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Timely FAQs

Bilingual Exceptions and Waivers - New FAQs

In TAC §89.1207(f), it outlines the criterions used for the bilingual and ESL waivers approval process.

School systems with an approved with conditions letter means the submitted action plan was approved but did not meet either A or B criterion. TAC §89.1207(f)

A school system with an approved with condition application, who submitted a bilingual exception for DLI one-way or two-way, lost the potential to be eligible for additional bilingual education allotment (BEA) funding. TEC §48.105(a-1)

It is recommended to review the list of teachers submitted in the previous application to determine if any have become bilingual/ESL certified going into the new school year.

Bilingual Exceptions and Waivers - Filing

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.

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.

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.

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.

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).

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))

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.

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).