EB Portal - FAQ Hub

L1.1 What does the term “emergent bilingual (EB)” students mean?

As a result of House Bill 2066 in the 87th Texas legislature, the term “emergent bilingual student” replaced the term of “limited English proficient (LEP) student” used in the Texas Education Code (TEC), Chapter 29, Subchapter B, and thus, changed the term of “English learner (EL)” used in 19 TAC Chapter 89, Subchapter BB. These terms describe a student who is in the process of acquiring English and has another language as the student's primary or home language. In the revised Texas Education Data Standards (TEDS), the terms of “emergent bilingual” and “English learner” have been bridged as EB/EL. It’s important to note that the term “English learner” is still used in federal regulations and guidance.

L1.2 What is the population of EB students in Texas?

Emergent bilingual students make up 24% of the total student population in Texas public schools, pre-kindergarten through twelfth grade. Most identified EB students in Texas have a primary language of Spanish (88.8%). The next prominent language codes in PEIMS for EB students are Vietnamese (1.4%), Arabic (1.05%), Other Languages (0.71%), Mandarin (0.6%) and Telugu (0.6%).

Resource(s)

Fact Sheet #1 - EB Demographics
Heat Map-Predominant Languages by District
PEIMS Standard Reports: EB/EL Student Reports by Home Language and Grade
PEIMS Standard Reports: EB/EL Student Reports by Category and Grade

L1.3 Are LEAs permitted to load state standardized letters (i.e., HLS) into an electronic enrollment or information system?

Yes, LEAs, or vendors acting on behalf of LEAs, may load the content of the required forms into the electronic enrollment or information system, however, the content of each of the letters must remain consistent. That is, no content can be added or omitted. The TEA logo or a statement clearly indicating the contents of the form must be included, per TAC 89.1215(b) and 89.1240(a)(3)(b).

Formatting changes of any kind should not impact the accessibility or readability of the letter(s) (e.g., character limit, dropdown menus, etc.). A paper copy of the standardized letters can be used until the LEA or vendor is able to properly upload the form.

Resource(s)

Standardized HLS

L1.4 How must LEAs implement the standardized letters requirement for bilingual programs?

As part of the amendments to Chapter 89, Subchapter BB, the state of Texas will now have ten standardized letters that will be used across the state when communicating with parents. LEAs, or vendors acting on behalf of LEAs, may use the required standardized letter(s) in paper or electronic format. The content of each letter must remain consistent. That is, no content can be added or omitted. The forms must include the TEA logo or a statement clearly indicating the contents of the form. Formatting changes of any kind may not impact the accessibility or readability of the letter(s).

Resource(s)

LPAC Standardized Letters

L2.1 When does the EB identification process begin? Can students served in an Early Education (EE) setting be identified as EB
students?

Upon initial enrollment in any three- or four-year old program, students must go through the state’s identification process. The student meeting the identification criteria will be identified as an EB student regardless of placement in a pre-kindergarten program or the EE setting. It is important to note that identification of students can happen at any grade level in the case of students who are entering a Texas school for the first time.

Resource(s)

Guidance on Identification and Placement of EB Students to Kindergarten

L2.2 How long do LEAs have to complete the identification process and how is this time calculated?

ESSA requires assurances that students are identified as EB/EL (or English Proficient, as appropriate) within 30 calendar days of enrollment [Elementary and Secondary Education Act of 1965 Public Law 115-141, as amended by the Every Student Succeeds Act (ESSA)]. TEC 29.056 requires Texas school districts to identify English learners within four calendar weeks of enrollment, which also fulfills the federal requirement. For students enrolling in the summer prior to the beginning of the school year, the identification process starts on the first day of school. If the student undergoing the identification process is eligible, the LPAC must make their recommendations for program placement and the parental approval must be sent. Instructional linguistic accommodations may also be addressed at this time. It is suggested that the signed parental approval form be received by the district within this time frame, as written parent or guardian approval is required in order for Bilingual Education Allotment (BEA) funds to be generated.

Note: A calendar week is not adjusted for school days missed, holidays, school-wide testing, or any variance in start/end day. Identification of emergent bilingual student requires testing by the LPAC as well as the convening of a meeting to review the student’s documentation and determine if the student is eligible for classification as an emergent bilingual student.

Best Practice Scenario

Masad:
Masad moved from California to Texas and his dad enrolled him at Liberty Elementary on Wednesday, August 14th. Mr. Quinteros, the school’s LPAC Coordinator, calculates that Masad must be identified and placed by September 11th. To calculate the four-week time frame according to Texas statute, Mr. Quinteros begins his four-week count on August 14th. August 21st marks the first week. August 28th marks the second week. September 4th indicates the third week. Finally, the fourth week, regardless of the Labor Day holiday, closes on September 11th. Mr. Quinteros begins preparation for the full identification process to ensure he finalizes the identification and placement of Masad in emergent bilingual services, should he qualify, by September 11th.

L2.3 What is the statewide assessment for identification of EB students?

The single statewide assessment for the identification of EB students is Data Recognition Corporation’s (DRC) LAS Links Battery of Assessments.

Resource(s)

LAS Links Texas

L2.4 Are Foreign Exchange Students (FES) eligible for Bilingual/ESL services?

Yes, LEAs must initiate the identification process for any student new to the Texas public schools to identify EB students and recommend appropriate program placement. These criteria and applicable outcomes of identification apply to foreign exchange students.

Resource(s)

LPAC Guidance: Beginning of the Year Procedures

L2.5 Are LEAs permitted to load state standardized letters (i.e., HLS) into an electronic enrollment or information system?

Yes, LEAs, or vendors acting on behalf of LEAs, may load the content of the required forms into the electronic enrollment or information system, however, the content of each of the letters must remain consistent. That is, no content can be added or omitted. The TEA logo or a statement clearly indicating the contents of the form must be included, per TAC 89.1215(b) and 89.1240(a)(3)(b).

Formatting changes of any kind may not impact the accessibility or readability of the letter(s) (e.g., character limit, dropdown menus, etc.). A paper copy of the standardized letters can be used until the LEA or vendor is able to properly upload the form.

Resource(s)

Standardized HLS

L2.6 What procedure should be followed for a student previously identified as an EB student who returns to Texas from out of state after several years?

If a student is classified as EB upon leaving Texas public schools, the identification remains in place when the student returns to the state. The student does not require a new HLS or retesting for identification. It is recommended that LEAs inform parents about the student’s identification and previous program placement. A new parental permission should be obtained if the student will participate in a different program going forward.

L2.7 What is the expectation if a family requires an HLS in a language not yet provided by TEA?

LEAs are required to ensure the information in the form is accurately presented in a language that is understood by the parent (TAC §89.1215(b)). An LEA may use a professional interpretation or translation service or employ fewer formal resources within the community.

Resource(s)

Standardized HLS
Texas Heat Map

L2.8 Does an LEA have to re-administer the HLS in the cases where the form was translated using local resources due to the form not being available in the parent’s understood language at the time of enrollment of the student, and for which TEA now has the form translated?

Yes, LEAs are required to administer an HLS for each new student enrolling for the first time in a Texas public school in pre-kindergarten through twelfth grade. The HLS administered at the time of enrollment will serve as the original and only HLS throughout the educational experience of the student in Texas public schools (TAC §89.1215(a)).

Resource(s)

Standardized HLS
Texas Heat Map

L2.9 How can LEAs make the resources hyperlinked in the digital HLS accessible to parents completing the paper HLS?

TEA has created an optional QR code page that can be included with any paper version of the required HLS to enable all parents to have access to the digital information.

Resource(s)

Standardized HLS
Texas Heat Map

L2.10 If a receiving LEA of a Texas transfer student obtains an outdated HLS, that is, an HLS dated after August 9, 2023, are they required to administer a new HLS?

No, if a transfer student enrolling in the receiving LEA on or after August 9, 2023, was administered an outdated HLS at the transferring LEA, the receiving LEA must honor the original HLS and any LPAC documentation from the transferring LEA. The receiving LEA may attach a dated blank copy to document their acknowledgment of the new HLS being in effect during that period. An HLS will be administered for each new student enrolling in a Texas public school in pre-kindergarten through twelfth grade. The HLS administered upon initial enrollment will serve as the original and only HLS throughout the educational experience of the student in Texas public schools (TAC §89.1215(a)).

Resource(s)

Standardized HLS

L2.11 Is a new HLS administered when a student transfers from one Texas public school to another and the sending district did not provide the original HLS to the receiving district?

No, an HLS does not need to be readministered, as there should be sufficient LPAC documentation from the sending district that shows the student was identified as EB. Examples of LPAC documentation include:

previous TELPAS scores
parental approval/denial forms
reports on student progress
prior PEIMS/Texas School Data System (TSDS) data

The receiving district should document that the original HLS is not included in the student’s cumulative folder, as well as document attempts to obtain the HLS, and reasons why the HLS could not be obtained (TAC §89.1215(d)).

Resource(s)

Standardized HLS

L2.12 What if a parent or guardian lists more than two languages other than English for one or any of the questions on the HLS?

Each question on the HLS may have more than one language listed for the language(s) used at home. If a parent, for example, answers any question with English, Spanish, or Mandarin the LEA shall ask the parent or guardian to indicate in writing or through documented phone conversation which of the two listed languages other than English is used most of the time. This clarification should occur in a timely manner so the identification process can be completed within the required four-week period. The new, standardized HLS form allows for a parent or guardian to list more than one language. If a language other than English is listed, this will initiate the identification process.

Resource(s)

Data Elements Reporting Requirements, DR 30, Student Extension

L2.13 Which language should be reported in PEIMS when two or more languages are indicated on the HLS?

LEAs are required to report the language other than English if multiple languages are indicated on question one or two of the HLS. LEAs must indicate the first language other than English if multiple languages are listed. LEAs are encouraged to contact the families to determine which language is most appropriate to enter into PEIMS.

Resource(s)

Data Elements Reporting Requirements, DR 30, Student Extension

L2.14 What are the district’s responsibilities when an EB student served in an elementary bilingual program enters a middle school in which only an ESL program is provided?

Moving from an elementary bilingual program to a middle school ESL program is considered a change in program placement. A new parental approval will be required for the new program. It is advised that the district establish a system in which middle schools coordinate with their feeder elementary campuses to place the incoming EB students into appropriate ESL classes. It should be noted that the parent or guardian of the student is a primary stakeholder in the child’s education and should be an active participant in the decisions made about their child’s educational program. When consulting with the parent or guardian about the change of service, and completing the required standardized letter, LEAs should communicate to the student and parent or guardian the reason for the change of program as a continuation of services, how the new program services will look, and how to best support the student through the transition to a new program. Districts should not utilize the standardized form used for parental denial of a bilingual program and approval of ESL services.

Resource(s)

Change of Service to ESL

L2.15 At the elementary level, if the class size for the bilingual education program is small, can the EB students in the bilingual program be combined with EB students in the ESL program or with non- EB students in another general education classroom?

No. For EB students, the LPAC has recommended program placement based on individual student needs as well as district requirements, and the students’ parents or guardians have consented to bilingual or ESL program placement. Since the goals, language of instruction, and teacher certification requirements differ among bilingual and ESL programs, multiple programs cannot be implemented with fidelity within the same classroom.

Additional factors that would impede the joining of bilingual and ESL programs in this situation include EB students participating in ESL with a primary language other than the language of the bilingual program and EB students participating in ESL with a parental denial of the bilingual program that have accepted ESL program placement.

To include non-EB students in a bilingual program, there must be intentional design and parental approval. The bilingual program model designed for non-EB student participation is the two-way dual language immersion program model. It is the district’s discretion (and should be clearly outlined in district policy) to allow a non-EB student to participate in any other bilingual or ESL program model with parental approval.

While it is common and appropriate for EB students in an ESL program to receive program services alongside non-EB students in the same general education classroom, non-EB student participation in a bilingual program must be part of an intentional instructional design to align with bilingual program model goals, including dual language immersion instruction.

L2.16 What are the requirements for EB students with parental denial of program participation?

