Texas Register, Volume 33, Number 6, Pages 1013-1190, February 8, 2008 Page: 1,066
1013-1190 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
lish or in Spanish. A LEP student may be administered a Spanish ver-
sion of the assessment of academic skills for a maximum of three years.
If the LEP student is an immigrant, the number of LEP exemptions and
administrations of the assessment in Spanish must not exceed three.
(b) In accordance with paragraphs (1) - (4) of this subsection,
certain immigrant LEP students who have had inadequate schooling
outside the U.S. may be eligible for an exemption from the assessment
of academic skills during a period not to exceed their first three school
years of enrollment in U.S. schools. The term "immigrant" in this sub-
chapter is defined as a student who has resided outside the 50 U.S. states
for at least two consecutive years.
(1) In Grades 2-12, an [An] immigrant LEP student who
achieves a rating of advanced high on the state-administered [reading
proficieny tests in] English language proficiency assessment in read-
ing during the student's first school year of enrollment in U.S. schools
is not eligible for an exemption in the second or third school year of
enrollment in U.S. schools. An immigrant LEP student who achieves a
rating of advanced or advanced high on this assessment during the stu-
dent's second school year of enrollment in U.S. schools is not eligible
for an exemption in the third school year of enrollment in U.S. schools.
(2) During the first school year of enrollment in U.S.
schools, the immigrant student may be granted a LEP exemption if the
LPAC determines that the student has not had the schooling outside the
U.S. necessary to provide the foundation of learning that Texas schools
require and measure on the assessment, whether the foundation be in
knowledge of the English language or specific academic skills and
concepts in the subjects assessed.
(3) During the second and third school year of enrollment
in U.S. schools, the immigrant student whose schooling outside the
U.S. was inadequate and for whom a primary language assessment is
not available may be granted a LEP exemption if the LPAC determines
that the student lacks the academic language proficiency in English
necessary for an assessment of academic skills in English to measure
the student's academic progress in a valid, reliable manner.
(4) During the second and third school year of enrollment
in U.S. schools, the immigrant student whose schooling outside the
U.S. was inadequate and for whom a Spanish-version assessment is
available is not eligible for a LEP exemption and must take the assess-
ment in either English or Spanish unless:
(A) the student is in an English as a second language
(ESL) program, which does not call for instruction in Spanish, and
the LPAC determines that the student lacks the language proficiency
in English and the academic instruction in Spanish and/or literacy in
Spanish for the assessment in either English or Spanish to measure the
student's academic progress in a valid, reliable manner; or
(B) the student is in a bilingual education program and
the LPAC has documentation, including signed verification by the par-
ent or guardian whenever possible, that there was an extensive period
of time outside the U.S. in which the student did not attend school
and that this absence of schooling resulted in such limited academic
achievement and/or literacy that assessment in either English or Span-
ish is inappropriate as a measure for school accountability. The term
"extensive period of time outside the U.S.," as used in this subpara-
graph, shall be defined in the test administration materials.
(c) Students exempted under subsection (b) of this section
shall be administered assessments in subjects and grades required by
federal law and regulations as delineated in the test administration
materials. Exempt students assessed only for federal accountability
purposes shall not be subject to the grade advancement requirements
under the Student Success Initiative.(d) A LEP student whose parent or guardian has declined the
services required by the Texas Education Code, Chapter 29, Subchapter
B, is not eligible for an exemption under subsection (b) of this section.
The student shall take the assessments of academic skills in English and
the English language proficiency assessments required by 101.1001 of
this title (relating to English Language Proficiency Assessments).
(e) School districts may administer the assessment of aca-
demic skills in Spanish to a student who is not identified as limited
English proficient but who participates in a two-way bilingual program
if the LPAC determines the assessment in Spanish to be the most
appropriate measure of the student's academic progress. However, the
student may not be administered the Spanish-version assessment for
longer than three years.
101.1009. Limited English Proficient Students Who Receive Special
Education Services.
(a) The provisions of this subchapter apply to limited English
proficient (LEP) students who receive special education services except
as otherwise specified in this section.
(b) The admission, review, and dismissal (ARD) committee
in conjunction with the language proficiency assessment committee
(LPAC) shall make decisions [Decisions] regarding the selection of
assessments and appropriate accommodations for LEP students who
receive special education services [shall be made by the admission-, re-
view, and ,1isis;al l .(ARD) c mittee, .which inlus a 11 language pro-
ficiency assessment committee (LPAC) member t ensure that issues
related to the student's language proficiency are duly considered].
(c) A LEP student who receives special education services
may be exempted from the English language proficiency assessments
required by 101.1001 of this title (relating to English Language
Proficiency Assessments) only if the ARD committee and LPAC
determine [determines] that these assessments cannot provide a mean-
ingful measure of the student's annual growth in English language
proficiency for reasons associated with the student's disability.
(d) The provisions of 101.1007(b) and (c) of this title (relat-
ing to Limited English Proficient Students at Grades Other Than the
Exit Level) apply to the state's general and alternate assessments [as-
sessment] of academic skills [and the statedeveloped alternative as-
sessment of aademie skills] .
(e) A LEP student who receives special education services and
whose parent or guardian has declined the services required by the
Texas Education Code, Chapter 29, Subchapter B, is not eligible for
an exemption on the basis of limited English proficiency.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 25,
2008.
TRD-200800357
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 475-1497
CHAPTER 105. FOUNDATION SCHOOL
PROGRAM33 TexReg 1066 February 8, 2008 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 33, Number 6, Pages 1013-1190, February 8, 2008, periodical, February 8, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90780/m1/52/: accessed July 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.