89.1220 LANGUAGE PROFICIENCY ASSESSMENT COMMITTEE
(a) School districts shall by local board policy establish and operate a language proficiency assessment committee. The school district shall have on file policy and procedures for the selection, appointment, and training of members of the language proficiency assessment committee(s).
(b) In school districts required to provide a bilingual education program, the language proficiency assessment committee shall be composed of the membership described in the Texas Education Code (TEC), §29.063. If the school district does not have an individual in one or more of the school job classifications required, the school district shall designate another professional staff member to serve on the language proficiency assessment committee. The school district may add other members to the committee in any of the required categories.
(c) In school districts and grade levels not required to provide a bilingual education program, the language proficiency assessment committee shall be composed of one or more professional personnel, a campus administrator, and a parent of an English language learner participating in the program designated by the school district.
(d) No parent serving on the language proficiency assessment committee shall be an employee of the school district.
(e) A school district shall establish and operate a sufficient number of language proficiency assessment committees to enable them to discharge their duties within 20 school days of the enrollment of English language learners.
(f) All members of the language proficiency assessment committee, including parents, shall be acting for the school district and shall observe all laws and rules governing confidentiality of information concerning individual students. The school district shall be responsible for the orientation and training of all members, including the parents, of the 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 language learners identified in accordance with §89.1225(f) of this title (relating to Testing and Classification of Students), and shall:
(1) designate the language proficiency level of each English language learner in accordance with the guidelines issued pursuant to §89.1210(b) and (e) of this title (relating to Program Content and Design);
(2) designate the level of academic achievement of each English language learner;
(3) designate, subject to parental approval, the initial instructional placement of each English language learner in the required program;
(4) facilitate the participation of English language learners in other special programs for which they are eligible provided by the school district with either state or federal funds; and
(5) classify students as English proficient in accordance with the criteria described in §89.1225(h) of this title, and recommend their exit from the bilingual education or English as a second language program.
(h) Before the administration of the state criterion-referenced test each year, the language proficiency assessment committee shall determine the appropriate assessment option for each English language learner as outlined in Chapter 101, Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments).
(i) The language proficiency assessment committee shall give written notice to the student's parent advising that the student has been classified as an English language learner and requesting approval to place the student in the required bilingual education or English as a second language program. The notice shall include information about the benefits of the bilingual education or English as a second language program for which the student has been recommended and that it is an integral part of the school program.
(j) Pending parent approval of an English language learner's entry into the bilingual education or English as a second language program recommended by the language proficiency assessment committee, the school district shall place the student in the recommended program, but may count only English language learners with parental approval for the bilingual education allotment.
(k) The language proficiency assessment committee shall monitor the academic progress of each student who has exited from a bilingual or English as a second language program during the first two years after exiting in accordance with the TEC, §29.0561.
(l) The student's permanent record shall contain documentation of all actions impacting the English language learner.
(1) Documentation shall include:
(A) the identification of the student as an English language learner;
(B) the designation of the student's level of language proficiency;
(C) the recommendation of program placement;
(D) parental approval of entry or placement into the program;
(E) the dates of entry into, and placement within, the program;
(F) assessment information as outlined in Chapter 101, Subchapter AA, of this title;
(G) additional instructional interventions provided to students to ensure adequate yearly progress;
(H) the date of exit from the program and parental approval; and
(I) the results of monitoring for academic success, including students formerly classified as English language learners, as required under the TEC, §29.063(c)(4).
(2) Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner as other student records to another school district in which the student enrolls.
(m) A school district may identify, exit, or place a student in a program without written approval of the student's parent or guardian if:
(1) the student is 18 years of age or has had the disabilities of minority removed;
(2) reasonable attempts to inform and obtain permission from a parent or guardian have been made and documented;
(3) approval is obtained from:
(A) an adult who the school district recognizes as standing in parental relation to the student, including a foster parent or employee of a state or local governmental agency with temporary possession or control of the student; or
(B) the student, if no parent, guardian, or other responsible adult is available; or
(4) a parent or guardian has not objected in writing to the proposed entry, exit, or placement.
Source: The provisions of this §89.1220 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; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822.