How do I know if I need to file an ESL Waiver and/or a Bilingual Education Exception?
And what resources are available to help me minimize the number of Waivers and/ or Exceptions I need to file?
The ESL Certification Calculators
are resources to support school districts,
including Charters and Districts of Innovation, in planning for providing appropriate ESL program models,
per ESL certification requirements as noted in TAC 89.1210 (d). Additionally,
these resources serve to facilitate calculation of potential ESL waivers and for proper PEIMS coding entry related to ESL programming.
The ESL Certification Calculator Explanation and Navigation Video
(approx. 47:00 min)
is provided alongside the ESL Certification Calculator resources for Elementary and Secondary Levels
in order to provide instructions and clarity on utilizing these resources. The first half of the video addresses
elementary and intermediate levels, and the section on secondary levels begins at 20:30. A PDF of the ESL Certification
Waiver Scenarios PowerPoint that is presented in the video is also provided as a resource
The ESL Program Waiver Scenarios
is a resource that serves as a tandem tool with the ESL Certification Calculators
to provide extended clarity for ESL waiver submission requirements and appropriate PEIMS coding.
Where should I go If I need to file a Bilingual Exception and/or ESL Waiver?
For information to file a Bilingual Exception and/or ESL Waiver, visit:
What are the requirements for filing a Bilingual Education (BE) Exception and/or an ESL Waiver to meet the needs of the state’s English Learners?
School districts, including Charters and Districts of Innovation, that apply for a bilingual education (BE)
exception and/or an ESL waiver must develop a comprehensive professional development (PD) plan targeting the
competencies needed to serve the needs of English learners.
(D) is an assurance that a school district will implement a comprehensive professional development plan that:
(i) is ongoing and targets the development of the knowledge, skills, and competencies needed to serve the needs of English learners;
(ii) includes the teachers who are not certified or not appropriately certified who are assigned to implement the proposed alternative program; and
(iii) may include additional teachers who work with English learners.
What supplemental staffing can be funded to support the implementation of instruction and/or support program services?
Texas provides Bilingual Education Allotment (State Funding) to Local Education Agencies (LEAs) that serve English learners. As per state statute, these funds must be used to provide services to English learners through bilingual Education and/or English as a Second Language (ESL) programs. Some allowable use of funds included salaries for bilingual/ESL teacher aides/paraprofessionals and consulting fees for ESC coaches to provide ongoing professional development.
Note: Title III, Part A funds cannot be used to meet the state requirements for serving English learners. Title III, Part A funds are supplemental to all other funds, including, local, state and other federal funds.
Title III, Part A – ELA funds allows supplemental staffing to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards. School districts/Charter schools will indicate in their ESSA Consolidated Federal Application under
BS6101 – Payroll Costs the position type.
Note: Title III, Part A – ELA statute limits the amount of funds that may be budgeted to administer the program,
including direct administrative costs, to no more than 2% of the total grant awarded for any fiscal year.