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LPAC Framework Manual 2019-2020 Texas Education Agency3

Table of ContentsResources

PEIMS Data Standards ................................................................................................................ 3

Coordination with Other Programs ............................................................................................... 24

• Summer School Programs .............................................................................................. 28

• Gifted and Talented ......................................................................................................... 36

• Special Education............................................................................................................ 41

Certificate of Training (English) .................................................................................................... 43

Certificate of Training (Spanish) ................................................................................................... 44

PEIMS Data Standards


Public Education Information Management System (PEIMS) Foreword

The following document was developed by the PEIMS Division of TEA to assist districts with the reporting requirements for limited English proficient (LEP).

Chapter 89 states that English learner is a student who is in the process of acquiring English and has another language as the primary language. The terms English language learner and English learner are used interchangeably and are synonymous with limited English proficient (LEP) student, as used in TEC, Chapter 29, Subchapter B. (89.1203)

In order to achieve a comprehensive understanding of the progression of information contained in the document, it is recommended that it be read from beginning to end in its entirety.


2019-2020Texas Education Data Standards(TEDS)

Section 4Description of Codes

Final Version 2020.1.0March 1, 2019

Prepared by: Information Technology Services Business Management Division


2019-2020 Texas Education Data StandardsSection 4 – Description of Codes

Final Version 2020.1.0

1

DESCRIPTION OF CODESThis section contains an alphabetical listing of the names of the code tables used with the data elements described in TEDS Section 2. The code tables are arranged in code table ID number sequence.

The code tables translate the code values and explain the translations where necessary. A description of the information to be found in each code table is as follows.

Information Description

Code Table ID Code Table Reference Number in The Form • "C---" which represents the PEIMS Code Tables• "DC---" which represents the TSDS Dashboard Code Tables

Name Name of The Code Table

XML Name XML name or tag for the data element as found in the XML schema

Date Issued Date the Code Was Published

Date Updated Date of The Last Change to The Code Table

Code A String of Characters Which Represents the Translation

Translation Meaning of The Code


Section 4 - Description of CodesFinal Version 2020.1.0

2019-2020 Texas Education Data Standards

Code Table ID

C061Name

LEP-INDICATOR-CODEXML Name

TX-LEPIndicatorType

DateIssued

4/10/1989

Date Updated3/1/2019

Code Translation

0 Not LEP/English proficient (EP)

1 Identified As LEP/English learner (EL)

F Student Reclassified from LEP/English learner (EL) Status - Monitored 1 (M1) - student has met reclassification criteria, is no longer classified as LEP/EL in PEIMS, is in his or her first year of monitoring as required by 19 TAC §89.1220(k), and is not eligible for Bilingual Education Allotment (BEA) funding due to the fact that he or she is not identified as LEP/EL.

S Student Reclassified from LEP/English learner (EL) Status - Monitored 2 (M2) - student has met reclassification criteria, is no longer classified as LEP/EL in PEIMS, is in his or her second year of monitoring as required by 19 TAC §89.1220(k), and is not eligible for Bilingual Education Allotment (BEA) funding due to the fact that he or she is not identified as LEP/EL.

3 Student Reclassified from LEP/English learner (EL) Status - Monitored 3 (M3) - student has met reclassification criteria, is no longer classified as LEP/EL in PEIMS, is in his or her third year of monitoring as required by 19 TAC §89.1220(k), and is not eligible for Bilingual Education Allotment (BEA) funding due to the fact that he or she is not identified as LEP/EL.

4 Student Reclassified from LEP/English learner (EL) Status - Monitored 4 (M4) - student has met reclassification criteria, is no longer classified as LEP/EL in PEIMS, is in his or her fourth year of monitoring as required by 19 TAC §89.1220(k), and is not eligible for Bilingual Education Allotment (BEA) funding due to the fact that he or she is not identified as LEP/EL.