EB students with parental denial of program participation cannot

participate in a bilingual or ESL program
participate in required summer school programs for emergent bilingual students (TAC §89.1250)

EB students with parental denial of program participation must:

receive instruction in ELPS across all content areas
have access to classroom linguistic accommodations commensurate with the English proficiency level of the student
take the TELPAS annually until reclassification criteria as English proficient is met.

Students whose parent or guardian has denied services must also be reviewed by the LPAC to measure linguistic and academic progress and this information must be communicated to the parent or guardian. Additionally, the students must be reclassified as English proficient when reclassification criteria is met, and they must enter two years of monitoring by the LPAC after reclassification and enter an additional two years of monitoring in PEIMS for federal purposes.

L2.17 If a student qualifies to participate in a pre-kindergarten program based on identification as EB by the LPAC but the parent or guardian denies bilingual and ESL services, can the student still participate in the pre-kindergarten program?

Yes, eligibility for the pre- kindergarten program in this case is based on identification as EB and not on participation in a bilingual or ESL program.

Resource(s)

TEA Early Childhood Education FAQs for Prekindergarten Program
Student Attendance Accounting Handbook, Section 7

L2.18 If English is indicated on questions 1 and 2, but a language other than English is indicated on question 3, how will it be reported in PEIMS?
(Fatal Edit 40100-0154 states that if a student speaks English and English is the language spoken in their home, then the student must not be reported as Emergent Bilingual.)

If a language other than English is listed for questions 2 or 3, LEAs are guided to report the language other than English for the student language. Additional information can be found in the Data Element Reporting Requirements, DR 30 in the Student Extension complex type.

L3.1 Can a parent or guardian request for their child to opt out from the administration of the TELPAS?

No, a parent or guardian cannot opt their child out of taking the TELPAS, including for EB students who are not participating in a bilingual or ESL program due to a parent denial of services. State and federal requirements to measure identified emergent bilingual student’s language development in English proficiency is met by administering the TELPAS.

L3.2 What is the statewide assessment for the norm-referenced achievement test portion of the EB/EL reclassification criteria?

The Riverside Insights Iowa Assessment, Form F, is the statewide assessment for the norm-referenced achievement test portion of the EB/EL reclassification criteria.

Resource(s)

Riverside Insights Texas, Iowa Assessments

L3.3 For the English Language Proficiency Assessment portion of the EB reclassification criteria, can the TELPAS composite score be utilized to meet this criterion?

Yes, an EB student needs to reach a Composite Advanced High score on TELPAS for the domain of Listening, Speaking, Reading, and Writing to meet the English Language Proficiency Assessment portion of the reclassification criteria.

Resource(s)

Emergent Bilingual Reclassification Criteria Chart
District and Campus Coordinator Resources-TELPAS Results

Best Practice Scenario

Anabel:
Anabel attends Liberty Elementary School. Anabel passed the reading and math STAAR in Spanish at a masters level in 3rd and 4th grade. The TELPAS scores for the past years demonstrate English language development at Advanced in the Speaking and Writing domains, and Advanced High in Reading and Listening. This year, Anabel is taking the 5th grade English STAAR reading with no designated supports. Based on the new reclassification criteria, data of academic and linguistic growth, taking STAAR with no designated supports, and the teacher's subjective evaluation the LPAC recommends Anabel for reclassification in May and obtains all signatures for the EOY LPAC, notating that this reclassification is pending a composite score of Advanced High on TELPAS and passing of English STAAR reading. Upon receiving the assessment results, prior to releasing the students for summer break, Mr. Quinteros is able to close out the EOY LPAC.

L3.4 What are the appropriate PEIMS codes for English proficient (i.e., reclassified EB) students participating in a DLI one-way program at the elementary level? What are the appropriate PEIMS codes for English proficient (reclassified EB) students and non-EB students participating in a DLI program that extends into middle and high school levels (secondary)?

A bilingual program must be classified within PEIMS reporting to identify the program in which EB students are participating and to monitor and account for receiving specialized instruction. (TEC §29.066). English proficient (reclassified EB) students continuing in a DLI one-way program after reclassification shall be coded under Bilingual Program Type code (5): Dual Language Immersion/One-Way through the duration of elementary grades to adhere to TEC §29.053, collecting a full range of data to determine program effectiveness and to ensure student academic success.

English proficient (reclassified EB) students and non-EB students whose DLI one-way or two-way programs have extended to secondary shall be coded in the Bilingual Program Type code table as:

Dual Language Immersion/Two-Way (4) if students from both one-way and two-way DLI programs will feed to the same middle school and receive instruction together.
Dual Language Immersion/One-Way (5) if EB students from one-way programs will be the only students participating in the middle school DLI program.

Resource(s)

Descriptor Table Guide for Bilingual and ESL Programs

L3.5 What action should be taken when a student has met reclassification criteria, however, no signed Parental Notification of Reclassification has been received?

A student who has met reclassification criteria as English proficient and has been recommended to exit the bilingual or ESL program by the LPAC must remain in the bilingual or ESL program until parental approval for program exit has been obtained. This guidance refers to the period from when a notification of exit has been sent to the time at which parental approval has been obtained. Parental approval for exit can be obtained in writing by a documented phone conversation from a verifiable telephone number or by a verified email. Verification of phone number or email address is obtained through associated student records.

Resource(s)

Emergent Bilingual Reclassification Criteria Chart

L3.6 Can meeting a passing standard on the English I or II EOC exam for 11th or 12th grade students qualify for the state standardized English Reading part of the reclassification criteria instead of the norm-referenced standardized achievement test?

No. An EB student can only be reclassified as English proficient when they have met all critical components for their grade level. In 11th and 12th grades, the State Standardized English Reading component of the reclassification criteria is fulfilled by meeting at or above the 40th percentile in Reading and Language on the state-approved Norm-Referenced Standardized Achievement Test.

L3.7 Can substitute assessments be used in place of either the English I EOC or the English II EOC on the EB/EL Reclassification Criteria Chart?

An approved assessment such as ACT, SAT, PSAT, Evidence-Based Reading and Writing, or Reading/Writing assessment may be used in place of either the English I EOC or English II EOC, but not both, for the grades in which the English I and II EOCs area applicable on the EB/EL Reclassification Criteria Chart. (TAC §101.1003)

Resource(s)

Emergent Bilingual Reclassification Criteria Chart

L3.8 Can students who have met reclassification criteria continue in a bilingual or ESL program, and if so, what is the appropriate PEIMS coding?

Yes. If an EB student meets reclassification criteria, they can continue participating in the bilingual or ESL program with parental approval. Typically, this would be most applicable for students participating in a dual language immersion (DLI) program, due to the design of the program. In fact, based on the nature of the program, a one-way or two-way DLI program is the only type of program for which the LPAC would recommend continuation after reclassification. It is important to note that English proficient/non-EB students enrolled in bilingual, or ESL programs cannot exceed 40% of the total number of students enrolled in the program district-wide (TAC §89.1233).

Resource(s)

Emergent Bilingual Reclassification Criteria Chart
Descriptor Table Guide for Bilingual and ESL Programs

L4.1 How often should LPAC meetings be held?

LPAC meetings must be held within four calendar weeks of a student’s initial enrollment in Texas public schools for identification and placement or for review of documentation from a previous Texas LEA. They must also be held prior to state assessments for determination of appropriate assessments and designated supports and at the end of the year for annual review and for the following year’s placement decisions. LPACs may also need to meet throughout the year, as needed, to discuss student progress.

L4.2 Are digital/electronic signatures permissible for both parent or guardian and LPAC members on any LPAC documentation such as the HLS, parental approval, LPAC meeting documentation, etc.?

Yes, digital or electronic signatures are permissible, if it complies with the rules adopted by the governing body (e.g., school board, TEA). A “digital signature” is defined as “an electronic identifier by the person using it to have the same force and effect as the use of a manual signature.” (Government Code, §2054.060(e)(1)). In the event of an agency audit of an LEA’s Bilingual or ESL program, or when transferring records to another LEA in which the student enrolls, the LEA needs to be able to provide documentation to the agency or to the receiving LEA that the documentation (i.e., HLS, parent approval, etc.) for the student was signed by the appropriate party, regardless of the method used.

L4.3 Where should the LPAC place documentation related to EB students (i.e., “emergent bilingual folder”)?

The LPAC is responsible for maintaining student documentation of all actions impacting EB students. It is required that the documentation be kept in the student’s permanent record. In the educational context, the student’s permanent record is often referred to as their cumulative folder. The documentation maintained shall include (TAC §89.1220(l)(1)):

original HLS
identification of the student as an EB student
designation of the student’s level of language proficiency
recommendation of program placement
parental approval or denial of placement into the program
date of placement in the program
assessment information
additional instructional linguistic accommodations provided to address the specific language needs of the student
date of reclassification and date of exit from the program with parental approval
the results of monitoring for academic success, including students formerly classified as EB students.

L4.4 What is the retention schedule for LPAC records?

The retention schedule for LPAC records begins the cessation of services and ends five years following reclassification, including the two years of monitoring.

Resource(s)

Texas State Library and Archives Commission: Local Schedule for School Districts, Section 3-2: Bilingual and Special Language Program Records

L4.5 Do LPACs have full monitoring responsibilities, such as meeting to review progress for students who are in years three and four of monitoring after reclassification?

For students who are in years three and four of reclassification, the LPAC does not have full monitoring responsibilities as with students in years one and two of reclassification. The LPAC’s only responsibility for students in years three and four of monitoring is to report their status in PEIMS. These data are collected in PEIMS in compliance with federal accountability requirements under ESSA.

L4.6 What is the purpose of the Former EB/ESL Student code in the PEIMS Emergent Bilingual Indicator code table, and what is the responsibility of the LPAC for these students?

The PEIMS Emergent Bilingual Indicator Code 5 is to be assigned to former EB students who have completed their fourth year of monitoring after reclassification. This code 5 former EB/EL status will apply to the student for the remainder of their school years in Texas. The LPAC is not responsible for monitoring these students. With this code, an LEA will be able to track the progress of former EB students to evaluate the effectiveness of the district’s bilingual and/or ESL programs. The code was first implemented during the 2019-2020 school year.

L4.7 Who is responsible for sending Parental Notification of Student Progress to the parents or guardians of EB students participating in bilingual or ESL programs? When are they sent, and what is the purpose of the reports?

Parental reports for EB student’s linguistic progress are provided within the first thirty days of the school year by the LPAC. The purpose is to ensure parents are informed about their student’s language acquisition progress and the continued placement within bilingual and ESL programs.

Best Practice Scenario

Daniel:
Daniel is 6th grade emergent bilingual student at Coral Springs Elementary Public Charter School. Ms. Cruz, Daniel’s mother, is eager to know if Daniel has met reclassification criteria, as this LPAC decision will impact what middle schools she chooses to enroll Daniel for 7th grade.

Although the state has not made the STAAR or TELPAS scores available, the LPAC uses a system for end of year planning that helps them strategically make end of year decisions, such as a reclassification, before the end of the school year and before scores become available. For example, they hold the PK and K end of year meetings first, followed by the 1st and 2nd grade LPACs, once they have the IOWA results, as well as the 3rd through 5th grade Spanish STAAR takers. Subsequently, they look at teacher’s subjective evaluations against historical TELPAS scores, and in many cases additional data, like reading and writing district assessment data, to determine whether a student is likely to reclassify.

For dually identified students, the LPAC also considers any testing accommodations and/or designated supports used and whom they were recommended by to make appropriate predictions. By using this strategic planning approach and thorough review of the surrounding data, the LPAC is able to collaborate with Daniel’s mother to share that Daniel’s bilingual education teacher believes Daniel would continue to benefit from language supports as he is struggling to access grade-level curriculum without them. She also shares that Daniel was unable to demonstrate proficiency in the grade level reading TEKS assessed by the district’s End of Year assessment, having scored in the below average range, and that historical TELPAS indicates he may be in the Beginning to Intermediate level across the domains assessed. While this is not a final decision as the LPAC must review STAAR and TELPAS data for Daniel, early review points to Daniel being not ready for reclassification, this year.

L5.1 Can an LEA concentrate the bilingual or ESL program at a limited number of schools within the district in order to provide the bilingual or ESL program? If so, is transportation required?

