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Bilingual Exceptions and ESL Waivers

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Filing November 1st

All LEAs file their bilingual exception and ESL waiver on November 1st of every year and report to the agency their need of appropriately certified teachers to serve their EB students in the required bilingual education program.

Things to consider when filing for a bilingual exception and/or ESL waiver:

Requests for a Bilingual Exception and/or ESL Waiver must be submitted through the application on the agency TEAL Waiver Systems by November 1st.
Each LEA that has an enrollment of 20 or more students identified as EB students for the same language and in the same grade level district-wide shall offer a bilingual program. The LEA shall request an exception for the same year the enrollment reached 20 and for ANY language that has reached the enrollment requirement.
Only 1 application is needed per LEA. If filing for both an exception and waiver and/or for multiple campuses, this information can be added in the Summary section of the application.
Include a Description of the temporary Alternative Methods to meet the students’ affective, linguistic, and cognitive needs and aligned as closely as possible to the required bilingual and ESL program and in a manner through which the students will be given opportunity to master the essential knowledge and skills required by Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, English language proficiency standards (ELPS), and college and career readiness standards (CCRS).
An Action Plan with 3-5 measurable targeted activities planned for the current school year to recruit, hire, and retain appropriately certified teachers and may eliminate the need for subsequent exceptions and waivers.
- Identify when in the cyclical process the activities will be monitored to ensure the temporary alternative methods are aligned as closely as possible to the required bilingual/ESL program goals.
- Distinguish how the TEA bilingual and/or ESL certification courses will be leveraged to support teachers with an exception or waiver.
A detailed Comprehensive Professional Development Plan A detailed Comprehensive Professional Development Plan assuring the use of a minimum of 10% of their BEA funds.
- Identify the professional development sessions that will aim to support teachers with the preparation needed for the appropriate certification exam, Describe the professional development sessions that will provide teachers with an exception or waiver obtain the knowledge and skills to serve EB students’ affective, linguistic, and cognitive needs.

Strategy of Implementation: Provide a brief description on how the proposed instructional environment with temporary alternative methods for the district's required bilingual and/or ESL program will meet the affective, linguistic, and cognitive needs of EB students. Include a description of how the program may differ across campuses or grade levels.

Activity: (Describes the Instructional Environment)	Purpose/Goal of this Activity:	Frequency of Activity Completion Date: (The cyclical process and Key Player completing activity.)
	Affective:	August – October November – January February – April May – June
	Linguistic:	August – October November – January February – April May – June
	Cognitive:	August – October November – January February – April May – June

A temporary alternative method descriptor is assigned in PEIMS to each student whose teacher(s) are not appropriately certified by November 1 of the current school year. While the exception/waiver application shows how many of the LEA's teachers are not appropriately certified to implement the language programs to which they are assigned, and the alternative method descriptor identifies the number of students affected.

The temporary alternative methods, however, are separate from the descriptor. These methods constitute the LEA's "temporary instructional plan that meets the affective, linguistic, and cognitive needs of EB students and equips the teacher under a bilingual exception or an ESL waiver . . . to align closely to the required bilingual or ESL program through the comprehensive professional development plan" [TAC §89.1203(1)].

In other words, what actions will the LEA take to ensure that students' needs are met in the absence of an appropriately certified teacher? The answer to this question will vary based on multiple factors, such as the program model being implemented, availability of instructional support in the building, and the strengths and needs of each teacher under the exception or waiver.

As the LEA determines how they will ensure students' instructional days mirror the intended program, they can complete the following chart to submit in the application and for use throughout the year.

In this example, an LEA has submitted an ESL waiver for teachers in grades 3, 4, 8, and 11. The temporary alternative methods plan below shows ongoing support and PD checkpoints.