5 Former LEP/EL Student (effective after fourth year of monitoring) - student has previously been identified as LEP/EL, has met reclassification criteria, and has completed four years or monitoring. The student continues with this status through the remainder of his or her school years in Texas and is not eligible for Bilingual Education Allotment (BEA) funding due to the fact that he or she is not identified as LEP/EL.

108




Code Table ID

C092Name

LANGUAGE-CODEXML Name

TX-LanguageType

DateIssued

4/10/1989


Code Translation

01 Spanish

02 Vietnamese

03 Laotian (Lao)

04 Cambodian (Khmer)

06 Korean

07 Japanese

08 French

09 German

98 English

99 Other languages

1A Afrikaans (Taal)

1B Akan (Fante, Asante)

1C Albanian, Gheg (Kossovo/Macedonia)

1D Albanian, Tosk (Albania)

1E Algonquin

1F Amharic

1G Apache

1H Arabic

1I Armenian

1J Assyrian (Syriac, Aramaic)

1K Balinese

1L Bengali

1M Bosnian

1N Bulgarian

1O Burmese

1P Cantonese (Chinese)

1Q Cebuano (Visayan)

1R Chamorro

117




Code Table ID

C092Name


TX-LanguageType

DateIssued

4/10/1989


Code Translation

1S Chaochow/Teochiu (Chinese)

1T Cherokee

1U Chippewa/Ojibawa/Ottawa

1V Choctaw

1W Comanche

1X Coushatta

1Y Creek

1Z Croatian

2A Crow

2B Czech

2C Danish

2D Dard

2E Dutch/Flemish

2F Efik

2G Eskimo

2H Estonian

2I Ethiopic

2J Ewe

2K Farsi (Persian)

2L Finnish

2M Fukien/Hokkien (Chinese)

2N Gaelic (Irish)

2O Gaelic (Scottish)

2P Greek

2Q Gujarati

2R Guyanese

2S Hainanese (Chinese)

2T Haitian-Creole

118




Code Table ID

C092Name


TX-LanguageType

DateIssued

4/10/1989


Code Translation

2U Hakka (Chinese)

2V Hausa

2W Hebrew

2X Hindi

2Y Hmong

2Z Hopi

3A Hungarian

3B Ibo/Igbo

3C Icelandic

3D Ilonggo (Hiligaynon)

3E Indonesian

3F Italian

3G Kache (Kaje, Jju)

3H Kannada (Kanarese)

3I Kanuri

3J Kashmiri

3K Kickapoo

3L Konkani

3M Kpelle

3N Krio

3O Kurdish

3P Kwa

3Q Latvian

3R Lingala

3S Lithuanian

3T Luganda

3U Lunda

3V Luyia (Luhya)

119




Code Table ID

C092Name


TX-LanguageType

DateIssued

4/10/1989


Code Translation

3W Macedonian

3X Malay

3Y Malayalam

3Z Maltese

4A Mandarin (Chinese)

4B Mande

4C Marathi

4D Menominee

4E Mien (Yao)

4F Navajo

4G Nepali

4H Norwegian

4I Okinawan

4J Oneida

4K Oriya

4L Orri (Oring)

4M Pampangan

4N Panjabi (Punjabi)

4O Pashto (Pushto)

4P Pilipino (Tagalog)

4Q Pima

4R Polish

4S Portuguese

4T Pueblo

4U Romanian

4V Romany (Gypsy)

4W Russian

4X Samoan

120




Code Table ID

C092Name


TX-LanguageType

DateIssued

4/10/1989


Code Translation

4Y Serbian

4Z Shanghai (Chinese)

5A Shona

5B Sikkimese

5C Sindhi

5D Sinhalese (Sri Lanka)

5E Sioux (Dakota)

5F Slavic

5G Slovenian (Slovene)

5H Somali

5I Sotho

5J Swahili

5K Swedish

5L Taiwanese/Formosan/Min Nan (Chinese)

5M Tamil

5N Telugu (Telegu)