Yes, LEAs can operate their bilingual or ESL program on specific campuses within the district for the purpose of combining resources to support a full and effective program. The decision whether to provide transportation to these campuses is a local decision. However, it is important that districts provide equal educational opportunities to every student and in recognition of the educational needs of EB students (TEC §29.051). Typically, districts provide ESL program services at all campuses where EB students are enrolled and are more likely to concentrate their bilingual program on specific campuses to maximize staff and resources. In an LEA that is required to offer the bilingual program, the parent of an identified EB student in the elementary grades must be offered the bilingual program, even if the program is provided on a campus other than the child’s home campus. If the parent chooses to remain at the campus without the bilingual program, the parent will need to deny the bilingual program and accept the ESL program provided at the home campus. LEAs are encouraged to analyze relevant data trends periodically to ensure campus program offerings are effective and accessible to EB students.

L5.2 What does alternative language program code mean, and what are the associated PEIMS codes?

The alternative language program (ALP) code is a PEIMS code used to identify students who are temporarily receiving alternative methods of instruction when an LEA is unable to provide a bilingual program or ESL program due to the LEA not having sufficient number of appropriately certified teachers. LEAs will have filed an application for a bilingual exception and/or ESL waiver to the TEA, to approve the implementation of temporary alternative methods to meet the needs of the EB students. The temporary alternative methods should align as closely as possible to the district’s intended bilingual or ESL program. The alternative methods must include methods for meeting the affective, linguistic, and cognitive needs of the EB students, and the manner through which the EB students will be given opportunity to master the TEKS and ELPS.

Resource(s)

Alternative Methods
Descriptor Table Guide for Bilingual and ESL Programs

L5.3 Can students who are non-EB/English proficient participate in bilingual education?

If an LEA and parent or guardian approve, the students who are not identified as EB may also participate in bilingual with the understanding that the integrity of the bilingual program model is upheld (TAC §89.1233). The number of participating students who are not EB may not exceed 40% of the number of students enrolled in the program districtwide. It is important to emphasize that 60% EB student and 40% non-EB/English proficient student participation refers to the district wide program and not the campus or classroom level implementation. LEAs may consider their unique context when making decisions about participation of non-EB students in bilingual education as these decisions are made at the local level.

L5.4 What is the appropriate procedure for a student who registers at their zoned campus (home campus), is identified as EB, and is eligible for placement in the district’s bilingual program, but the bilingual program is located on another campus?

The LPAC at the home campus:

includes the LPAC administrator, an ESL certified teacher, and an LPAC parent. It is not necessary to include a bilingual certified teacher if one is not present on the home campus.
should be able to explain the benefits of the bilingual program and why it is recommended for the student. Parents/guardians must be fully aware of access to and benefits of the bilingual program to make an informed decision.
should not hesitate to recommend the bilingual program even though it is not offered on the home campus. There should be a district procedure for connecting the family to the appropriate bilingual campus (clear communication between the two campuses, busing information, knowledge about exact location of bilingual campus, etc.).
should not present both the bilingual and ESL program simultaneously to the parents, especially when both programs are not available on the home campus, because bilingual and ESL program placement is an LPAC recommendation. The LPAC should make its recommendation based on the best program for the student, not the program’s location.

If parents-

accept bilingual program placement, district systems should ensure a smooth transition between the home and bilingual program campus.
deny bilingual program placement, denial of program services paperwork should be signed. Then, the home campus should explain the benefits of the ESL program provided on the home campus and offer parents the opportunity for ESL program participation.

If ESL program participation is accepted, the student’s PEIMS Parental Permission Code will be (A) for denying bilingual program participation and accepting ESL participation.
It is important that the school district continues to remind parents of the opportunity for participation in the bilingual program, and if/when the bilingual program comes to the home campus, the district ensures the student’s parents understand their child’s right to access it.

L5.5 How are DLI programs implemented at the middle and high school levels? What are the certification requirements for DLI
teachers at secondary, and is a bilingual exception needed if securing appropriately certified teachers is an obstacle?

As per TAC §89.1205 (g), districts are authorized to establish a bilingual program at grade levels beyond elementary school, including DLI programs. When a district opts to provide bilingual programming at the secondary levels, it is required to adhere to all program requirements as described in §§89.1210, 89.1227, 89.1228, and 89.1229. The secondary level refers to grades 6-12 or 7-12. In some instances, 6th grade is not considered secondary when it is clustered with the elementary grades.

In DLI program models (one-way and two-way), as per TAC §89.1210 (c)(3) and (4), instruction in the partner language never falls below 50% of the overall instructional time. At the secondary level, the minimum expectation for DLI instruction in the partner language equates to 50% of the total number of core content periods, e.g., two courses per academic year delivered in the partner language. In summary:

a minimum of two courses to be provided in the partner language at each grade level for the duration of the secondary DLI program and
a minimum of one language/literacy/communication course to be provided in English at each grade level for the duration of the DLI program.

Secondary DLI Programs
Minimum Yearly Coursework for DLI Program Students

2 Courses in Partner Language	1 Course in English
Course 1: Language/literacy (e.g. Spanish Language Arts, PreAP/AP Spanish Language, PreAP/AP Spanish Literature, etc.) Course 2: District-determined content course (math, science, social studies)	Course English Language Arts/Reading (ELAR), and other related English language/ literacy/communications course (e.g. ESOL 1, ESOL 2, speech, debate, journalism, etc.)

Certification Requirements for DLI Program Teachers

All DLI teachers	DLI teachers instructing in partner language:	DLI teachers instructing in English:
Certified for content area/grade level	Also certified in bilingual education	Also certified in bilingual education or ESL TAC §89.1210 (c)(3) and (4)

The secondary DLI program implementation guidance reflects best practices identified in the research, namely:

Provision of language/literacy/communications instruction in the partner language and in English at every grade level to address the DLI program bilingualism/biliteracy goal
Flexibility in elective programming to encourage local decision-making, promote responsiveness to local needs, and allow for student choice, which are all practices associated with DLI program sustainability at the secondary level

If a district does not have the appropriately certified staff to implement the secondary DLI program, the district shall apply for a bilingual exception in accordance with TAC §89.1207. This requirement applies to teachers assigned to deliver instruction in the partner language (bilingual exception for a teacher lacking the appropriate bilingual certification) and to teachers assigned to deliver instruction in English (bilingual exception for a teacher lacking the appropriate ESL certification).

Resource(s)

DLI Program Overview

L5.6 Can students who participate in a Dual Language Immersion (DLI) program have the opportunity to obtain the Languages other than English (LOTE) credit?

Yes. TAC §74.12(b)(5)(F) provides the requirements for students who have successfully completed a DLI two-way or one-way program in accordance with TAC §89.1210(c)(3) and (4), TAC §89.1227, and TAC §89.1228 at the elementary level to satisfy one credit of the two LOTE credits required in a language other than English. Successful completion includes students who have:

participated in a dual language immersion program for at least five consecutive school years,
achieved elevated levels of academic competence as demonstrated by performance of meets or masters grade level on the STAAR in English or Spanish, as applicable,
achieved proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.

LOTE credit for completion of a dual language immersion program at the elementary level may not be awarded retroactively, meaning the credit must be awarded at the time of completion of the above requirements.

L5.7 Does Texas offer a Seal of Biliteracy?

No, Texas offers a performance acknowledgment for bilingualism and biliteracy as indicated in TEC §74.14. An LEA may opt to offer a locally developed Seal of Biliteracy.

Resource(s)

TEC §74.14
Seal of Biliteracy, Texas, outside source

L5.8 What is the difference between early-exit and late-exit transitional bilingual (TBE) programs?

Both early-exit and late-exit programs are required for all elementary grades PK-5 or 6 if clustered with elementary grades (TAC §89.1205(a)). Early-exit programs decrease the number of instructional minutes in the primary language at a more rapid pace than late-exit programs, therefore increasing the number of English language instructional minutes. TAC §89.1210 (c)(1) and TAC §89.1210 (c)(2) define transitional bilingual program models as follows:

Early-exit TBE is a bilingual program model in which EB students are prepared to meet reclassification criteria no earlier than two or later than five years.
Late-exit TBE is a bilingual program model in which EB students are prepared to meet reclassification criteria not earlier than six or later than seven years.

Regardless of program model, a student may not exit until all reclassification criteria have been met, the LPAC has recommended reclassification and exit, and parental approval for exit has been obtained. For example, an EB student participating in an early-exit program may not be prepared to meet reclassification criteria in as few as two years and has the right to access the bilingual program until reclassification. EB students should not transfer from a TBE program to an ESL program within the elementary grades when a bilingual program is required.

Resource(s)

Identification and Reclassification Flow Chart

L5.9 What is the difference between DLI one-way and two-way program models?

According to TAC §89.1227, both DLI one-way and two-way programs provide at least 50% of the instruction in the partner language at all grade levels for the duration of the program, however, they differ only based on the population of students participating. Per §89.1210 (c)(3) and (4), a one-way DLI is a bilingual/biliteracy program which provides instruction in the partner language and English to identified EB students. Most of the participants in a one-way DLI program are identified EB students but may include former EB students who have reclassified as English proficient (EP). The participation of reclassified EP students in a one-way DLI program does not make it a two-way DLI program, particularly at elementary grades. A two-way DLI is a bilingual/biliterate program which provides instruction in the partner language and English to balanced numbers of identified EB students and non-EB students with intentional design from the start of the program. A two-way DLI program strives to maintain a ratio of 50% EB students to 50% non-EB students and has no more than two-thirds speakers of one language to one-third speakers of the other language in each classroom (Howard, et al., 2018). This balance allows for cross-linguistic pairing of students.

L5.10 How many minutes are required for an ESL pull out program?

There is not a requirement for a minimum number of minutes for an ESL pull-out program model. It is up to the district to ensure the amount of time provided to EB students participating in the ESL pull-out program is equal to the ELAR instruction of non-EB students. It is important to note that if students are physically pulled out of the classroom for ESL support, EB students should not be taken out of content instruction nor should EB students lose access to subjects such as art, music, and physical education.

L5.11 What is content-based language instruction (CBLI), and what is its role in programs for EB students?

CBLI is an integrated approach to language instruction in which language is developed within the context of content delivery that is linguistically responsive and can be implemented in bilingual and ESL program models. Sheltered instruction is a similar term used to describe instruction that makes content comprehensible while supporting language development. However, CBLI emphasizes the targeted and intentional methods used to meet the affective, linguistic, and cognitive needs of EB students (as described in TAC §89.1210(b)) through the medium of content in the students’ primary language and/or English. Additionally, CBLI connects to the linguistically accommodated content instruction mentioned in the ELPS (TAC §74.4(b)) by encompassing language-focused methods that are communicated, sequenced, and scaffolded.
Content-based language instruction:

applies to all programs for EB students (bilingual and ESL)
applies to any language of instruction (primary/partner language and English) is part of Tier I instruction
holds high expectations at grade level in each content area, and encompasses an additive bilingualism approach

Resource(s)

TXEL CBLI

Best Practice Scenario

Jamelly:
Jamelly is a middle school student at Liberty Middle School. She demonstrates listening and reading comprehension skills that are nearing but not yet comparable to non-EB grade-level peers. Jamelly’s ESL teacher, Ms. Amador, provides push in support to Jamelly in her ELA class. Jamelly’s ELA teacher went on maternity leave and has been temporarily covered by a substitute, Mr. Aparicio. Mr. Aparicio, Ms. Amador, and Ms. Brea, the ELA instructional coach, meet during their shared prep time to discuss Jamelly’s language needs, and that of other students who are served in the ELA classroom. Ms. Amador is pleased to know that the principal has designated the instructional coach to support Mr. Aparicio in methods for implementing Content-Based Language Instruction. Specifically, Ms. Brea, will be developing detailed lesson plans that will be reviewed with Mr. Aparicio and Ms. Amador to coordinate supports and services to students that are emergent bilingual. They will collectively focus on a few strategies and maintain observational data on the use of those strategies to assess the impact of the supports. Although students have been using sentence frames, Ms. Brea suggests making these visible and universally accessible so students who want to share orally can leverage them consistently and without a raised affective filter. They also decide that a top priority is to deliver instructions concisely and with the use of icons that are predictable and understood by the students to ensure that clarity of instruction is not a barrier to the student’s performance. Lastly, they will collectively identify connections to prior knowledge in the lesson plans based on Ms. Amador’s intimate knowledge of the students she serves and taking action to explicitly bridge the potential misconceptions or gaps in the knowledge through priming activities or frontloading activities.

