, this section controls.


(Added Nov. 4, 1997.)


Sec. 20. NATIONAL RESEARCH UNIVERSITY FUND. (a) There is established the national research university fund for the purpose of providing a dedicated, independent, and equitable source of funding to enable emerging research universities in this state to achieve national prominence as major research universities.


(b) The fund consists of money transferred or deposited to the credit of the fund and any interest or other return on the investment assets of the fund. The legislature may dedicate state revenue to the credit of the fund.


(c) The legislature shall provide for administration of the fund, which shall be invested in the manner and according to the standards provided for investment of the permanent university fund. The expenses of managing the investments of the fund shall be paid from the fund.


(d) In each state fiscal biennium, the legislature may appropriate as provided by Subsection (f) of this section all or a portion of the total return on all investment assets of the fund to carry out the purposes for which the fund is established.


(e) The legislature biennially shall allocate the amounts appropriated under this section, or shall provide for a biennial allocation of those amounts, to eligible state universities to carry out the purposes of the fund. The money shall be allocated based on an equitable formula established by the legislature or an agency designated by the legislature. The legislature shall review and as appropriate adjust, or provide for a review and adjustment, of the allocation formula at the end of each state fiscal biennium.


(f) The portion of the total return on investment assets of the fund that is available for appropriation in a state fiscal biennium under this section is the portion determined by the legislature, or an agency designated by the legislature, as necessary to provide as nearly as practicable a stable and predictable stream of annual distributions to eligible state universities and to maintain over time the purchasing power of fund investment assets. If the purchasing power of fund investment assets for any rolling 10-year period is not preserved, the distributions may not be increased until the purchasing power of the fund investment assets is restored. The amount appropriated from the fund in any fiscal year may not exceed an amount equal to seven percent of the average net fair market value of the investment assets of the fund, as determined by law. Until the fund has been invested for a period of time sufficient to determine the purchasing power over a 10-year period, the legislature may provide by law for means of preserving the purchasing power of the fund.


(g) The legislature shall establish criteria by which a state university may become eligible to receive a portion of the distributions from the fund. A state university that becomes eligible to receive a portion of the distributions from the fund in a state fiscal biennium remains eligible to receive additional distributions from the fund in any subsequent state fiscal biennium. The University of Texas at Austin and Texas A&M University are not eligible to receive money from the fund.


(h) An eligible state university may use distributions from the fund only for the support and maintenance of educational and general activities that promote increased research capacity at the university.


(Added Nov. 3, 2009.)

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THE TEXAS CONSTITUTION ARTICLE 7. EDUCATION

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THE TEXAS CONSTITUTION ARTICLE 7. EDUCATION Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

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Establishment of Bilingual Education and Special Language Programs

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Establishment of Bilingual Education and Special Language Programs

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Summary:
* Under chapter 89 of the Texas Administrative Code, school districts are required to provide bilingual education or English as a second language (ESL) instruction for students with limited English proficiency.
* All students shall be granted an equal opportunity to achieve mastery of the essential knowledge and skills.
* Districts are to implement programs and provide materials that support English language acquisition in all grade levels.
* These programs include transitional bilingual and early exit in which student progress is measured and it is determined if they are reclassified.

Reference:
19 Tex. Admin. Code § 89.1210 (1996). 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=2&ch=89&rl=1210