5O Thai

5P Tibetan

5Q Tigrinya

5R Tiwa

5S Tuluau

5T Turkish

5U Ukrainian

5V Urdu

5W Welsh

5X Winnebago

5Y Yiddish

5Z Yombe

121




Code Table ID

C092Name


TX-LanguageType

DateIssued

4/10/1989


Code Translation

6A Yoruba

122




Code Table ID

C093Name

PARENTAL-PERMISSION-CODEXML Name

TX-ParentalPermissionType

DateIssued

4/10/1989


Code Translation

The following PARENTAL-PERMISSION-CODES do not allow a student to generate TOTAL-ELIG-BILINGUAL/ESL-DAYS-PRESENT (E0938)

3 Parent or guardian has requested placement of a non-LEP/English proficient (EP) student in the Bilingual program.

7 Parent Or Guardian Did Not Respond

8 Parent Or Guardian Was Not Contacted

C Parent or guardian has denied placement of a LEP/English learner (EL) student in any and all special language programs (Bilingual program, ESL program)

G Parent or guardian has approved the placement of a reclassified non-LEP/English proficient (EP) student in a Bilingual or ESL program

H Parent or guardian has requested placement of a non-LEP/English proficient (EP) student in the ESL program

The following PARENTAL-PERMISSION-CODES do allow a student to generate TOTAL-ELIG-BILINGUAL/ESL-DAYS-PRESENT (E0938)

A Parent or guardian has denied placement of a LEP/English learner (EL) student in the required Bilingual program, but has approved placement of a LEP/English learner (EL) student in the ESL program

D Parent or guardian has approved placement of a LEP/English learner (EL) student in the Bilingual program

E Parent or guardian has approved placement of a LEP/English learner (EL) student in the Bilingual program, but the LEA is implementing an alternative language program approved by the Texas Education Agency due to the LEAs submission of a Bilingual Education Exception for the current school year, per 19 TAC §89.1207

J Parent or guardian has approved the placement of a LEP/English learner (EL) student in the ESL program, but the LEA is implementing an alternative language program approved by the Texas Education Agency due to the LEAs submission of an ESL Waiver for the current school year, per 19 TAC §89.1207

K Parent or guardian has approved placement of a LEP/English learner (EL) student in the ESL program

123




Code Table ID

C175Name

BILINGUAL-PROGRAM-TYPE-CODEXML Name

TX-BilingualProgramType

DateIssued

3/3/2008


Code Translation

0 Student does not participate in the bilingual education program

2 Transitional Bilingual/Early Exit A bilingual program model in which students identified as LEP/English learners (EL) are served in both English and another language and are prepared to meet reclassification criteria to be successful in English-only instruction not earlier than two or later than five years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1), for the assigned grade level and content area.

3 Transitional Bilingual/Late Exit A bilingual program model in which students identified as LEP/English learners (EL) are served in both English and another language and are prepared to meet reclassification criteria to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for the assigned grade level and content area.

4 Dual Language Immersion/Two-Way A bilingual/biliteracy program model in which students identified as LEP/English learners (EL) are integrated with students proficient in English and are served in both English and another language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other than English in this program model is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061, for the assigned grade level and content area. Instruction provided in English in this program model may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061, for the assigned grade level and content area.

5 Dual Language Immersion/One-Way A bilingual/biliteracy program model in which students identified as LEP/English learners (EL) are served in both English and another language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other than English in this program model is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. Instruction provided in English in this program model may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061.

166




Code Table ID

C176Name

ESL-PROGRAM-TYPE-CODEXML Name

TX-ESLProgramType

DateIssued

3/3/2008


Code Translation

0 Student Does Not Participate In The English As A Second Language (ESL) Program

2 English As a Second Language/Content-Based An English acquisition program that serves students identified as LEP/English learners (EL) through English instruction by a teacher appropriately certified in ESL under TEC, §29.061(c), through English language arts and reading, mathematics, science, and social studies. The goal of content-based ESL is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading, mathematics, science, and social studies. English Proficient (EP) students may also participate in this program with parental permission, but they are not eligible for generating Bilingual Education Allotment (BEA) funds.