Program Model	Grade(s)	Implemented Action/Activity	Purpose of Action/Activity	Frequency
ESL, pullout	MS, HS	ESL specialists meet in PLCs and plan ELA/Reading lessons for EB students served by teachers on exception/waiver.	Provide CBLI-aligned recommendations and planning based on students' proficiency levels.	Every 2 weeks
ESL, pullout	MS, HS	Department chairs and ESL specialists hold monthly check-ins with teachers.	Track PD attendance, materials needs, and instructional practices; adjust supports.	Every 2 weeks
ESL, push-in	3-4	Co-teaching during Reading/Language Arts with explicit language objectives.	Model scaffolds for language acquisition within content lessons.	Weekly
ESL, campus-wide	All	After-school certification prep and job-embedded coaching cycles.	Support certification pathway and CBLI lesson delivery.	6-9 weeks of school

The same LEA submitted a bilingual exception in K-1 while teachers complete certification. The temporary actions below scaffold literacy and language development while ensuring program fidelity.

Program Model	Grade(s)	Implemented Action/Activity	Purpose of Action/Activity	Frequency
DLI one-way	K,1	Certified bilingual interventionists co-teach the literacy block and mentor teachers.	Ensure Spanish literacy instruction is modeled and monitored while teachers complete pathway.	First 9 weeks; re-evaluate
DLI one-way	2	Spanish language clubs and para support during small-group reading.	Increase Spanish oral language and reading fluency with targeted practice.	3 days/week, year-long

The district's action plan should describe a detailed strategy for targeted recruiting activities planned for the current school year. The action plan should include 3-5 measurable activities to strengthen and support program implementation by:

preparing teachers to effectively serve EB students' needs,
support teachers seeking certification, and
efforts to retain and recruit certified teachers to the district.

Each activity should include frequency or timeline of task, responsible parties, and any resources being used. Each activity should be monitored for progress throughout the school year, and at end of year, each activity should be evaluated to determine if the measurable goal was met.

The activities should:

1) demonstrate support for teachers seeking certification,
2) reflect efforts to recruit certified teachers to the district, and
3) strengthen program implementation by preparing teachers under the bilingual exception or ESL waiver to better serve the needs of the district's emergent bilingual students.

Annual Plan
Activity:	Goal for the Activity:	Activity Tracking: (quarter from the cyclical process)	Person Responsible for Implementation:
1.		Aug-Oct Nov-Jan Feb-Apr May-July
2.		Aug-Oct Nov-Jan Feb-Apr May-July
3.		Aug-Oct Nov-Jan Feb-Apr May-July
4.		Aug-Oct Nov-Jan Feb-Apr May-July
5.		Aug-Oct Nov-Jan Feb-Apr May-July

The district offers PD courses and support to all new teachers pending exams to become bilingual and/or ESL certified.
The Academic Language Programs (ALPs) Department provides support and PD to teachers placed on plans of action to become ESL or Bilingual certified.
HR creates the plans of action that are issued to teachers and the employee signs in agreement that they will become certified by a certain date. The deadline for completion is to be met by the end of the waiver or exception.
New and active special education teachers are included.
Teachers are allocated financial assistance via reimbursement for state certification exams and certificate fee.
Growing our own teachers via the teacher aide ranks is a way that we attempt to recruit and retain good employees.
Hiring a pool of candidates early is another strategy to ensure there is a qualified pool of hired teachers ready for principals to bring on board to their schools. The number of teachers in the pool is determined based on a five-year trend for bilingual/ESL leavers. Human Resources forecasts the need for the upcoming school year as early as December of the academic school year.
HR recruits at local university and college job fairs, online, through social media and advertisements throughout the city.
District supported teacher residents and student teachers are interviewed and hired prior to graduation in order to ensure that qualified teachers are recruited early.
District reimburses partial ACP fees for our new teachers hired under an ACP. The ALPs Department strengthens the teachers through research-based professional development based on the needs of the student EB population.
Teachers will be provided resources and a scope and sequence with the goal to certify by the end of the school year or sooner and ensure student success regardless of their native language.

Cottonwood ISD is committed to meeting each activity for the 2025/2026 school year to meet the requirements. The plan ensures that Cottonwood ISD can effectively address the needs of our EB students, support teachers in their certification pathway, and retain and recruit appropriately certified teachers.

Mentorship and Professional Development for Teachers on ESL Waivers

Activity

Establish a mentorship program pairing ESL-certified teachers with those under an ESL waiver. The program includes monthly mentor sessions, targeted professional development workshops, and shadowing opportunities to enhance instructional practices.

Goal

Ensure that 90% of teachers under an ESL waiver complete at least 10 hours of focused mentorship and professional development during the school year.