L5.12 What is the difference between ELLA, ESOL, and ELDA courses, and how should they be used?

ELLA, ESOL, ELDA are optional for use in supporting EB students. ESL program requirements are not based on the use of these courses, rather by the implementation standards set in TAC §89.1210 (d). ELLA and ESOL are not restricted by students’ English language proficiency levels.

English Learners Language Arts (ELLA) course is an optional substitute course for English Language Arts and Reading (ELAR) for EB students in grades 7 and 8. The ELLA TEKS (TAC §128.22 for grade 7 and TAC §128.23 for grade 8) address all the TAC Chapter 110 English Language Arts and Reading TEKS for grades 7 and 8 and have additional student expectations to support second language acquisition.
English to Speakers of Other Languages (ESOL) I and II are optional substitute courses for English I and English II respectively for EB students. The ESOL TEKS (TAC §128.34 for ESOL I and TAC §128.35 for ESOL II) address all the TAC Chapter 110 English Language Arts and Reading TEKS for English I and II and have additional student expectations to support second language acquisition.
English Language Development and Acquisition (ELDA) course is to be taken concurrently with a corequisite language arts and reading course. The recommended corequisites are ESOL I and ESOL II, though the course may be paired with other state-approved English or Spanish language arts and reading courses as appropriate. The ELDA TEKS (TAC §128.36) have been designed to provide instructional opportunities for recent immigrant students with beginning levels of English proficiency. The ELDA course satisfies elective credit requirements for graduation. Students may take this course with a different corequisite for a maximum of two credits. LEAs can use ELDA at the middle school level, paired with ELAR or ELLA, and students can receive high school credit for it.

Resource(s)

For more information or questions related to the ELLA or ELDA courses, contact the TEA Curriculum division at instructional.materials@tea.texas.gov.

For information on instructional materials for these courses, contact the TEA Instructional Materials Division at instructional.materials@tea.texas.gov.

L6.1 Do special education teachers of EB students need to be bilingual or ESL certified?

The special education teacher would not need to be bilingual or ESL certified if the teacher pushes into the student’s general education bilingual or ESL classroom. They also do not need to be bilingual or ESL certified if the student is served through a resource time that does not make up the entire instructional period, and where the student has access to the bilingual or ESL program through the appropriately certified bilingual/ESL classroom teacher. If the EB student is served in a self-contained special education classroom where all content instruction is delivered by the special education teacher, then the teacher of the self-contained special education classroom must also be appropriately certified to provide bilingual or ESL program services. Therefore, if the self-contained special education teacher in this case is not appropriately certified, a bilingual exception or ESL waiver would need to be filed for this classroom.

L6.2 Can the administrator in an ARD committee meeting for an EB student who also receives special education services perform the role of the ARD committee administrator and the role of the LPAC representative simultaneously?

No, the administrator in an ARD committee meeting cannot serve a dual role, however, a general education or special education teacher may serve in a dual role as the LPAC representative in an ARD committee meeting (TAC §89.1050(c)(1)(J). The best representative of the needs of the EB student on the ARD committee is the bilingual or ESL educator from the LPAC that directly instructs the student and has detailed knowledge of the student’s linguistic needs and strengths.

Best Practice Scenario

Marlene
Marlene is a 6th grade student at Liberty Middle. She is identified as an emergent bilingual student and is served by special education. Marlene is served in an ESL pull-out program model. The ARD committee is comprised of the parent, Mr. Cisneros, Marlene’s Special Education teacher, Ms. Ponce, the Assistant Principal, serving as the administrator, Ms. Joyner, Marlene’s Math teacher, serving as the general education teacher, Ms. Lopez, Marlene’s ELAR teacher who is ESL certified, serving as the LPAC representative, and Mr. Gonzalez, Marlene’s Communities in Schools mentor. Although Ms. Ponce is a member of Liberty Middle School’s LPAC, for the purposes of Marlene’s IEP meeting, she will serve only as the ARD committees administrator, allowing Ms. Lopez, who has detailed knowledge of Marlene’s linguistic needs and strengths, to serve as the LPAC representative on the ARD committee.

L6.3 Can ARD committee decisions override LPAC decisions?

No. For a student who is EB and is also served by special education, the ARD Committee, which includes the required LPAC representative, must consider the language needs of the student (CFR §300.324(ii)). All members of the ARD Committee must have the opportunity to participate in a collaborative manner in developing the IEP (Individualized Education Plan) (TAC §89.1050(g). The LPAC is responsible for facilitating the participation of EB students in other special programs for which they are eligible, while ensuring full access to the language program required under the TEC §29.053. The ARD Committee must develop an IEP that considers the student’s academic, developmental, functional and communication needs. Additionally, the ARD committee will make decisions regarding assessment, program services and instruction. It is important that a dual-identified student be offered the legally required specially designed instruction, as well as be offered the opportunity to exercise their right to a bilingual education as outlined in the law. The LPAC offers a critical lens into the strengths and needs of the student that can support the development of a holistic IEP to appropriately serve the dual-identified student. Similarly, the LPAC must coordinate with any other special programs for which the EB student is eligible, including Section 504, advanced academics and gifted and talented, while ensuring that EB students have full access to language program services.

Resource(s)

Guidance Related to ARD and LPAC Collaboration
Guidance on Identification and Reclassification of Dually Identified Students

L6.4 How is the identification assessment administered for students who are non-verbal, deaf, and/or visually impaired?

An attempt must be made to administer the English language proficiency assessment for identification. If no response or a response other than English is provided, the trial is scored as a non-fluent score. The assessment should be included in the LPAC documentation. Currently, there are no allowances for alternative identification assessments under Every Student Succeeds Act (ESSA).

Resource(s)

Texas preLAS/LAS links Identification Assessment FAQs
LPAC Guidance for Deaf and Hard of Hearing (Video and PowerPoint)

L6.5 Can the ARD committee, in conjunction with the required LPAC representative, determine that an EB student who receives special education services will not participate in the bilingual or ESL program?

No, an EB student who receives special education services cannot be limited from access to the appropriate bilingual or ESL program. Formal or informal policies or procedures of “no dual services” including only permitting students to receive either EB services or special education services, but not both, are not permissible. Similarly, as required under the Individuals with Disabilities Education Act (IDEA) 2004, LEAs must provide timely evaluations to any student suspected of having a qualifying disability, including students who are EB. If a parent or guardian of an EB student with a disability declines services under the IDEA or Section 504 of the Rehabilitation Act, that student remains entitled to all EB rights and services.

Resource(s)

English Learners Dear Colleague Letter (DCL), pages 24-25 (January 2015)

Best Practice Scenario

Ahn

Ahn is a 3rd grade student who recently moved from Illinois and enrolled at Liberty Elementary School over the summer. Ahn will be served by special education as a student with an intellectual disability and a speech language impairment. On the Vietnamese version of the HLS, the mother indicated Ahn’s primary home language is Vietnamese, triggering the emergent bilingual identification process. The LPAC has four weeks from the first day of school to finalize identification and placement should Ahn be found to be eligible for bilingual education services. The IEP team at Liberty needs to hold the Ahn’s first IEP meeting within 30 days of transferring from outside the district. To kickstart the collaboration, Mr. Quinteros, the LPAC coordinator, reaches out to Ms. Amada, the Special Education chair, to schedule a series of collaboration meetings over the next few weeks to ensure both of their timelines are met and the student is adequately served.

L6.6 How is the identification assessment of EB students utilized for students with a significant cognitive disability?

If a student’s language ability in English is so limited or the student’s disabilities are so severe that the English language proficiency assessment for identification cannot be administered, the LPAC, in conjunction with the ARD committee, serves to identify the student as EB. (TAC §89.1226 (h)). Maintaining a lens of operating in service of the student and engaging the parents and families early in the discussions is imperative to decision-making. The assessment should be maintained in the LPAC documentation. Currently, there are no allowances for alternative identification assessments under Every Student Succeeds Act (ESSA).

Resource(s)

Texas preLAS/LAS Links Identification Assessment FAQs

L6.7 If an EB student has met all curriculum course requirements for graduation, but is enrolled in school for special education transition services only, is the student required to take TELPAS?

No. If an EB student has met course requirements for graduation and is only receiving transition services through special education, they are not required to take TELPAS. A student that is only receiving transition services is not coded in the K-12 grade level. Similarly, if an EB student has met all curriculum course requirements for graduation but is in school only for EOC completion requirements, the student will not be required to take the TELPAS. TELPAS is only required for EB students enrolled in grade K-12.

L6.8 Can EB students who also qualify to receive special education services use different criteria for reclassification?

Districts are required to use the current year’s EB/English Learner Reclassification Criteria Chart (TAC §89.1226 (i)). This standardized criteria for reclassification applies to most EB students who are also eligible for special education services. In rare cases, an EB student with a most significant cognitive disability who is receiving special education services may qualify to be reclassified using criteria permitted under TAC §89.1226(m). Only students that meet the eligibility criteria noted on the STAAR Alternate participation requirements shall be considered for this individualized reclassification process. The individualized reclassification process of EB students with a significant cognitive disability begins as early in the current school year as possible to be utilized within that school year or at the end of a school year to be applied in the next school year. For students in 1st and 2nd grade, the TEA approved norm-referenced standardized achievement test: Iowa, is used to determine the satisfactory performance.

Resource(s)

Emergent Bilingual Reclassification Criteria Chart
Alternative Subjective Teacher Evaluation Form
Guidance on Identification and Reclassification of Dual Identified Students

Best Practice Scenario

Jubilee:

Jubilee is a student with an intellectual disability that receives special education services and bilingual education services. The ARD committee has identified that Jubilee is a student that qualifies as a student with a most significant cognitive disability. In line with Texas statute, the ARD committee, in conjunction with the LPAC, decide that Jubilee will be eligible for the individualized process reclassification. As a first decision, they indicate that Jubilee will take the TELPAS Alternate and STAAR Alternate 2. They also decide that in order for Jubilee to be eligible for reclassification, she must be able to score at a Developing Independence across all four domains. Additionally, she will have to score at a Level II Satisfactory in the STAAR Alternate 2.

L7.1 Are there grading exemptions for newcomers who are also identified as EB students who have recently enrolled in U.S. schools?

Grading policies are determined and adopted at the local level. Per TEC, §28.0216(1), grading exemptions for newcomer EB students are not appropriate. For newcomers who are also EB, the focus should be on instructional assessment practices that facilitate access to the curriculum and opportunities for varied methods for demonstrating content knowledge. Beginning levels of English language proficiency should not be a basis for failure or retention.

Resource(s)

U.S. Department of Education’s Newcomer Toolkit
Newcomers in Texas Flyer

L7.2 Can newcomers who are EB be exempted from taking the STAAR?

No, EB students cannot be exempt from taking STAAR, including newcomer students. However, if an identified EB student in grades 3-8th is documented as an unschooled asylee or refugee in his or her first year in U.S. schools, the student can be exempt for that first school year as determined by the LPAC (TAC §100.1005(c)(3)(e)).

L7.3 How are the grade levels, course schedules, and bilingual/ESL program placement handled for newcomers who are EB students, particularly those at the secondary level with little prior schooling documentation and beginning levels of English language proficiency?