3 English As A Second Language/Pull-Out An English acquisition program that serves students identified as LEP/English learners (EL) through English instruction provided by an appropriately certified ESL teacher under the TEC, §29.061(c), through English language arts and reading. The goal of ESL pull-out is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading. Instruction shall be provided by the ESL teacher in a pull-out or inclusionary delivery model. English proficient (EP) students may also participate in this program with parental permission, but they are not eligible for generating Bilingual Education Allotment (BEA) funds.

167




Code Table ID

C221Name

ALTERNATIVE-LANGUAGE-PROGRAMXML Name

TX-AlternativeLanguageProgram

DateIssued

3/1/2019

Date Updated

Code Translation

00 Student does not participate in the alternative language program.

01 Alternative Bilingual Language ProgramThe LEA is implementing an alternative bilingual language program approved by the Texas Education Agency due to the submission of a bilingual education exception for the current school year, per 19 TAC §89.1207.

02 Alternative ESL Language ProgramThe LEA is implementing an alternative ESL language program approved by the Texas Education Agency due to the submission of an ESL waiver for the current school year, per 19 TAC §89.1207.

208

Coordination with Other Programs


Coordination with Other ProgramsThe language proficiency assessment committee (LPAC) process does not work in isolation. The continuous focus on the student often necessitates coordination and collaboration between and among other programs that also work with the English learner. The decisions of the LPAC will have an impact on the overall instructional program for the individual English learner. It is important that the LPAC receive all of the necessary information relating to the student’s needs, the student’s performance, language, cultural background, and the student’s participation in special programs. Collaboration among instructional personnel who have been trained to identify the needs of English learners and who must implement timely interventions is essential in maintaining a coherent instructional program that will lead to the improvement of student performance.

Some of the programs that are available to the English learner may include:

Summer School Special EducationAdvanced Academics-Gifted and Talented DyslexiaBefore and After School Tutorial Early Childhood ProgramsAt-Risk Programs Section 504Extra-Curricular (student clubs, UIL, etc.) Optional Extended YearCommunity-Based Programs Newcomer/Immigrant ProgramsCareer and Technical Education (CTE) Migrant (A Bright Beginning, Project SMART, etc.)

Written documentation becomes invaluable for collaborating and coordinating programs for the English learner. Information provided to PEIMS must be correct and timely. Parent input and notification is necessary at every phase of the LPAC process. The Title III program requires that parents become critical partners in the placement and monitoring of the student’s instructional program. The LPAC is not referring agent, but it can serve to identify available programs for the student as it deliberates throughout the year.


§89.1210. Program Content and Design.

(a) The bilingual education program and ESL program shall be integral parts of the general educational program required under Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, ELPS, and college and career readiness standards. In bilingual education programs, school districts shall purchase instructional materials in both program languages with the district’s instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes in accordance with TEC, §31.029(a). Instructional materials for bilingual education programs on the list adopted by the commissioner of education, as provided by TEC, §31.0231, may be used as curriculum tools to enhance the learning process. The school district shall provide for ongoing coordination between the bilingual/ESL program and the general educational program. The bilingual education and ESL programs shall address the affective, linguistic, and cognitive needs of English learners as follows.

§89.1220. Language Proficiency Assessment Committee.

(g) Upon their initial enrollment and at the end of each school year, the language proficiency assessment committee shall review all pertinent information on all English learners identified in accordance with §89.1225(f) of this title (relating to Testing and Classification of Students) or §89.1226 of this title (relating to Testing and Classification of Students, Beginning with School Year 2019-2020) and shall:

(4) Facilitate the participation of English learners in other special programs for which they are eligible while ensuring full access to the language program services required under the TEC, §29.053.

