Filing a Bilingual Exception and/or ESL Waiver
To better serve emergent bilingual students, TAC Chapter 89.1207 provides bilingual exception and ESL waiver requirements for all Local Education Agencies (LEAs)/districts, which includes all school districts, districts of innovation, and open-enrollment charter schools.
The purpose of filing an exception/waiver is to inform TEA on the needs for appropriately certified teachers in bilingual exception and ESL programs across the state.
LEAs can use the filing of an exception/waiver as a year-long alternative method process of growth whether it be toward teacher certification or program implementation and improvement.

Focus with Intentionality on…
- Collaboration among the bilingual department, Human Resources, and campus leaders to assess the need for bilingual/ESL certified teachers to file your 2023-2024 Bilingual Exception and ESL Waiver application
- Planning the professional development to maximize the 10% of the BEA funds to better serve EB students
- Actively recruiting appropriately certified teachers.

Checklist of Tasks
- Determine teacher certification
- PEIMS coding (based on teacher certification)
- PD to classroom teachers who are going to apply for bilingual exceptions & ESL waivers
- Communication to families
- Data gathering for Waiver/Exception application
- Review progress on previous year’s Action Plan
Focus with Intentionality on…
- Determining the classrooms that have teachers in the pathway of becoming appropriately certified,
- Planning for job postings for any vacant and teachers that may not be in the pathway to becoming appropriately certified
- Implementing continuous, targeted, and intentional professional development based on the needs of teachers
- Checking progress for teachers serving EB students and student academic impact

Checklist of Tasks
- Determine classroom allocations
- Plan for postings
- Progress check for teachers on exceptions/waivers
- Local policy review
- Retention policies
- Incentives
- Teacher accountability
- Continuous PD and ongoing job-embedded PD
- SLA practices
- Certification prep
Focus with Intentionality on…
- Following-up with all teachers under and exception and waiver to identify any special additional sessions they may need to prepare for the certification tests and practices that help them deliver effective lessons
- Checking the progress of the comprehensive professional development sessions to ensure the data is meeting the action plan outcomes
- Reviewing student academic and linguistic data

Checklist of Tasks
- Determine the classroom needs for teachers and EB students
- Verify PEIMS Coding is representative of the appropriate certified educator or alternate methods
- On-going collaboration from Human Resources, Finance Department, Bilingual Department, Campus leaders
- Celebrate the successes
Focus with Intentionality on…
- Evaluating data to determine if the measurable targets and goals were met
- Collaborating with bilingual department, HR, Campus Principals, Financial Officers, Academic and Curriculum team leaders to plan for upcoming school year based on the updated needs assessment for teachers and students
- Progress monitoring the linguistic and academic growth of EB students served by a teacher under an exception or waiver

Checklist of Tasks
- Measure certification success rate from the PD Plan
- Evaluate the tentative classroom allocations for 24-25 (student: teacher ratio, recruitment needs)
- Measure the success of your action plan’s recruiting and retention goals.
- Celebrate the successes
Resources
- TEAL Platform Login
- Overview Video of TEAL Platform
- FAQ Hub: Bilingual Exception and ESL Waiver
- Comprehensive PD Plan and Allowable Use of Bilingual Education Allotment (BEA) Funds
- Bilingual Exception Scenario Chain (PDF)
- English as a Second Language (ESL) Waiver Scenario Chain (PDF)
- Descriptor Table Guide for Bilingual and English as a Second Language Programs (PDF)
The Cyclical Process for Bilingual Exceptions and ESL Waivers Manual