Grade placement of any student is a local decision. Districts and charters should not factor in English language proficiency when placing a student into an appropriate grade, as determined by age or prior school setting. However, there are several important factors to consider when determining grade placement for newcomer EB students:

prior schooling documentation from their home country that demonstrates grade completion
current age of the student and estimated age of graduation (students can be enrolled in high school through age 21 as described in the Student Attendance Accounting Handbook in section 3.2.3 on Age Eligibility)
social-emotional factors associated with appropriate age placement

Newcomer EB students should have equal educational access to the same grade level courses as their peers without restrictive requirements for pre-requisite courses that do not generate credits toward graduation.
Furthermore, the interests of the student should be taken into consideration to provide opportunities for course participation that sparks intrinsic motivation.
Language program placement for newcomer EB students should maximize the services provided through the bilingual/ESL program. In grades three through twelve, EB students at a beginning or intermediate English language proficiency level should receive focused, targeted, and systematic language instruction (TAC §74.4(b)(4)). This means that districts should strategically place EB students at these levels with more robust services. The U.S. Department of Education’s resource linked below provides further information on language services for newcomer EB students.

Resource(s)

U.S. Department of Education’s Newcomer Toolkit

L7.4 How is “schools” defined when considering the calculation of “years in U.S. schools” for spring data collection?

For purposes of calculating years in U.S. schools, only schools based within the 50 states, Washington D.C., and U.S. Department of Defense (DoD) schools are considered U.S. schools. This includes any home schools or private schools.

Resource(s)

Texas Assessments-U.S. Years in Schools

EW1.1 Do bilingual and ESL certification requirements apply to charter schools and districts of innovation (DOI)?

Yes, open-enrollment charter schools and DOIs must comply with bilingual and ESL program certification requirements even if their general certification requirements differ. TEC §29.061.

Resource(s)

District of Innovation (DOI) FAQ Process FAQ

EW1.2 Do all teachers of EB students need to be ESL-certified? Do all English Language Arts and Reading (ELAR) teachers need to be ESL-certified?

TAC §89.1210(d) provides the descriptions for the two state-approved ESL program models (ESL content-based and ESL pull-out), that apply to ESL programs in prekindergarten through twelfth grade. To meet compliance standards for an ESL content-based program, EB students need to receive all content instruction from an ESL-certified teacher(s), which includes ELAR, mathematics, science, and social studies. To meet compliance standards for an ESL pull-out program, EB students need to receive ELAR instruction by an ESL certified teacher(s). The ESL pull-out model can be met in the following three ways:

The ELAR teacher is also ESL certified and provides the ESL program within the classroom.
The ELAR teacher co-teaches with an ESL certified teacher who provides the full-time ESL program within the classroom
If the ELAR teacher is not ESL certified, EB students have an additional ESL course/time period that provides ELAR instruction by a teacher who is certified in ELAR and ESL

For ESL pull-out and ESL content-based, when the ELAR TEKS are split between two teachers, an English language arts (ELA) teacher and a reading teacher, ESL certification is required for both the ELA teacher and the reading teacher if no other ESL support is provided through co-teaching by an ESL teacher or pull-out by an additional ESL course. This only applies when the required ELAR TEKS have been split and are taught by two teachers to meet the required curriculum; this does not apply to additional reading intervention courses that are not part of the required curriculum. Specialized courses for EB students, such as English Learner Language Arts (ELLA), English to Speakers of Other Languages (ESOL) I and ESOL II, and English Language Development and Acquisition (ELDA) must be taught by ESL certified teachers. District-level expectations may go beyond minimum state requirements. Submitting an ESL waiver is based on meeting minimum state requirements.

Resource(s)

ESL Waiver Scenario Chain
TxEL Program Implementation Video Series
TxEL Program Implementation Resources

Best Practice Scenario

Areisy:
Areisy currently attends Budaful Charter School where she has participated in a dual-language immersion (DLI) program for the last six years. Budaful only has elementary schools and students must enroll in a district school for middle school, after 6th grade. Areisy’s grandmother, Elena, really appreciated the academic growth Areisy was able to demonstrate in a school that supported her bilingualism and is sad that the options she has for middle school do not offer a DLI program. Fortunately, there are three schools that offer open enrollment and implement ESL programs. She wants to prioritize teacher expertise in serving emergent bilingual students to better offer a sense of continuity to Areisy as she transitions out of a DLI.As she looks at what program model will benefit Areisy the most given her options, Elena compares Angelou, Neruda, and Dickinson Middle School.
At Angelou, where emergent bilingual students are served in an ESL content-based program model, Areisy would rotate each period and see an ESL certified teacher for each subject area, like history, math, ELAR, science, art, and P.E.
At Neruda, which offers an ESL pull-out program model, the English Language Arts and Reading TEKS are split into two separate classes, however, both classes are led by an ESL-certified teacher
At Dickinson, which also offers an ESL pull-out program model, the ELAR teacher is not ESL-certified, but they co-teach with an ESL-certified teacher. The teachers plan together, where the ESL-certified teacher provides input through the lens of her expertise to better support EB students in the classroom, like making recommendations for linguistic accommodations and intentional integration of the English Language Proficiency Standards (ELPS) in every lesson. The ESL-certified teacher also leads part of the class when teaching.
Elena decides that having a program where all teachers that instruct Areisy have a certification to educate Emergent Bilingual students is the best option for her grandchild. Therefore, she selects to enroll Areisy at Angelou Middle School.

EW1.3 In Texas, can a TESOL certification meet requirements to teach in an ESL program?

TESOL certification is not listed as an approved certification for teaching in an ESL program in Texas. Requirements for Public School Personnel Assignments that delineates the teacher assignments with allowable certificates for all grade levels and subject areas are outlined in the TAC §231.

EW2.1 How do we know if a bilingual exception, ESL Waiver or both, need(s) to be filed?

TAC §89.1207 provides the LEA requirements for bilingual exceptions and ESL waivers. The purpose of filing an exception/waiver is to inform the TEA on the needs for appropriately certified teachers in bilingual and ESL programs across the state.

Resource(s)

TEA Bilingual Education Exception and ESL Waiver Application
Bilingual Education Exception Scenario Chain
English as a Second Language (ESL) Waiver Scenario Chain

EW2.2 Do teachers who have an Intern or Probationary certification or Emergency Permit for the appropriate bilingual/ESL certification need to be included in the bilingual exception or ESL waiver?

Teachers who hold the necessary bilingual or ESL Probationary or Intern certificate or for whom an Emergency Permit has been obtained (by the district) are appropriately certified for the specified time period and should NOT be added to the respective bilingual exception or ESL Waiver.

EW2.3 Does a bilingual exception or ESL waiver need to be filed for a teacher who has the necessary bilingual or ESL certification but does not have the appropriate content/grade level certification?

Yes, a teacher is only appropriately certified to teach in the bilingual/ESL program if he/she has the necessary bilingual or ESL certification in addition to the appropriate content and grade level for the courses and students they instruct.

EW2.4 A teacher who was seeking the Bilingual or ESL certification has taken and passed the appropriate certification exam(s). Does the district still need to include this teacher in their bilingual exception or ESL waiver application?

The appropriate bilingual or ESL certification must be posted to the teacher’s certificate before the November 1st deadline for filing a bilingual exception or ESL waiver. If a teacher is in the process of obtaining the appropriate certification, such as participating in an alternative certification program, or has passed the exam but does not yet possess the appropriate certification and posted to the teacher’s certificate, the teacher would have to be included in the bilingual exception or ESL waiver petition.

EW2.5 Where should EB students served in an Early Education (EE) setting be indicated on a bilingual exception or ESL waiver application?

If a bilingual exception or ESL waiver is needed for EB students served in an EE setting, this data will be included under the prekindergarten (PK) student, classroom, and teacher data on the application.

EW2.6 If our Dual Language Immersion (DLI) program in secondary grades does not have the appropriately certified teachers, do we need to file a bilingual exception for those teachers, classrooms, and students?

Yes. Districts required to provide a bilingual program, per TAC §89.1205(a) must offer the program through the elementary grades (including prekindergarten, and sixth grade if clustered with elementary). If the district chooses to extend its Dual Language Immersion program into the secondary grade levels (middle and high school), the district is also responsible for providing the appropriately certified staff members for the program, per TAC§ 89.1205(g).

In DLI program models (one-way and two-way), as per TAC §89.1210 (c)(3) and (4), instruction in the partner language never falls below 50% of the overall instructional time. At the secondary level, the minimum expectation for DLI instruction in the partner language equates to 50% of the total number of core content periods, e.g. two courses per academic year delivered in the partner language. In summary:

a minimum of two courses to be provided in the partner language at each grade level for the duration of the secondary DLI program and
a minimum of one language/literacy/communication course to be provided in English at each grade level for the duration of the DLI program.

Secondary DLI Programs:
Minimum Yearly Coursework for DLI Program Students and Certification Requirements for DLI Program Teachers

2 Courses in Partner Language	1 Course in English	DLI Teacher Certifications
Course 1: Language/literacy: Spanish Language Arts Pre-AP/AP Spanish Language Pre-AP/AP Spanish Literature Other similar courses Course 2: District-determined content course: Math Science Social Studies	Course: English Language Arts/Reading (ELAR) and another related English language literacy/communications course: ESOL 1 ESOL 2 Speech Debate Journalism Other similar courses	All DLI Teachers: Certified for content area/grade level DLI teachers instructing in the partner language: Also certified in bilingual education DLI teachers instructing in English: Also certified in bilingual education or ESL TAC §89.1210 (c)(3) and (4)

The secondary DLI program implementation guidance reflects best practices identified in the research, namely:

Provision of language/literacy/communications instruction in the partner language and in English at every grade level to address the DLI program bilingualism/biliteracy goal
Flexibility in elective programming to encourage local decision-making, promote responsiveness to local needs, and allow for student choice, which are all practices associated with DLI program sustainability at the secondary level

If a district does not have the appropriately certified staff to implement the secondary DLI program, the district shall submit a bilingual exception in accordance with TAC §89.1207. This requirement applies to teachers assigned to deliver instruction in the partner language (bilingual exception for a teacher lacking the appropriate bilingual education certification) and to teachers assigned to deliver instruction in English (bilingual exception for a teacher lacking the appropriate ESL certification).

Resource(s)

Descriptor Table Guide for Bilingual and ESL Programs
Bilingual Exceptions and ESL Waivers page

EW2.7 Do long term substitutes need to be added to the bilingual exception and/or ESL waiver?

If the long-term substitute is covering a vacant position that is supposed to have a bilingual or ESL certified teacher, the vacant position is counted within the district’s bilingual exception or ESL waiver application. The students under this vacant position who are being instructed by the long-term substitute will be coded under alternative methods. If the long-term substitute is covering for a classroom teacher who is appropriately certified for the bilingual or ESL program but is currently on leave, the teacher’s classroom and students are not added to the bilingual exception or ESL waiver. The students in this teacher’s classroom who are being instructed by the long-term substitute will be coded under the appropriate bilingual or ESL program. If the long-term substitute is covering for a classroom teacher who is not appropriately certified for the bilingual or ESL program and is currently on leave, the full-time teacher’s classroom and students are counted within the district’s bilingual exception or ESL waiver. The students under this classroom teacher who are being instructed by the long-term substitute will be coded under alternative methods. (TAC §89.1226(h))

EW2.8 Do we need to wait until our district submits the bilingual exception or ESL waiver on November 1st to code the students as served in alternative methods?

No. In anticipation of filing the bilingual exception or ESL waiver, LEAs may enter the participating students’ program code based on the instructional arrangement, which are the students being served through the district’s alternative methods as the district works to fulfill the appropriate certification requirements of the teacher(s) under the exception/waiver.

Resource(s)

Descriptor Table Guide for Bilingual and ESL Programs

EW2.9 If a teacher is under a bilingual exception and is also not ESL certified, what TSDS PEIMS Parental Permission code should the campus use for this teacher’s students? Should this teacher be under both a bilingual exception and an ESL waiver?

If a teacher is under a bilingual exception, they would not also be under an ESL waiver. The fact that the teacher is not ESL certified would be mentioned on the bilingual exception application as part of the information on the district’s alternative methods plan. The students’ Parental Permission codes would be (E) since the district has filed a bilingual exception, and the program codes would be Alternative Language Program (01) since the students are in an alternative plan from a bilingual exception. The Program Type codes for Bilingual and ESL would be (0).

Resource(s)

TSDS Web-Enabled Data Standards

EW2.10 If a teacher who was included in the bilingual exception or ESL waiver application on or before November 1st obtains their appropriate certification during the school year, should the PEIMS codes of their students participating in the bilingual or ESL program be changed immediately or at the start of the next school year?