Summer SchoolPrograms


Commissioner Mike Morath1701 North Congress Avenue • Austin, Texas 78701-1494 • 512 463-9734 • 512 463-9838 FAX • tea.texas.gov

DATE: March 28, 2019SUBJECT: Summer School Program for English Learners (ELs) in Kindergarten

and First GradeCATEGORY: Required English Learner ProgramsNEXT STEPS: Share with appropriate staff

19 Texas Administrative Code (TAC), §89.1250, Required Summer School Programs, requires Local Educational Agencies (LEAs) to provide a summer school program for English learners who will be eligible for admission to kindergarten or first grade at the beginning of the next school year. LEAs required to offer a bilingual education or special language program during the 2018-2019 school year, including those with approved exceptions, must offer the summer school program. Funding has been appropriated, and reimbursements to LEAs will be processed in the fall of 2019 through the Grants Administration Division.

Reimbursement amounts will be based on teaching units with 18 students or a fraction thereof constituting a unit. Since the appropriation for this program is a fixed amount, it will be necessary to prorate unit allotments if enrollment exceeds projections. Based on 2018 program costs, it is suggested that LEAs plan for reimbursements of approximately $1,100 per unit. Business managers should be informed that the fund code is 289 and that payment to the LEA will be provided through direct deposit.

In accordance with 19 TAC §89.1250(3)(B), LEAs operating a two-semester system are required to offer the program for one-half day for eight weeks while school is recessed for the summer or for a total of 120 hours of instruction on a schedule established by the board of trustees or governing board. LEAs operating year-round schools are required to offer a program during intercessions for a total of 120 hours of instruction.

For students who have not attended school previously and need to be identified as English learners,19 TAC §89.1225 requirements related to testing and classification of students must be followed. The 2018-2019 List of Approved Tests for Assessment of English Learners will need to be used for this year only for the identification process and can be found on the Bilingual/ESL webpage at http://tea.texas.gov/bilingual/esl/education/ under the Documents section.

Please note that data will be collected through the Public Education Information Management System (PEIMS) for summer school 2019. “THE-BILINGUAL/ESL-SUMMER-SCHOOL-INDICATOR-CODE” is included in the Student Program Extension as documented in the 2018-2019 Texas Student Data System (TSDS) Data Standards to identify students participating in the Bilingual/ESL Summer School Program. This indicator code is collected in Submission 4 only, and the due date to TEA is August 29, 2019.

If you have any questions regarding requirements, please contact Barbara Kennedy, Director of English Learner Support, at (512) 463-9414. Questions regarding the PEIMS submission should be submitted through the TSDS Incident Management System (TIMS), which is available within the TSDS portal. Funding questions may be submitted to the TEA Help DESK.

http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089bb.html#89.1250

http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089bb.html#89.1225

https://tea.texas.gov/bilingual/esl/education/

https://tea.texas.gov/bilingual/esl/education/

https://helpdesk.tea.texas.gov/hc/en-us


ATTACHMENTTexas Administrative Code Title 19 Chapter 89. Adaptations for Special PopulationsSubchapter BB. Commissioner’s Rules Concerning State Plan for Educating English Language Learners

§89.1250. Required Summer School Programs.

Summer school programs that are provided under the Texas Education Code (TEC), §29.060, for English language learners who will be eligible for admission to kindergarten or Grade 1 at the beginning of the next school year shall be implemented in accordance with this section

(1) Purpose of summer school programs.

(A) English language learners shall have an opportunity to receive special instruction designed to prepare them to be successful in kindergarten and Grade 1.

(B) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student.

(C) The program shall address the affective, linguistic, and cognitive needs of the English language learners in accordance with §89.1210(c) and (f) of this title (relating to Program Content and Design).

(2) Establishment of, and eligibility for, the program.

(A) Each district required to offer a bilingual or English as a second language (ESL) program in accordance with the TEC, §29.053, shall offer the summer program.

