Current through Reg. 49, No. 38; September 20, 2024
(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.