Measurement

The bilingual department will be responsible for mentorship program pairing, track completion rates, and collect feedback to gauge improved teaching effectiveness and confidence among mentees.

Support and Incentive Program for ESL Certification

Activity

Launch a ESL certification support program, which includes study sessions, and access to test preparation materials. Teachers participating in this program access the TExES 154 modules available on TEALearn website and/or the live 154 cohorts available on TXEL. Teachers will receive funding assistance to cover certification exam fees after passing the ESL exam and adding it to their standard certification.

Goal

Achieve a 20% increase in ESL-certified teachers among currently employed teachers by the end of the school year.

Measurement

Teachers will submit the course completion certificates for all 4 domain modules on TEALearn or completion certification of the live cohorts. The bilingual department will track the number of teachers enrolled in the program and track those who have successfully obtained the ESL certification. The bilingual department will communicate with HR to ensure teachers receive compensation for exam fees once it has been added to their standard certification.

Recruitment Initiatives Targeted at ESL-Certified Teachers

Activity

HR, administration, and the bilingual department will collaborate with local universities, teacher preparation programs, and recruitment fairs to specifically target ESL-certified candidates. Additionally, launch an online recruitment campaign highlighting the district's incentives and support for ESL educators.

Goal

Increase the number of new hires with ESL certification by 30% compared to last year's figures.

Measurement

Measure the number of applications received and hired teachers who hold ESL certification at the start of the school year and each quarter.

Recruitment Initiatives Targeted at ESL-Certified Teachers

Activity:	Goal for the Activity:	Activity Tracking	Person Responsible for Implementation:
Host in-district job fairs and attend regional job fairs to strengthen recruitment efforts for certified bilingual and ESL teachers.	Recruit certified teachers,particularly those in bilingual and ESL areas, to support emergent bilingual students.	August- October November – January February – April May - July	Human Resources Department and Department of Language Acquisition
Support uncertified teachers with completing required exam requirements, helping them fulfill educator preparation program requirements.	Support uncertified teachers in achieving certification by providing resources to help them successfully pass certification exams. This will include in-house training and opportunity to access 154 and 164 training modules in the TEALearn platform and live cohorts available through TXEL PD.	November - January February - April	Human Resources Department
Promote and publicize vacant positions, prioritizing outreach for certified bilingual and ESL teachers.	Attract certified bilingual and ESL teachers to fill key roles by enhancing targeted advertising efforts.	February - April May - July	Human Resources Department,Department of Language Acquisition, and Communication Department
Equip teachers under the Strengthen program August- October Department of Language bilingual exception or ESL waiver with targeted training and resources provided by the Curriculum and Instruction team and the Department of Language Acquisition.	Strengthen program implementation to better support emergent bilingual students.	November – January February – April May - July	Acquisition Staff

A structured professional development plan, for this year's cyclical process, to ensure educators under the exception or waiver meet certification requirements while enhancing their teaching skills to ensure the affective, linguistic, and cognitive needs of EB students are being met.
PD plan should include:

Use of 10% of BEA funds to provide PD on certification preparation (TExES 164, 190, & 154).
Personnel responsible for PD delivery of certification preparation and personnel attending.
Title and description of PD provided to ensure high-quality instruction is delivered for EB students (SLA, CBLI methods, program model implementation).

Following are exemplars of comprehensive PD plans:

Cottonwood ISD plans to use ten percent of the BEA funds to prepare teachers under E & W through the following high-impact professional learning opportunities during the 2024-2025 school year. Teachers are also encouraged to attend conferences related to bilingual education to increase motivation and the benefits of becoming certified.