At the time that the teacher becomes appropriately certified for the bilingual or ESL program, the district will adjust the students’ SDS PEIMS codes accordingly.

EW2.11 What if our district is filing a bilingual exception and has not yet begun development of the bilingual program, particularly when applying for an exception for languages other than Spanish?

An LEA has a bilingual program (in any language) and is missing one or more of the appropriately certified teacher(s).
The district has met the requirement for providing a bilingual program (in any language) but has not yet implemented the bilingual program in the district at any grade level.

In the second scenario above, the district is planning for the number of classrooms and teachers that would be needed to provide the bilingual program for EB students/ELs with that language classification. In any language for which the district meets the minimum requirement to provide the bilingual program but does not have the appropriately certified teachers to provide the program, a bilingual exception is filed for that language. It is recognized that there are many languages for which an LEA may meet this requirement that a bilingual certification is not yet available.
Below is a list of the languages for which there are currently bilingual certification exams per TAC §233.6:

Spanish
American Sign Language
Arabic
Chinese
Japanese
Vietnamese

Please note, regarding the submission of the bilingual exception and TSDS PEIMS coding as it relates to Spanish and languages other than Spanish:
As stated above, the bilingual exception will be filed regardless of language classification or availability of a bilingual certification exam.

For Spanish, if the district has not yet established the bilingual program for which they are now required, the EB students who would be eligible for the Spanish/English bilingual program will be coded as an E for Parental Permission (indicating that the exception was filed) and 01 for Alternative Language Program to the bilingual program.
For languages other than Spanish, if the district has not yet established the bilingual program for which they are now required, the EB students who would be eligible for that language’s bilingual program will be placed in an ESL program and coded in PEIMS as such (K for Parental Permission and either 2 or 3 for ESL Program based on the district’s implementation of a content-based or pull-out model).

EW2.12 If our district applies for a bilingual exception and/or ESL waiver and the EB students are served under alternative methods, are Bilingual Education Allotment (BEA) funds still generated?

Yes. EB students are individually coded 01 or 02 (Alternative Language Program) because of the temporary setting whereby they are receiving alternative methods due to the need for an appropriately certified teacher. In this case, these students generate BEA funds at a 0.1 weight. Program participation codes are reported for individual students, and only those in classrooms under an exception/waiver are coded as participating in alternative methods. So, program participation and the associated BEA funds are based on each student’s instructional arrangement and teacher’s certification. (TAC §89.1207(a)(1)) (TAC §89.1207(b)(1)) EB students participating in an Alternative Language Program (01 or 02) generate BEA funds at a 0.1 weight. Keep in mind that program participation codes are reported for individual students, and only those who are in classrooms under an exception/waiver are coded as participating in alternative methods. So, program participation and the associated BEA funds are based on each student’s instructional arrangement and teacher’s certification. (TAC §89.1207(a)(1)) (TAC §89.1207(b)(1))

Resource(s)

ESL Waiver Scenario Chain

Best Practice Scenario

Edgar and Eric:
Edgar and his cousin Eric attend the two schools operated by Hope ISD. Edgar’s campus runs a Dual Language Two-Way program and all teachers are bilingual certified. Eric’s campus serves emergent bilingual students by temporary use of alternative methods until the teachers can become bilingual certified by the end of the school year.

At Eric's campus, which also offers an ESL pull-out program model, the ELAR teacher is not ESL-certified, but they co-teach with an ESL-certified teacher. The teachers plan together, where the ESL-certified teacher provides input through the lens of her expertise to better support EB students in the classroom, like making recommendations for linguistic accommodations and intentional integration of the English Language Proficiency Standards (ELPS) in every lesson. The ESL-certified teacher also leads part of the class when teaching.

This year, Hope ISD will receive a total BEA allocation of $100,000. Of this amount, 55%, in other words, $55,000, are for direct cost, and 45%, or $45,000, are for indirect costs.

Because Hope ISD has teachers on bilingual exceptions, a minimum of 10% of the total BEA funds, in other words $10,000, must be spent on professional development for all teachers as outlined in the Comprehensive Professional Development plan. The required minimum of 10% of the total BEA funds for professional development must come from the direct cost ($55,000) portion.

Because Edgar’s campus operates a dual language two-way program with fully certified teachers, they generate 0.05 additional per student funding for EB and non-EB students. Eric’s campus is receiving the basic allotment of 0.01 per student funding but is unable to generate the additional funding due to operating a temporary alternative language methods program. The campus is eager to get students in front of appropriately certified teachers and will leverage the Comprehensive Professional Development Plan to ensure teachers are positioned to become certified.

EW2.13 What is the Comprehensive Professional Development (PD) Plan, and how is it funded?

TAC §89.1207(a)(1)(D) and TAC §89.1207(b)(1)(D) explain the assurance for districts who file a bilingual exception and/or ESL waiver to implement a comprehensive PD plan. This plan is part of the application process for a bilingual exception or ESL waiver and shall be maintained at the district level. Although the target audience of the comprehensive PD plan is the teacher(s) under the bilingual exception and/or ESL waiver, additional teachers can participate in the professional development activities as available. TAC §89.1207(a)(1)(E) and TAC §89.1207(b)(1)(E) explain the assurance for districts who file a bilingual exception and/or ESL waiver to utilize at least 10% of the Bilingual Education Allotment (BEA) to fund their comprehensive PD plan, whether applying for the exception, waiver, or both.

The 10% to fund the comprehensive PD plan is taken from the total BEA funds that the district generates.
The 10% of BEA funds for the comprehensive PD plan does not include recruitment efforts.

10% of the total BEA Allocation is Reserved per (BE) Exception and/or ESL Waiver

Example: A district has a total BEA Allocation of $100,000. Therefore, $10,000 is required for a comprehensive PD plan
District Costs:

Direct Costs (55%) of $100,000 are $55,000
Indirect Costs (45%) of $100,000 are $45,000

Of the $55,000 for Direct Costs, a minimum of $10,000 has to be spent on the Comprehensive Professional Development Plan. Other Direct Costs include:

Program and student evaluation
Instructional materials and equipment
Supplemental Staff expenses
Salary supplements for teachers
Incremental costs associated with providing smaller class sizes
Other supplies required for quality instruction

Resource(s)

Comprehensive Professional Development Plan and Allowable Use of Bilingual Education (BEA) Allotment Funds

EW2.14 If our district is filing an application for both a bilingual exception and an ESL waiver, can we consolidate the comprehensive professional development (PD) plan into one combined document, or do we have to have a separate plan for each?

Districts that have submitted a bilingual exception and an ESL waiver can consolidate the comprehensive PD plan into one document as long as the district clearly differentiates the plan for teachers under the exception and the plan for teachers under the waiver.

S1.1 Is there flexibility for completing bilingual and ESL summer school requirements for EB students entering kindergarten and grade 1C Sec. 29.060; Texas Administrative Code §89.1250)?

All Local Education Agencies (LEAs) are required to offer 120 hours of instruction that are supplemental to the regular school year and must be completed during the summer intermission without extending into the subsequent school year including LEAs offering Local Remote Learning Programs (virtual instruction) (TEC §29.9091 and TEC §48.0079(c)). LEAs offering Additional Days School Year (ADSY), the summer school program will be based on their program design and implementation which may allow for some flexibility during the school year.

Resource(s)

Additional Days School Year Guidance

Best Practice Scenario

Melissa is an emergent bilingual student at a small elementary, Coral Springs, in rural Texas, where she will be attending kindergarten next year. Given that Coral Springs was on the threshold of not being required to operate a summer school program for emergent bilingual students due to the EB enrollment being relatively low, Coral Springs Elementary took several steps to ensure Melissa’s family was aware of their right to summer school and were given the opportunity to indicate interest in participating. Communications via the school newsletter provided in English and Spanish was sent to all families of Pre-K and K EB students, as well as through the school’s recently adopted telephone application. Additionally, individual emails were sent to families and the principal hosted grade-level coffee chats, further offering families the opportunity families to express their interest by signing an interest form. Lastly, they called each family of an emergent bilingual student in the required grades to share information about the summer school program and confirm parent/family interest.

S1.2 Are remote or hybrid methods of delivery permissible during EB student summer school?

No. The 120 hours of instruction are to be fulfilled through in-person instruction with a student to teacher ratio not to exceed 18:1.

S1.3 How will reimbursement be calculated for EB summer school?

Reimbursement amounts will be based on teaching units with 18 students or a fraction thereof. Allotments will be prorated on this unit value. Business managers should be informed that the fund code is 289 and that payment to the LEA will be provided through direct deposit.
Reimbursement
Amounts are based on teaching units with 18 students or fraction thereof :
1 unit

1 Kinder with 10 students
1 First grade with 8 students

2 unit

1 kinder with 14 students
1 First grade with 8 students

S1.4 Do summer school teachers have to be bilingual/ESL certified?

Teachers shall possess certification as required in TEC, §29.061, and §89.1245 (relating to Staffing and Staff Development). All teachers serving EB students in the required summer school program shall be appropriately certified. A teacher under a bilingual exception or ESL waiver may be hired to teach during the summer school program.

Bilingual Education Program	Teacher Certification
Dual Language Immersion Program Transitional Bilingual Program	Content Certificate-age and grade with Bilingual Certification A teacher under a bilingual exception for the current school year
ESL Program Content-Based and Pull-Out	Content Certificate-age and grade with ESL Certification A teacher under an ESL waiver for the current school year

T1.1 Where can LEAs access general information on Every Student Succeeds Act (ESSA) Consolidated Federal Grant Application?

The Grants Administration Division has provided the Grant Resources webpage to access recorded eGrant trainings, guidance handbooks for budgeting, and expenditure reports. For deadlines to amend your Title III, Part A program schedules (PS3106 and PS3114), please reference critical events under the current ESSA Consolidated Federal Grant Application searchable at TEA Grants Opportunities.

T1.2 How does an LEA generate Title III, Part A funding?

An LEA generates Title III, Part A federal funding when a student has been identified as an EB/EL and/or meets the definition of an immigrant student. The student’s enrollment reported in PEIMS is used in determining the entitled amount for the following school year. An LEA can access their Title III, Part A funding amounts on the TEA Entitlements webpage listed under Every Student Succeeds Act (ESSA).
Note: Title III, Part A funds are to benefit any identified EB student in a language instruction educational program (LIEP), including any students who are not participating in bilingual/ESL program.

Resource(s)

ESSA Fiscal Compliance
TEA Entitlements

T1.3 What percentage should an LEA appropriate for administrative costs?

Administrative costs refer to indirect and direct administrative costs. Every Student Succeeds Act (ESSA), Sec. 3115(b), limits the amount of Title III, Part A – ELA funds that may be budgeted to administer the program, including direct administrative costs, to no more than 2% of the total grant awarded for any fiscal year. Calculations must include information regarding administrative costs of third-party contracts. An LEA may claim a maximum for indirect costs equal to their current approved restricted indirect cost rate for this grant program.

Resource(s)

Funding Guidebook
General and Fiscal Guidelines

T1.4 Does an LEA have to support Private Non-Profit (PNP) schools with Title III funding?

Yes, an LEA has a responsibility to provide Title III, Part A services to eligible private non- profit (PNP) schools’ English learners and/or immigrant students, their teachers, and other educational personnel within the LEA’s attendance boundary. Through consultation between the eligible PNP and the LEA, a variety of supplemental services may be agreed upon for the current academic year.

Resource(s)

Title III, Private Non-Profit Resources
ESSA Private Non-Profit (PNP) FAQ

T1.5 What is the age range for identified EB/EL and/or immigrant students enrolled in a PNP to calculate Title III funds on PS3099 – Private Nonprofit (PNP) School Equitable Services?

Under ESSA, Sec. 8101(20), the terms “English learner” and “Immigrant student” have been defined with an age range of 3 through 21 who are enrolled in school from prekindergarten through grade 12
Note: Prekindergarten includes students enrolled in a 3- or 4-year-old school program.

Resource(s)

Title III, Private Non-Profit Resources

T1.6 Does an LEA have to complete the ESSA Compliance Report?

