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TAC ¡ì89.1201. Policy.

(a) It is the policy of the state that every student in the state who has a home language other than English and who is identified as limited English proficient shall be provided a full opportunity to participate in a bilingual education or English as a second language program, as required in the Texas Education Code, Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in the Texas Education Code, ¡ì1.002(a), each school district shall:

(1) identify limited English proficient students based on criteria established by the state;

(2) provide bilingual education and English as a second language programs, as integral parts of the regular program as described in the Texas Education Code, ¡ì4.002;

(3) seek certified teaching personnel to ensure that limited English proficient students are afforded full opportunity to master the essential skills and knowledge required by the state; and

(4) assess achievement for essential skills and knowledge in accordance with the Texas Education Code, Chapter 39, to ensure accountability for limited English proficient students and the schools that serve them

TAC ¡ì89.1245. Staffing and Staff Development.

(a) School districts shall take all reasonable affirmative steps to assign appropriately certified teachers to the required bilingual education and English as a second language programs in accordance with the Texas Education Code, ¡ì29.061, concerning bilingual education and special language program teachers. Districts which are unable to secure a sufficient number of certified bilingual education and English as a second language teachers to provide the required programs, shall request emergency teaching permits or special assignment permits, as appropriate, in accordance with Chapter 230, Subchapter Q, of this title (relating to Permits).

(b) School districts which are unable to employ a sufficient number of teachers, including part-time teachers, who meet the requirements of subsection (a) of this section for the bilingual education and English as a second language programs shall apply on or before October 1 for an exception to the bilingual education program as provided in ¡ì89.1205(g) of this title (relating to Required Bilingual Education and English as a Second Language Programs) or a waiver of the certification requirements in the English as a second language program as provided in ¡ì89.1205(h) of this title (relating to Required Bilingual Education and English as a Second Language Programs) as needed.

(c) Teachers assigned to the bilingual education program and/or English as a second language program may receive salary supplements as authorized by the Texas Education Code, ¡ì42.153.

(d) Districts may compensate teachers and aides assigned to bilingual education and English as a second language programs for participation in continuing education programs designed to increase their skills or lead to bilingual education or English as a second language certification.

(e) Districts which are unable to staff their bilingual education and English as a second language programs with fully certified teachers shall use at least 10% of their bilingual education allotment for preservice and inservice training to improve the skills of the teachers who provide the instruction in the alternative bilingual education program, who provide instruction in English as a second language, and/or who provide content area instruction in special classes for limited English proficient students.

(f) The commissioner of education shall encourage districts to cooperate with colleges and universities to provide training for teachers assigned to the bilingual education and/or English as a second language programs.

(g) The Texas Education Agency (TEA) shall develop, in collaboration with Education Service Centers (ESCs), bilingual education training guides for implementing bilingual education and English as a second language training programs. The materials shall provide a framework for:

(1) developmentally appropriate bilingual education programs for early childhood through the elementary grades;

(2) affectively appropriate instruction in bilingual education and English as a second language programs in accordance with ¡ì89.1210(c)(1) and ¡ì89.1210(e)(1) of this title (relating to Program Content and Design);

(3) linguistically appropriate bilingual education and English as a second language programs in accordance with ¡ì89.1210(c)(2) and ¡ì89.1210(e)(2) of this title (relating to Program Content and Design);

(4) cognitively appropriate programs for limited English proficient students in accordance with ¡ì89.1210(c)(3) and ¡ì89.1210(e)(3) of this title (relating to Program Content and Design); and

(5) developmentally appropriate programs for gifted and talented limited English proficient students and limited English proficient students with handicaps.

Source: The provisions of this ¡ì89.1245 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3107.