PD Title	Provided By	Description	Participants
ESL 154 asynchronous Courses 1-4	Modules using TEALearn	Teachers listed under the ESL waiver will prepare for the certification exam by completing the 4 modules in TEALearn. These will cover the three domains from foundations of ESL to concepts of second language acquisition.	Teachers on ESL Waiver. Teachers can choose to complete the asynchronous courses or attend the live cohort provided by the ESC.
154 Cohort Preparation	ESC	Local ESC will provide a 3-day cohort for a total of 15 hours to help teachers prepare for the exam. The training will unpack questions in the exam to increase their accuracy. Teachers will receive comprehensive training presented in real-life relevant terms.	Teachers on ESL Waiver. Teachers can choose to complete the asynchronous courses or attend the live cohort provided by the ESC.
BE 164 asynchronous	TEALearn	Teachers listed under the bilingual exceptions will prepare for the certification exam by completing TEALearn course. The course is designed to prepare teachers for the BES exam and continue building community of practitioners who are passionate advocates for the EB students in Texas.	Teachers on bilingual waiver
CBLI Practices	ESC Support	Content Based Language Instruction will be provided to all teachers and teaching assistants listed on exceptions and waivers. CBLI will provide Tier 1 instruction to help emphasize the targeted and intentional methods used to meet the affective, linguistic, and cognitive needs of EB students through the medium of content.	All teachers on E & W and teaching assistants.
Importance of ELPS	Bilingual Department	ELPS training will help educators and teaching assistants understand the importance of integrating English Language Proficiency Standards with TEKS to obtain mastery in both content and language. The outcome is for teachers to deliver high quality lessons that promote linguistic and academic growth.	All teachers on E & W and teaching assistants.
Cooperative Learning to improve academic language development	Consultant	All teachers on the E & W application will attend 3 sessions on cooperative learning to improve academic language development. Teachers will learn various cooperative learning methods tailored to specific language domains. The purpose is to increase intentional practices where EB students can interact with content and peers.	Teachers on E & W will attend all 3 sessions.

Bluebird ISDs comprehensive professional development plan for the 2024 2025 school year aims to reduce ESL waiver needs and equip teachers to meet Emergent Bilingual students academic and language needs. This initiative focuses on language acquisition, literacy development, and ESL certification to enhance instructional practices across the district.

The plan begins with targeted PD in language acquisition, where ESL waiver teachers will receive training in Content Based Language Instruction to increase lesson accessibility for EB students. This training will be provided by ESC. By focusing on adapting content to meet EB students' needs, this training will ensure teachers are equipped with strategies that enhance students' comprehension and engagement in waiver classes. The district has set a completion target of January 2025, aiming to empower teachers to fully support EB learners' language needs by mid-year.
Additionally, a focus on literacy development support will provide ESL waiver teachers with consultant led modeling sessions and ongoing follow up. These sessions will focus on implementing effective literacy instruction strategies for EB students, fostering both language and content mastery. By March 2025, the district aims for an 85 percent usage rate of these strategies among waiver teachers. This follow up structure encourages continuous improvement and refinement, ensuring strategies are consistently applied in classrooms to support EB student success.
To advance ESL certification efforts, Bluebird ISD bilingual department will offer comprehensive ESL certification preparation for all waiver teachers, focusing on readiness for the TExES 154 exam. Structured test prep sessions and individual support aim to achieve 100 percent test prep completion by February 2025. This initiative supports the districts' goal of having all ELAR teachers certified by years end, aligning with state compliance standards and decreasing the reliance on ESL waivers.
Further, all core content teachers will participate in ESL focused PD to enhance language acquisition strategies across the curriculum. This training will be provided by content coaches with collaboration of bilingual department and will aim to improve EB students' oral language proficiency and academic engagement, with a goal that 100 percent of core teachers will incorporate these ESL strategies into their instruction by the end of the year.

This district wide commitment fosters a language supportive environment, benefiting all EB students and enriching the educational experience.

The agency's yearly State Waiver Guidebook provides users a step-by-step process on how to obtain the appropriate credentials to log onto the TEAL platform and file for waivers, including the Bilingual Exception and ESL Waivers. All LEAs will file for an exception and/or waiver on the agency TEAL platform for the current school year.

District representatives responsible to file waivers for the LEA will need the appropriate credentials to submit the application on the online platform by November 1^st as needed. For additional information, see the Applying for TEAL Waivers Access in the Waiver Guidebook.

Texas Education Agency State Waivers Unit
512-463-9630
waivers@tea.texas.gov
tea.texas.gov/texas-schools/waivers/state-waivers

Resources

The resources below will assist you in preparation for and filing of bilingual exceptions and ESL waivers.

For more information, contact the Emergent Bilingual Support Division at emergentbilingualsupport@tea.texas.gov.