Yes. If the LEA applied and accepted Title III, Part A-ELA, and/or Title III-Part A, Immigrant federal funds, it must complete the ESSA Compliance Report. The ESSA Compliance Report captures how the funds expended, provides the state with data needed to report to the Department of Education, and documents accountability that the state is in compliance with ESSA.
Note: LEAs who joined a Shared Service Arrangement (SSA) with their ELA Title III, Part A funds will need to coordinate with their fiscal agent who will be completing the ESSA compliance report on behalf of all members of the SSA.

T1.7 Where can guidance on allowable use of Title III funds be found?

Accessible on txel.org under Leadership Connection, LEAs can access the Funding Guidebook that provides guidance and examples on the use of the Bilingual Education Allotment (state) and Title III, Part A (federal) funds.

Resource(s)

TEA Guidelines, Provisions, and Assurances
Funding Guidebook

T2.1 What are the Title III, Part A – ELA requirements when an LEA applies and accepts these funds?

Under ESSA, Sec. 3115(c), entities receiving funds under section 3114(a) shall use the funds to meet three requirements that are detailed on the Clarifying Title III LEA Required Activities under ESSA document:

support the effectiveness of the state-funded language instruction educational program with additional supplemental activities
provide effective professional development
offer parent, family, and community engagement activities

Note: The three Title III engagement requirements are intended to be above and beyond what families of EB students are already receiving per other federal requirements. It is strongly recommended that LEA identify the needs of their EB/EL families continually, throughout the school year.

Resource(s)

Title III, Private Non-Profit Resources

T2.2 Why is the option to “Apply on Own” for Title III, Part A-ELA Funds deactivated in the Applicant Designation and Certification (ADC) Form if identified EB/EL students are enrolled?

An LEA’s appropriated Title III, Part A - ELA funds are based on the number of identified EB/EL students. Each year, the state determines a per pupil cost which is used in a formula to determine ESSA Consolidated Planning Amounts and released in late spring. The authorizing statute does not allow any state to award an LEA Title III, Part A – ELA funds if the amount is less than $10,000. LEAs have the option to designate their funds to a fiscal agent by becoming a member of a Shared Service Arrangement (SSA).

T2.3 What are the supplemental activities that an LEA can fund under PS3106 of the ESSA Consolidated Federal Grant Application?

LEAs can access the most updated program guidelines by navigating to the TEA Grant Opportunities page to see the allowable activities in the current year’s program guidelines for the ESSA Consolidated Federal Grant Application. The approved supplemental activities are to benefit EB/EL students and their families, including students identified as immigrant, in ensuring EB/EL students attain English proficiency at high levels in academic subjects and can meet the same challenging State academic standards that all students are expected to meet.

Resource(s)

TEA Grant Opportunities

T2.4 Why must Title III-funded LEAs host separate engagement opportunities from those already hosted for all families?

In addition to engagement opportunities open to all families, the LEA must offer supplemental opportunities to families of EB/ELs, including immigrant students. ESSA, Sec. 3115(d)(6)(A)(B) requires Title III-funded LEAs to offer parent, family, and community engagement activities to families of EB/ELs that increase English language skills, improve academic achievement, and help parents become more active participants in the education of their children.
Note: An LEA can coordinate funds and efforts with other programs to maximize participation and the success of an engagement event.

T3.1 What is the definition of an immigrant student as it pertains to PEIMS coding?

ESSA, Sec. 3201(5) defines an immigrant student as an individual who:

is between 3 and 21 years old
were not born in any US state
have not been attending one or more schools in any one or more US states for more than 3 full academic years

T3.2 How does Texas define “3 full academic years” when determining eligibility of an immigrant student?

Texas has defined an academic year to equal 10 months with a total eligibility of 30 months of service for a student who meets the definition of an immigrant student. If a student has been enrolled in schools in multiple states, the student’s eligibility must not add up to a total of more than 3 full academic years.
Note: Academic years in schools defined for immigrant eligibility differs than the definition used for assessment purposes.

Resource(s)

Enhancing Opportunities for Immigrant Students

T3.3 What is the difference between a newcomer and an immigrant student?

ESSA, Sec. 3201(5) defines an immigrant student as an individual who:

is between 3 and 21 years old
were not born in any US state
have not been attending one or more schools in any one or more US states for more than 3 full academic years

The term “Newcomer” encompasses any population of individuals who are not born in the United States (e.g., asylees, refugees, etc.), including immigrant students. Texas commonly uses the term newcomer when addressing the language instructional education program (bilingual or ESL) and immigrant for coding in PEIMS.

T3.4 How does an LEA generate Title III, Part A – Immigrant funds?

There are two eligible methods for an LEA to generate the additional Title III, Part A -Immigrant funds.
Method 1: Significant Increase in Number of Immigrant Students

LEA immigrant student counts are from the current and previous two years of PEIMS fall and eGrants PR7000 Private Non-profit data collections.
A prior year average number is calculated from the two previous year’s student counts. This average is subtracted from current immigrant students reported and the difference must be a significant increase.
A “significant increase” of immigrant students for an LEA to qualify for immigrant funds in number is defined as a difference of 75 or more immigrant students.

Method 2: Significant Increase in Number of Immigrant Students

LEA immigrant student’s counts are from the current and previous two years of PEIMS fall and eGrants PR7000 Private Non-profit data collections.
A prior year average number is calculated from the two previous year’s student counts. This average is subtracted from current immigrant students reported to create a difference. The difference divided by the prior year average equals a percentage increase or decrease.
A “significant increase” of immigrant students for an LEA to qualify for immigrant funds in percentage is defined as a 25% or more increase, and the current year immigrant student count must be 10 or more.

T3.5 Do the same limitations for Title III, Part A – ELA also apply to Title III, Part A – Immigrant funds?

No. Title III, Part A – Immigrant funds do not have the 2% cap on administrative costs nor a limitation on the amount that can be awarded to an LEA who is entitled to Title III, Part A- Immigrant funds.

T3.6 Where can an LEA find what supplemental activities can be funded with the additional Title III, Part A – Immigrant funds?

LEAs can access the ESSA Consolidated Federal Grant Application Program Guidelines, page 59, to see the allowable activities. The approved supplemental activities are to benefit immigrant students and their families in LEAs who are experiencing a substantial increase of immigrant students.

Resource(s)

Funding Guidebook

Best Practice Scenario

Aria:
Aria is a student at Hope High School that qualifies under the ESSA definition as an immigrant student. Aria’s principal, Dr. Ayani, is eager to help identified immigrant students access the support they need to set them up for a trajectory of success at Hope. In collaboration with the district coordinator, Mr. Keller, the LEA allocates Title III-Immigrant funds to partner with a mentorship organization that specifically targets meeting the needs of immigrant students. Additionally, they purchase a language software program and fund tutors who are expert implementers of the software, to facilitate afterschool tutoring to students identified as immigrant.

T3.7 Do an LEA’s Title III, Part A – Immigrant funds carry over from the previous academic school year even if they did not show a significant increase in the current school year?

Yes. Any remaining Title III, Part A – Immigrant funds not expended from the previous year are eligible to carry over into the following school year. Carryover funds are applied to an LEA’s Notice of Grant Award (NOGA) in February, along with final amounts. The LEA will need to revise their budget schedule to account for the new funding amounts. If an LEA does not see the carryover amount, they will want to contact the Grant Administration Division at Grants@tea.texas.gov.

T3.8 Can an LEA split fund activities between both Title III funding sources, if available?

Yes. It is allowable for an LEA to coordinate Title III, Part A-ELA and Title III, Immigrant funds to split-fund supplemental activities when the funding sources are to benefit the same student population.

F1.1 Which funding source should be used to pay for a Bilingual/ESL Coordinator position that will assist with the monitoring and coordinating of all district and campus bilingual and ESL programs?

It is recommended this position be funded with local/state funds as these duties described are required by policy guidance under the Bilingual Education Allotment (BEA) Program and/or are state mandated.

F1.2 How should an LEA staff be funded if they assist campuses with both state and federal activities to support emergent bilingual students?

It may be possible to split fund this position with BEA and Title III funds, however any duties performed to meet local or other federal requirements would need to be considered in this funding decision.

F1.3 Can Title III funds be used to pay for a University Intern to assist in a bilingual classroom with the goal of becoming a district bilingual teacher?

This would be allowable as long as the intern is only working in a bilingual classroom or with EB and/or immigrant students specifically 100% of the time and the position is supplemental to other positions.

NOTE: However, if this is to fulfill their student teaching requirement to earn their degree, then it is NOT allowable.

F1.4 Is it allowable to provide the same service with Title III funds as those provided in prior school years with state or local funds?

If state or local funds were used in the prior school year to provide services, and those services are provided again in the current school year with Title III funds, the USDE will presume a supplant has occurred if the state or local funds are replaced by federal funds. LEAs are not permitted to use federal funds to replace state or local funds. Even in cases where a budget shortfall is anticipated, the LEA may not plan to use federal funds to cover a shortage of state or local funds.

It is possible to document that services from the prior year would not have been continued as a result of a lack of state or local funds. The documentation must demonstrate that the original source of funding is no longer available and, as a result, that the services would not be provided in the coming year. This situation must be documented at the time the decision is made to discontinue services; it cannot be documented after the fact.

Best Practice Scenario

An LEA paid for a reading specialist at a campus in the previous year from state and local resources but decides to use Title III, Part A funds to pay for that teaching position in the current year. This would be considered supplanting because the LEA is replacing state and local resources with Title III, Part A resources to pay for the same position. The LEA may be able to rebut the assumption of supplanting if it can document that the position was eliminated because of state budget cuts, and then the decision was made to fund it using federal funds. The LEA would need records to confirm the following:

There was in fact a reduced amount or lack of state funds available to pay for the position
The LEA made the decision to eliminate the position without taking into consideration the availability of federal funding
The reasons for the decision to eliminate the position

In any case, the independent audit may still consider it as a supplant.

F1.5 Which fund source can be used to pay for a position the LEA will refer to as “EL Curriculum and Professional Development Facilitator? Job duties for the position will be to provide guidance/training in ways to adapt/adjust the district curriculum to meet the needs of emergent bilingual students.

All LEAs have the responsibility, under Lau v. Nichols* (OCR), to ensure that EB and/or immigrant students have equal access to education and making the curriculum accessible to emergent bilingual students would be part of meeting that federal requirement.

However, a position as Professional Development Facilitator, in and of itself, may be an allowable use of Title III funds, since Title III specifically requires professional development. The district would have to ensure that the professional development is supplemental and not for meeting other federal, state, or local requirements for serving emergent bilingual students and meets all other supporting conditions (appropriately addressed in the application, benefits emergent bilingual students only by serving their teachers only, and costs are necessary and reasonable).

*Supreme Court decision enforced by the Office of Civil Rights (OCR)

F2.1 Is it allowable to use BEA funds for teachers to attend the Biliteracy Reading Academies?

Yes, BEA funds are an allowable funding source to support bilingual classroom teachers. Visit the Reading Academies TEA page for additional support.

Resource(s)

HB 3 Reading Academies

F2.2 Is it allowable to pay teachers a bilingual/ESL bonus, sometimes referred to as a signing bonus, for being Bilingual/ESL certified?

This is allowable with BEA funds but not with Title III since LEAs are required to hire appropriately certified teachers required under state policy to serve their emergent bilingual students.

NOTE: If the LEA has Title II, Part A funds, these funds could be used to pay stipends or bonuses to highly qualified certified teachers as part of the LEA’s recruitment, hiring, and retention strategies to increase the number of highly qualified teachers in high need areas. This need should be addressed in the district/campus needs assessment.

F2.3 Can Title III funds be used for annual stipends for bilingual/ESL certified teachers?

No. Annual stipends are not an allowable activity with Title III funds. An LEA can also use its BEA direct costs to pay for the stipends to teachers certified in a Bilingual Education area who are teachers of record. This is an allowable use of state funds pursuant to TEC 42.153(c) (supplements for teachers).

F2.4 Is it allowable to use Title III funds for extra duty pay for staff to assist with assessments to determine language proficiency of emergent bilingual students?

