19 TAC §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, 101.1011
The Texas Education Agency (TEA) adopts on an emergency basis
new §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, and 101.1011,
concerning the participation of limited English proficient (LEP) students
in state assessments. The new sections provide state testing requirements
for LEP students in Grades 3-8 as authorized under Texas Education Code, §39.023,
amended by Senate Bill 676, 77th Texas Legislature, 2001. The new sections
specify procedures for the language proficiency assessment committee to follow
to ensure that students are included in the state assessments at the earliest
practical date.
The new sections are adopted on an emergency basis to take effect immediately.
Senate Bill 676, signed into law effective immediately, affects the spring
2001 administrations of the Texas Assessment of Academic Skills (TAAS) and
the State-Developed Alternative Assessment (SDAA), which will occur the week
of April 23, 2001. The TEA finds that requirements of state law in Senate
Bill 676, 77th Texas Legislature, 2001, require the adoption of the new sections
on fewer than 30 days notice. The new sections are simultaneously being proposed
for permanent adoption.
The new sections are adopted on an emergency basis under the
Texas Education Code (TEC), §39.023, as amended by Senate Bill 676, 77th
Texas Legislature, 2001, which authorizes the commissioner of education to
adopt rules concerning the exemption of limited English proficient students.
§101.1001.Reading Proficiency Tests in English.
In Grades 3-12, a limited English proficient (LEP) student, as defined
by the Texas Education Code, Chapter 29, Subchapter B, shall take the reading
proficiency tests in English annually until the student has achieved a rating
of advanced. A LEP student who has achieved a rating of advanced is not eligible
for a LEP exemption from the assessment of academic skills or the alternative
assessment of academic skills in subsequent years.
§101.1003.Role of the Language Proficiency Assessment Committee.
In accordance with the Texas Education Code, §39.023(a), (l),
and (m), the language proficiency assessment committee (LPAC) shall select
the appropriate assessment option for each limited English proficient student
as outlined in §101.1005 of this title (relating to Limited English Proficient
Students at the Exit Level) and §101.1007 of this title (relating to
Limited English Proficient Students at Grades Other Than the Exit Level).
The LPAC must document the reason for the postponement or exemption in the
student's permanent record file. A school district shall make a reasonable
effort to determine a student's previous testing history.
§101.1005.Limited English Proficient Students at the Exit Level.
Limited English proficient (LEP) students are not eligible for an exemption
from the exit level assessment of academic skills or the end-of-course tests
on the basis of limited English proficiency. However, LEP students who are
recent immigrants may postpone only one time the initial administration of
the exit level test and end-of-course test. The term "recent immigrant" in
this section is defined as an immigrant who first enrolls in U.S. schools
no more than 12 months before the administration of the test from which the
postponement is sought.
§101.1007.Limited English Proficient Students at Grades Other Than the Exit Level.
(a)
In Grades 3-6, the language proficiency assessment committee
(LPAC) shall determine whether a limited English proficient (LEP) student
is administered the assessment of academic skills in English or in Spanish.
A LEP student may be administered a Spanish version of the assessment of academic
skills for a maximum of three years. If the LEP student is an immigrant, the
number of LEP exemptions and administrations of the assessment in Spanish
must not exceed three.
(b)
In accordance with paragraphs (1)-(3) of this subsection,
certain immigrant LEP students who have not yet achieved a rating of advanced
on the reading proficiency tests in English may be eligible for an exemption
from the assessment of academic skills during a period not to exceed their
first three school years of enrollment in U.S. schools. The term "immigrant"
in this subchapter is defined as a student who has resided outside the 50
United States for at least two consecutive years.
(1)
During the first school year of enrollment in a U.S. school,
the student may be granted a LEP exemption if the LPAC determines that the
student has not had the prior schooling necessary to provide the foundation
of learning that Texas schools require and measure on the assessment, whether
the foundation be in knowledge of the English language or specific academic
skills and concepts in the subjects assessed.
(2)
During the second and third school year of enrollment in
a U.S. school, the student for whom a primary language assessment is not available
may be granted an exemption if the LPAC determines that the student lacks
the academic language proficiency in English necessary for an assessment of
academic skills in English to measure the student's academic progress in a
valid, reliable manner.
(3)
During the second and third school year of enrollment in
a U.S. school, the student for whom a Spanish-version assessment is available
must take the assessment in either English or Spanish unless:
(A)
the student is in a special language program that does
not call for instruction in Spanish and the LPAC determines that the student
lacks the language proficiency in English and the academic instruction and/or
literacy in Spanish for the assessment in either English or Spanish to measure
the student's academic progress in a valid, reliable manner; or
(B)
the LPAC has documentation, including signed verification
by the parent or guardian whenever possible, that there was an extensive period
of time outside the U.S. in which the student did not receive schooling and
that this absence of schooling resulted in such limited literacy that assessment
in either English or Spanish is inappropriate as a measure for school accountability.
(c)
A LEP student whose parent or guardian has declined the
services required by the Texas Education Code, Chapter 29, Subchapter B, shall
take the assessment of academic skills in English. The student shall also
take the reading proficiency tests in English until the student has achieved
a rating of advanced.
(d)
School districts may administer the assessment of academic
skills in Spanish to a student who is not identified as limited English proficient
but who participates in a two-way bilingual program. However, the student
may not be administered the Spanish-version assessment for longer than three
years.
§101.1009.Limited English Proficient Students Who Receive Special Education Services.
(a)
The provisions of this subchapter apply to limited English
proficient (LEP) students who receive special education services except as
otherwise specified in this section.
(b)
Decisions regarding the selection of assessments for LEP
students who receive special education services shall be made by the admission,
review, and dismissal (ARD) committee, which includes a language proficiency
assessment committee (LPAC) member to ensure that issues related to the student's
language proficiency are duly considered.
(c)
A LEP student who receives special education services may
be exempted from the reading proficiency tests in English only if the ARD
committee determines that these tests cannot provide a meaningful measure
of the student's annual growth in English reading proficiency for reasons
associated with the student's disability.
(d)
The provisions of §101.1007(b) of this title (relating
to Limited English Proficient Students at Grades Other Than the Exit Level)
apply to the alternative assessment of academic skills, which is a measure
of annual progress rather than grade-level mastery.
(e)
A LEP student who receives special education services and
whose parent or guardian has declined the services required by the Texas Education
Code, Chapter 29, Subchapter B, is not eligible for an exemption on the basis
of limited English proficiency.
§101.1011.Clarification of Provisions.
The provisions of this subchapter shall supersede any provisions concerning
participation of limited English proficient students in state assessments
found in Chapter 89, Subchapter BB, of this title (relating to Adaptations
for Special Populations) and §101.3 of this title (relating to Testing
Accommodations and Exemptions) to the extent that inconsistent provisions
exist.
Filed with the Office
of the Secretary of State, on April 12, 2001.
TRD-200102107
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: April 12, 2001
Expiration date: August 10, 2001
For further information, please call: (512) 463-9701