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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.

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 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.

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%).

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.

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.