(B) To be eligible for enrollment:

(i) a student must be eligible for admission to kindergarten or to Grade 1 at the beginning of the next school year and must be an English language learner; and

(ii) a parent or guardian must have approved placement of the English language learner in the required bilingual or ESL program following the procedures described in §89.1220(g) of this title (relating to Language Proficiency Assessment Committee) and §89.1225(a)-(f) of this title (relating to Testing and Classification of Students).

(C) Limited English proficiency shall be determined by evaluating students using an oral language proficiency test approved by the Texas Education Agency.

(3) Operation of the program.


(A) Enrollment is optional.

(B) The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction.

(C) The student/teacher ratio for the program district-wide shall not exceed 18 to one.

(D) A district is not required to provide transportation for the summer program.

(E) Teachers shall possess certification or endorsement as required in the TEC, §29.061, and §89.1245 of this title (relating to Staffing and Staff Development).

(F) Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term.

(G) A school district may join with other school districts in cooperative efforts to plan and implement programs.

(H) The summer school program shall not substitute for any other program required to be provided during the regular school term, including those required in the TEC, §29.153.

(4) Funding and records for programs.

(A) A school district shall use state and local funds for program purposes. School districts may use federal funds, consistent with requirements for the expenditure of federal funds, for the program.

(i) Available funds appropriated by the legislature for the support of summer school programs provided under the TEC, §29.060, shall be allocated to school districts in accordance with this subsection.

(ii) Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a pupil/teacher ratio of not more than 18 to one. The numbers of students required to earn units shall be established by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available.

(iii) Any school district required to offer the program under paragraph (2)(A) of this subsection that has less than ten students district-wide desiring to participate is not required to operate the program. However, those schools districts must demonstrate that they have aggressively attempted to encourage student participation.


(iv) Payment to school districts for summer school programs shall be based on units employed. This information must be submitted in a manner and according to a schedule established by the commissioner in order for a school district to be eligible for funding.

(B) A school district shall maintain records of eligibility, attendance, and progress of students

Source: The provisions of this §89.1250 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822

§89.1265. Evaluation.

(a) All districts required to conduct a bilingual education or English as a second language program shall conduct periodic assessment in the languages of instruction to determine program impact and student outcomes in all subject areas.

(b) Annual reports of educational performance shall reflect the academic progress in either language of the English language learners, the extent to which they are becoming proficient in English, the number of students who have been exited from the bilingual education and English as a second language programs, and the number of teachers and aides trained and the frequency, scope, and results of the training. These reports shall be retained at the district level.

(c) School districts shall report to parents the progress of their child as a result of participation in the program offered to English language learners in English and the home language at least annually.

(d) Each school year, the principal of each school campus, with the assistance of the campus level committee, shall develop, review, and revise the campus improvement plan described in the Texas Education Code, §11.253, for the purpose of improving student performance for English language learners.

Source: The provisions of this §89.1265 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective April 18, 2002, 27 TexReg 3107; amended to be effective May 28, 2012, 37 TexReg 3822.

Gifted and Talented


Chapter 89. Adaptations for Special PopulationsSubchapter A. Gifted/Talented Education

Statutory Authority: The provisions of this Subchapter A issued under the Texas Education Code, §29.122 and §42.156(b), unless otherwise noted.

§89.1. Student Assessment.

School districts shall develop written policies on student identification that are approved by the local board of trustees and disseminated to parents. The policies must:

(1) include provisions for ongoing screening and selection of students who perform or show potential for performing at remarkably high levels of accomplishment in the areas defined in the Texas Education Code, §29.121;

(2) include assessment measures collected from multiple sources according to each area defined in the Texas State Plan for the Education of Gifted/Talented Students;

(3) include data and procedures designed to ensure that students from all populations in the district have access to assessment and, if identified, services for the gifted/talented program;

(4) provide for final selection of students to be made by a committee of at least three local district educators who have received training in the nature and needs of gifted students; and

(5) include provisions regarding furloughs, reassessment, exiting of students from program services, transfer students, and appeals of district decisions regarding program placement.