Title III funds should NOT be used for the initial assessment used to help identify the student as emergent bilingual, as the initial oral language proficiency test which is required, under State policy (TAC Ch. 89.1226), for students with a language other than English indicated on the home language survey.

It is never allowable to use Title III funds for an annual assessment of the EB students’ language proficiency, as LEAs are required, under State policy, to administer the Texas English Language Proficiency Assessment System (TELPAS). While PNP schools are not required to administer the TELPAS, an annual assessment of English language proficiency is required for English learners under Title I, Part A, Section 1111(b)(2)(G) and Title III must be supplemental to Title I, Part A.

F2.5 How does an LEA know which funding source to use to pay for teachers to get ESL certified?

If the LEA has filed for an ESL waiver, they must use 10% of the state bilingual education allotment (BEA) for trainings. If the LEA is building capacity above and beyond what is required under State policy, the LEA may use Title III funds to increase their number of ESL certified teachers.

NOTE: It is not allowable to use BEA nor Title III funds to pay for the cost of having the certification added to the teacher’s certificate. Consider using Title I, Part A funds if funds are available.

F2.6 Can Title III funds be used for extra duty pay for staff to attend professional development?

Title III-funded extra duty pay would be allowable provided that the professional development or training is not required under State policy (in other words, as long as the training is supplemental; also must meet all other supporting conditions, such as necessary and reasonable, etc.).

F2.7 How does an LEA determine what is considered extra duty/supplemental activity?

Extra duty/supplemental activities are activities being performed outside a staff’s contracted work hours.

Resource(s)

Funding Guidebook, Page 9

F2.8 If an LEA is hosting a parent night and wants to do something “above and beyond” for the parents of EB and/or immigrant students, can the LEA pay paraprofessionals to work with parents during that event?

Yes, it is allowable to use Title III funds for activities that “assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children,” provided the activities are above and beyond parent outreach/involvement activities to meet local, state, or other federal requirements.

NOTE: If the paraprofessional is a supplemental staff position paid out of Title III, the LEA will want to make sure this expectation is not already listed as a job duty. It is recommended that the LEA consider stating language in the job posting/description that addresses planning, assisting and conducting parent/family engagements that occur during the school hours. This would then allow for the LEA to apply supplemental pay for any additional engagement activities that occur outside of school hours.

F3.1 How does an LEA determine which funding source to use when sending teachers to external trainings to become bilingual or ESL certified?

The LEA will need to evaluate if they are meeting State policy in meeting requirements with appropriately certified staff. Once completed, the LEA will ensure they are using the correct funding source listed below.

BEA Funds – (10% required due to a bilingual exception and/or ESL waiver) – required to use for certification training for staff not appropriately certified.

Title III Funds – to strengthen and build capacity of program services that is going above and beyond what is required under State policy.

NOTE: When using BEA funds for stipends to teachers to attend the certification training, LEAs should use internal controls when disbursing and accounting for any stipends and should pay at the completion of the training.

Best Practice Scenario

Ruby ISD filed for a bilingual exception which now required them to set aside $10,000 of their total $100,000 of BEA funds for the purpose to support the 10 teachers not yet appropriately certified, per state policy. Ruby ISD subtracted the $10K from their direct 55% leaving them $45,000 to expend on direct support.

Mr. Salinas is one of the teachers who is seeking to be bilingual certified and listed on the exception. Ruby ISD has supported him on acquiring the content and skills to be successful on his state certification exams. Mr. Salinas learned of a conference that is being offered in New Mexico that he feels will support his growth in supporting his students.

Ruby ISD is not allowed to send Mr. Salinas to this out-of-state conference out of the $10K reserved, but it is allowable to send him out of the remaining $45K, because the purpose of him going is not about him passing the exam. Because Ruby ISD has 3 specific BEA funding sources, they have to be very clear in their justifications when it comes to professional development expenditures.

Total BEA funds= $100,000
Required 10% = $10K
Remaining Direct = $45K
Indirect = $45K

F3.2 What helps to determine the most appropriate funding source to use when sending bilingual/ESL staff to specific professional development trainings (e.g., Program Implementation, ELPS, LPAC, TELPAS, Progress Monitoring, etc.)?

If the training helps to fulfill a local, state, or other federal requirement, then it is not allowable to use Title III funds. To use Title III funds for professional development opportunities, the training needs to be supplemental.

Examples to consider including:
English Language Proficiency Standards (ELPS) - LEAs are required by the State to implement the ELPS, just as they are required to implement the TEKS (the State’s curriculum standards); thus, training that is part of how the LEA meets this requirement would be funded with local/state funds. If, however, the training is provided above and beyond the LEA’s plan for ensuring implementation of the ELPS, then it may be funded with Title III funds.

Language Proficiency Assessment Committee (LPAC) - LEAs are required by the State to implement the LPAC process; thus, training that is a part of how the LEA meets this requirement is not allowable with Title III funds.

Texas English Language Proficiency Assessment System (TELPAS) – LEAs are required by the State to implement the TELPAS; thus, training that is part of how the LEA meets this requirement would be funded with local/state funds. If, however, the training is provided for a purpose above and beyond the processes required by the State, then it may be supplemental. For example, training that is solely on how to use student TELPAS data to inform or improve instruction of emergent bilingual students may be funded with Title III funds.

F4.1 Is it appropriate to pay for reading academies (registration, substitutes for teachers to work on the modules...) with BEA funds?

Yes. You can find this guidance referenced in the Reading Academies FAQ question 1 under District Decision-Making.

Resource(s)

Reading Academies FAQ

F4.2 Can biliteracy reading academy stipends funded with the BEA be provided to a Literacy Coach that is federally funded (not with Title III Part A) and who is only 25% of their time in front of students in the classroom?

This would be a local decision.

F4.3 Which funding source is the most appropriate for an interpreter or translation services?

The following examples would be local/state funded;

translation of instructional materials or instruction in a language other than English is the LEA’s responsibility, under Lau v. Nichols* (OCR) to offer emergent bilingual students services to help them overcome their language barriers and to ensure that emergent bilingual students have equal access to education and educational excellence.
translation of general information available to families of emergent bilingual students (e.g., LEA website, newsletters, external communications to families, etc.).

The following examples would be Title III funded;

Title III parent engagement meetings or Title III family engagement events
translation of materials to be used for supplemental emergent bilingual parent classes Newsletters to emergent bilingual families to meet Title III engagement requirements

F4.4 Can an LEA use Title III funds for a Literacy Program?

In accordance with Title III, Part A, Section 3115(d)(6), this would be an allowable use of Title III funds, provided that all other supporting conditions are met, such as:

The LEA has determined through a needs assessment this expenditure is needed.
The activity is reflected in the LEA’s ESSA Consolidated Federal Application;
The costs involved are necessary and reasonable; and
The program serves only emergent bilingual students.

F4.5 How does an LEA know when to use their local/state or Title III funds for assessments of emergent bilingual students?

Assessments of identified emergent bilingual students are required by the State and the use of Title III funds would not be allowable. These assessments include, but are not limited to, initial oral language proficiency test to identify the student as an emergent bilingual, annual English language proficiency assessments (TELPAS), and assessments of academic achievement (STAAR, EOC, etc.). Assessments throughout the school year to measure language growth may be Title III funded since this is not a state required activity.

F4.6 Which fund source can be used for Bilingual/ESL summer school for emergent bilingual students in kindergarten and first grade?

For emergent bilingual students in grades kindergarten and first grade, the LEA is required to use their local/state funds to meet the state requirement. An LEA may use Title III funds to offer Bilingual/ESL summer school for additional grade levels that are above and beyond the state requirement.

F4.7 Which fund source is most appropriate to use for ESL classes for parents of emergent bilingual students?

It is allowable under Title III, Part A to expend funds on parent trainings which may include a language comprehensive computer technology program (ex. ESL classes, language software programs, parent academies, etc.). When parents strengthen their own literacy skills, they are empowered to communicate more with their child’s teacher or school.

F5.1 Can an LEA use BEA or Title III funds to purchase interactive boards for use in a secondary with emergent bilingual students?

Technology (to include interactive boards, computers, printers, classroom response, systems,etc.) may be an allowable expense for serving emergent bilingual students in a secondary classroom, based on the following:

For use in a bilingual or self-contained ESL classroom with emergent bilingual students, the purchase of technology would be an allowable expense, provided all other supporting conditions are met (addressed in an application, costs are necessary and reasonable, etc.).
For use in a general education classroom with emergent bilingual students, an LEA would need to consider using local or other federal funds that are intended to meet the needs of all students.

F5.2 Which funding source should be used to purchase library books and media?

If the library books and media are purchased for bilingual/ESL classrooms serving emergent bilingual students, then this would be an allowable cost under Title III. Once library books and media are purchased with local/state funds, the LEA will not be able to leverage federal funds for similar purchases that meet the same purpose.

NOTE: It is not allowable to use BEA or Title III funds to purchase books and media for the general library.

F6.1 Are emergent bilingual students who attend a private school eligible to participate in Title III programs and receive Title III services, and products?

Yes, as long as the emergent bilingual students are identified in an appropriate manner and the private school has developed an agreement (written documentation and format of agreement used should be the local policy standard) with the LEA of geographic jurisdiction, emergent bilingual students in a private school may participate in programs and receive services and products funded by Title III.

Private schools may not receive funds directly but must make arrangements through the agreement to receive programs, services, and products from the LEA.

F6.2 How much of an LEA’s Title III funds may be used to support programs, services, and products for emergent bilingual students in private schools?

Every Student Succeeds Act (ESSA) specifies that assistance to emergent bilingual students in private schools should be “comparable” to that of emergent bilingual students in public schools. The recommended method to determine comparability is to use the per pupil allocation of Title III funds as the basis for the cost of Title III products and services in the private school.

For example, assuming a per pupil allocation of $100, the private school would receive an equivalent amount of products and services for each emergent bilingual student served. If 10 emergent bilingual students were identified in the private school, then that private school would receive approximately $1000 worth of products and services.

F7.1 What foods can be purchased with Title III funds?

The Budgeting Costs Guidance Handbook lists the following allowable foods costs for parents and/or students.

For example, assuming a per pupil allocation of $100, the private school would receive an equivalent amount of products and services for each emergent bilingual student served. If 10 emergent bilingual students were identified in the private school, then that private school would receive approximately $1000 worth of products and services.

Nutritional snacks for students during extended day (after-school) programs
Nutritional snacks for children in child care while parents are participating in grant activities
Food necessary to conduct nutrition education programs for parents
Parent engagement activities in which refreshments are necessary to encourage participation or attendance by parents, such as in low-income areas, and thus meet program objectives.

NOTE: Full meals for parents or students are unallowable for these purposes under any circumstances. Expenditures must be reasonable in cost, necessary to accomplish program objectives, and an integral part of the instructional program.

F7.2 If parents of emergent bilingual students are unable to participate in a parent engagement opportunity because they lack transportation, can Title III funds be used to pay for transportation?

Yes, the state defines this expense to be an activity that falls under Section 3115 (c)(3)

To provide and implement other effective activities and strategies that enhance or supplement language instruction educational programs for English learners, which (A) shall include parent, family, and community engagement activities; and (B) may include strategies that serve to coordinate and align related programs

NOTE: Since Title III, Part A funds are supplemental to local and other federal funds, LEAs need to reference their policies to see if funds have already been designated for this type of activity.

F7.3 Are we able to use BEA or Title III funds to purchase applications like Possip for the purpose of family empowerment?

It is recommended that an LEA leverage their local/state funds first because a parent needing information provided in a language they understand, is not tied to the program. Access to information and services to all parents/families is a basic expectation of a public school.

NOTE: It is allowable for an LEA to expend Title III funds for interpreters, as a way to increase participation to Title III events/activities. It would not be allowed for meetings/events that are open to all families.

F7.4 Is it allowable to use Title III funds to develop a functioning asset mapping webpage or website?

An LEA would need to ensure that they wrap this resource with professional development opportunities for the intended audience. Title III funds are to be used to directly impact emergent bilingual students, including immigrant students and their families or professional development activities for educators and school leaders.

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