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(a) Each school district required to offer a bilingual education or English as a second language (ESL) program shall provide each emergent bilingual student 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 (LPAC) 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 emergent bilingual students have a full opportunity to master the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills (TEKS) 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 academic and literacy 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 emergent bilingual students as follows. (1) Affective. (A) Emergent bilingual students in a bilingual program shall be provided instruction using content-based language instructional methods and/or their primary language to acclimate students to the school environment and to develop academic language skills, 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) Emergent bilingual students in an ESL program shall be provided instruction using content-based language instructional methods in English to acclimate students to the school environment and to develop academic language skills, 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) Emergent bilingual students in a bilingual program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in both English and their primary language. 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, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS. (B) Emergent bilingual students in an ESL program shall be provided targeted and intentional academic language instruction to develop proficiency in listening, speaking, reading, and writing in the English language. 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, providing individualized linguistically accommodated content instruction commensurate with the students' language proficiency levels. The ELPS student expectations are provided for English development in conjunction with the TEKS. (3) Cognitive. (A) Emergent bilingual students in a bilingual program shall be provided instruction in reading and language arts, mathematics, science, and social studies in both their primary language and English, using content-based language instructional methods in either their primary language, English, or both, depending on the 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) Emergent bilingual students in an ESL program shall be provided instruction in English in reading and language arts, mathematics, science, and social studies using content-based language instructional 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 emergent bilingual students are served in both English and the students' primary language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports 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 and English using content-based language instruction methods. (2) Transitional bilingual/late exit is a bilingual program model in which students identified as emergent bilingual students are served in both English and the students' primary language and are prepared to meet reclassification criteria to be successful in English instruction with no second language acquisition supports 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 and English through content-based language instruction. (3) Dual language immersion/one-way is a bilingual/biliteracy program model in which students identified as emergent bilingual students are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in the partner language and English is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English 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 bilingualism and biliteracy in English and the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English as well as the students' primary language, 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 emergent bilingual students are integrated with non-emergent bilingual students and are served in both English and the program's partner language and are prepared to meet reclassification criteria in order to be successful in English instruction with no second language acquisition supports not earlier than six or later than seven years after the student enrolls in school. Instruction provided in English and the partner language is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. When the instructional time for both the partner language and English is 50%, a paired-teaching arrangement may be utilized in which instruction provided in English 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 two-way dual language immersion is for program participants to attain bilingualism and biliteracy in English as well as the partner language. This model provides ongoing instruction in literacy and academic content through content-based language instruction in English and the partner language with at least half of the instruction delivered in the partner 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 emergent bilingual students through English instruction provided by a teacher appropriately certified in ESL under TEC, §29.061(c), using content-based language instruction methods in reading and language arts, mathematics, science, and social studies. The goal of content-based ESL is for emergent bilingual students to attain full proficiency in English in order to participate equitably in school. (2) An ESL/pull-out program model is an English acquisition program that serves students identified as emergent bilingual students through English instruction using content-based language instruction methods provided by an appropriately certified ESL teacher under TEC, §29.061(c), through English reading and language arts in a pull-out or inclusionary delivery setting. The goal of ESL pull-out is for emergent bilingual students to attain full proficiency in English in order to participate equitably in school. (e) Except in the courses specified in subsection (f) of this section, content-based language instructional 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 students identified as emergent bilingual students to master the essential knowledge and skills for the required subject(s). The use of content-based language instruction shall not impede the awarding of credit toward meeting promotion or graduation requirements. (f) In subjects such as art, music, and physical education, emergent bilingual students shall participate with their non-emergent bilingual 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 partner language. The school district shall ensure that emergent bilingual students enrolled in bilingual education and ESL programs have a meaningful opportunity to participate with non-emergent bilingual peers in all extracurricular activities. (g) The required bilingual education or ESL program shall be provided to every emergent bilingual student 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. Parental approval is required when the LPAC recommends continued dual language immersion program participation beyond reclassification.

Source Note: 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 3105; 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; amended to be effective August 9, 2023, 48 TexReg 4247

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(a) Each school district required to offer a bilingual education or English as a second language (ESL) program shall provide each emergent bilingual student the opportunity to be enrolled in the required program at his or her grade level.

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English Language Learner Education in Secondary Schools

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English Language Learner Education in Secondary Schools

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As previously mentioned in this guide, it is our duty to ensure equal educational opportunities for all students, including ELLs. In order to comply to these laws, it is important to:

* Identify students with limited English proficiency through a home language survey and an assessment tool that will help determine their proficiency level.
* Offer participation in an English as a Second Language (ESL) program for parent approval.
* Create and Individual Education Plan (IEP) for each student enrolled in the ESL program.
* Train teachers in ESL strategies and provide them with student IEPs.
* Document supports and accommodations given to ELLs.
* Evaluate student progress to determine reclassification or early exit of the program if applicable.