Source: The provisions of this §89.1 adopted to be effective September 1, 1996, 21 TexReg 5690.

§89.2. Professional Development.

School districts shall ensure that:

(1) prior to assignment in the program, teachers who provide instruction and services that are a part of the program for gifted students have a minimum of 30 hours of staff development that includes nature and needs of gifted/talented students, assessing student needs, and curriculum and instruction for gifted students;

(2) teachers without training required in paragraph (1) of this section who provide instruction and services that are part of the gifted/talented program must complete the 30-hour training requirement within one semester;

(3) teachers who provide instruction and services that are a part of the program for gifted students receive a minimum of six hours annually of professional development in gifted education; and


(4) administrators and counselors who have authority for program decisions have a minimum of six hours of professional development that includes nature and needs of gifted/talented students and program options.

Source: The provisions of this §89.2 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective February 13, 2000, 25 TexReg 776.

§89.3. Student Services.

School districts shall provide an array of learning opportunities for gifted/talented students in kindergarten through Grade 12 and shall inform parents of the opportunities. Options must include:

(1) instructional and organizational patterns that enable identified students to work together as a group, to work with other students, and to work independently;

(2) a continuum of learning experiences that leads to the development of advanced-level products and performances;

(3) in-school and, when possible, out-of-school options relevant to the student's area of strength that are available during the entire school year; and

(4) opportunities to accelerate in areas of strength.


§89.5. Program Accountability.

School districts shall ensure that student assessment and services for gifted/talented students comply with accountability standards defined in the Texas State Plan for the Education of the Gifted/Talented.


Special Education


Pre-Referral Recommendations to Consider for English Learners

May be used by LPAC and ARD Committee when they meet to discuss entry criteria and identification

• Are student’s academic problems due to a language difference? It is important to recognize • and understand normal difficulties that can result from the acculturation process and learning a

second language from a disability.• Is the deficiency reflective of a socioeconomic disadvantage rather than a disability?• Did the child start their schooling in the United States? If no, how many years did the child attend

school in their own country?• Is there evidence of any academic difficulties/problems while attending school in their country?• Is the student’s academic or behavioral problem consistent and pervasive?• What type of instructional strategies and interventions that are culturally and linguistically

appropriate have been attempted to meet the needs of the struggling English learner? What were the results? In what languages have the strategies and interventions been provided?

• Have multiple culturally and linguistically appropriate assessment measures been administered by culturally responsive, trained testing personnel?

• Have formal assessments been supplemented with other procedures and knowledge to make accurate language evaluations? (To include an understanding of native language development sequence, second language learning processes, individual learning and developmental differences)

• Has a broad base of student data (school, home, community, peer groups) been collected and analyzed?

An equitable and effective evaluation of culturally and linguistically diverse students is a complex process that requires the involvement of administrators, teachers, support staff, and parents in the decision-making effort.

Wilson-Portuondo, M. & Hardy P., (2001); Burnett, J., (1998); Cloud, N. (1988), Rhodes R., Ochoa S., & Ortiz S., (2005)


Variables to Address When Making Special Education Placement Decisions for English learners

May be used by LPAC and ARD Committee when they meet to discuss entry criteria and identification

• Age of student• Type and degree of impairment or disability• Level of academic achievement• Entry level language skills (upon entering school)• Measured intellectual ability• Language measures• Method of measuring academic achievement and intellectual ability• Language used in measuring academic achievement and intellectual ability• Time spent in the United States• Level of adaptive behavior• Current cultural home setting• Social maturity• Level of language proficiency (receptive and expressive) in native language and English• Amount and type of language input received in the home environment• Speech and language capabilities in native language and English• Presence of multiple handicaps• Ambulation or mobility• Success in past and present placements• Wishes of student and parents

Baca, L. & Cervantes, H., (1991); Baca, L. & Payon, R., (1989), Rhodes R., Ochoa S., & Ortiz S., (2005)