This site describes the cyclical process for bilingual exceptions and ESL waivers and aims to support campus and district leaders in

• identifying innovative ways to recruit and retain the appropriate certified teachers serving EB students in bilingual education environments and
• preparing and supporting teachers hired to serve EB students and are in the pathway to becoming bilingual or ESL certified during the current school year while under an approved bilingual exception or ESL waiver.

The site describes each quadrant in the cycle and provides suggestions for key players to engage in ongoing collaboration to meet their action plan and roll out their comprehensive professional development plan for teachers under an exception or waiver. It provides actions of consideration along the way to ensure that instruction is delivered with high quality and that EB students have little to no impact linguistically and academically through the process.

According to Texas Education Code (TEC) 29.054, an exception must be filed to the TEA for approval of alternative methods when the district is unable to hire sufficient teachers with appropriate certification in bilingual education instruction.

The application must provide:

• Documentation showing the district has taken all reasonable affirmative steps to secure appropriate certified teachers and have failed,
• Documentation showing the district has affirmative hiring policies and procedures consistent with the need to serve EB students,
• Documentation showing that, on the basis of district records, no teacher having a bilingual teaching certificate or emergency credentials has been unjustifiably denied employment in the district within the past 12 months,
• A plan detailing specific measures to be used by the district to eliminate the conditions that created the need for an exception. (TEC 29.054(b)(1-4))

Texas Administrative Code (TAC) §89.1207(a) further explains that “A school district that is unable to provide a bilingual and/or an English as a Second Language (ESL) program as required by §89.1205(a) and (c) of this title (relating to Required Bilingual and English as a Second Language (ESL) Programs) because of an insufficient number of appropriately certified teachers shall request from the commissioner of education an exception to the bilingual program and/or a waiver for the ESL program and the approval of temporary alternative methods as defined in §89.1203(1) of this title (relating to Definitions) that align as closely as possible to the required bilingual or ESL program.”

Language Proficiency Assessment Committee (LPAC) is a designated group of committee members as described in §89.1220 (relating to Language Proficiency Assessment Committee) that ensures the appropriate identification, placement, assessment, services, reclassification, and monitoring of emergent bilingual students.

The LPAC also meets in conjunction with other committees related to programs and services for which an EB student qualifies. The LPAC ensures that all EB students’ progress and outcomes are documented and discussed during LPAC meetings in each school year. It is critical that the LPAC monitors the linguistic and academic achievement data of all EB students in all classroom environments. Students being served by a teacher under an exception and/or waiver are to be closely monitored to document the linguistic and academic impact while the teacher is in the process of becoming appropriately certified and learning second-language acquisition practices with alternative methods closely aligned to the required bilingual/ESL program. The LPAC meets as often as necessary.

• LPAC Guidance: Beginning of the Year
  Provides procedures for initial identification of students new to Texas public schools, transferring students from within Texas, transferring students from outside Texas, and transferring students with disabilities. Identification and recommendation of program placement are important to ensure that EB students are given access to the language programs to develop language and master content standards.
• LPAC Guidance: Middle of the Year
  Provides procedures to make appropriate assessment decisions for EB students that include language of assessment for 3rd–5th grade, designated supports, and any other accommodations that give students the opportunity to best demonstrate their knowledge.
• LPAC Guidance: End of the Year
  Provides procedures to evaluate the linguistic and academic achievement data for mastery of the current year STAAR and TELPAS standards of each EB student. The data will help LPAC determine if the student benefits from another year in a language program or if there is ongoing data to support readiness for reclassification.

In conclusion, the Cyclical Process of Exceptions and Waivers is important when serving EB students in bilingual/ESL programs. Effective teaching and learning are integral for student readiness, especially for EB students that are acquiring English as they develop content area mastery. Appropriately certified teachers bring the pedagogical knowledge to deliver high-impact lessons that make content comprehensible for EB students while they develop language(s). Teachers in the pathway of becoming appropriately certified benefit from certification exam preparation sessions and job-embedded professional development related to foundations of bilingual education to deliver second language acquisition practices during instruction to yield positive student outcomes. However, this is a year-round effort with multiple key players to ensure that teachers are given the necessary tools to successfully impact the educational experience of their students and families.