Texas Education Agency presentation

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Transcript and Presenter's Notes

Title: Texas Education Agency

1
Texas Education Agency

Bilingual Exceptions and ESL Waivers
Georgina Gonzalez Susie
Coultress
Director
Assistant Director

The information on the following slides is
from 19 TAC Chapter 89, Adaptations for Special
Populations, Subchapter BB, Commissioner's Rules
Concerning State Plan for Educating Limited
English Proficient Students, Section 89.1205,
Required Bilingual Education and English as a
Second Language Programs

3
Request for Exception to the Bilingual Education
Program

(a) Each school district which has an
enrollment of 20 or more limited English
proficient students in any language
classification in the same grade level
district-wide shall offer a bilingual education
program as described in subsection

4
Request for Exception to the Bilingual Education
Program (cont.)

(b) of this section for the limited English
proficient students in prekindergarten through
the elementary grades who speak that language.
"Elementary grades" shall include at least
prekindergarten through Grade 5 sixth grade
shall be included when clustered with elementary
grades.

5
Request for Exception to the Bilingual Education
Program (cont.)

Districts or charter schools that are unable
to provide a bilingual education program are
required by 19 TAC 89.1207(a) to request from
the Commissioner of Education an exception to the
bilingual education program and approval to offer
an alternative program by submitting Form 1,
Request for Exception to the Bilingual Education
Program.

6
Request for Waiver for English as a Second
Language Program

(d) All limited English proficient students
for whom a district is not required to offer a
bilingual education program shall be provided an
English as a second language program as described
in subsection (e) of this section, regardless of
the students' grade levels and home language, and
regardless of the number of such students.

7
Request for Waiver for English as a Second
Language Program (cont.)

Districts or charter schools unable to provide
an ESL certified teachers to implement the ESL
program are required by 19 TAC 89.1207(b) to
request from the Commissioner of Education a
waiver of the certification requirements for
teachers who will provide ESL instruction by
submitting Form 2, Request for Waiver for English
as a Second Language (ESL) Program.

8
Submission Deadline

November 1
All data must be from information prior to
November 1, 2009.

9
Are charter schools required to provide bilingual
certified teachers and ESL supplemental certified
teachers?

Yes. If you are required to offer these
programs based on 19 TAC 89.1205, then the
teachers must be certified appropriately.

10
Does TEA verify the colleges and universities
reported on the bilingual exception form 1 and
ESL waiver form 2?

Yes. The Bilingual Education Unit
collaborates with the State Board for Educator
Credentialing on colleges and universities
offering certification programs.
Please refer to the Bilingual Teacher
Recruitment Strategies power point
http//ritter.tea.state.tx.us/curriculum/biling/bi
presentations.html

11
Annual comparison of previously submitted
bilingual exceptions form 1 and ESL waivers form
2

Every ESL waiver and bilingual exception is
compared from one year to the next to note
progress and to review if proposed action plan is
met.

12
Can a district or charter school use permanent
substitute teachers to teach LEP students?

Yes, but only if these teachers have valid
Texas teaching certificates and are properly
certified in Bilingual Education or hold an ESL
supplemental certification as required by the
program that the district or charter school is
required to implement.

13
Does a district/charter school need to
re-submit their application if they lose the
certified teacher during the school year?

If this situation occurs after November 1 for
the 2009-10 school year only, there is no need to
resubmit. Try to serve the students with a
certified teacher. Solve the situation as quickly
as possible and keep all documentation.

14
School data in the bilingual exception form 1
and ESL waiver form 2 if submitting both forms

Though most district data is the same when
submitting for both an exception and a waiver,
there are some differences in the information
submitted. The differences are on page 2 of the
Request for Exception to the Bilingual Education
Program letters I, K, and L. The questions
pertain to number of teachers instructing LEP
students under bilingual education exception for
Spanish and languages other than Spanish.

15
Instructional Designs

Any of the following letters that will most
appropriately describe the instructional design
used by your district in that class may be used
SC Self Contained
TA - Teacher Assistant
PO Pull-Out
I Inclusion

16
Performing Based MonitoringInformation
regarding districts submitting for a bilingual
education exception and/or ESL waiver is shared
with Performance Based Monitoring.
17
Coding of LEP students under bilingual exception
form 1

Only the students who receive ESL services
under an approved exception to the bilingual
program are coded ESL on PEIMS in that grade
during that year only.

18
Reason for submission of a bilingual education
exception or an ESL waiver

A Bilingual exception needs to be submitted
only if your district/charter school has an
insufficient number of bilingual teachers to be
in compliance in offering the required program
with Title 19 Texas Administrative Code (TAC)
Chapter 89.1245 Staffing and Staff Development.
An ESL waiver needs to be submitted only if
the district/charter school does not have a
sufficient number of ESL teachers to be in
compliance in offering the required program with
Title 19 TAC Chapter 89.

19
Assurances are no longer required to be submitted
if a district does not need either a bilingual
education exception or an ESL waiver.
20
Bilingual certification for Vietnamese or Chinese
teachers

Bilingual Generalist EC-4 Vietnamese
Bilingual Generalist Vietnamese 4-8
Bilingual supplemental Vietnamese EC-4 and 4-8
Bilingual Chinese

21
Bilingual Exceptions

A bilingual exception form 1 must include
an action plan that states what the district or
charter school will do to ensure that the
required bilingual program will be provided the
next year, including plans for recruiting
training an adequate number of teachers to
eliminate the need for subsequent exceptions.

22
Bilingual Exceptions

A bilingual exception form 1 must show that the
district has
taken all reasonable affirmative steps to hire
sufficient certified bilingual teachers
reduced the number of teachers under exceptions
implemented affirmative hiring policies
procedures and
not unjustifiably denied employment to properly
certified bilingual teachers in the past 12
months.

23
Bilingual Exceptions

A bilingual exception form 1 must show that
the district is
implementing specific measures to eliminate the
need for a bilingual exception by 25 for the
Spanish bilingual program and
providing a training program for staff assigned
to provide the alternative program and using 10
of the bilingual allotment for this training.

2009-2010 TRANSMITTAL FORM FOR BILINGUAL
EDUCATION EXCEPTION FORM 1 AND ESL WAIVER FORM 2
District/Charter School Name
County-District Number
Authority for Data Collection Texas Education
Code (TEC) Subchapter B, 29.054 Texas
Administrative Code (TAC) Title 19, Chapter 89,
Subchapter BB, Commissioners Rules Concerning
State Plan for Educating Limited English
Proficient Students.
Planned Use of the Data Documentation of
district or charter school compliance with state
requirements for serving students
of limited English proficiency.
Instructions Please designate a contact person
for the district/charter school, and check one or
both statements below concerning the present
status of the Bilingual/English as a Second
Language program in your district or charter
school. For further information, please contact
our office at (512) 463-9581.

Original forms must be typed and submitted
electronically by November 1, 2009 to
BilingualExceptions_ESLWaivers_at_tea.state.tx.us
Please save the document in the following manner
prior to submitting
District ABC Bilingual Ed. Exception OR ESL
Waiver (actual date sent) e.g. October 28, 2009
PLEASE DO NOT FAX FORMS

26
2009-2010 TRANSMITTAL FORM FOR BILINGUAL
EDUCATION EXCEPTION FORM 1 AND ESL WAIVER FORM 2

District/Charter School Contact Person
Email Phone
? FORM 1 The district/charter school requests an
exception to the bilingual education program.
(If this statement is checked, this page and
Form 1 Request for Exception to the Bilingual
Education Program, on pages 2, 3, 4, 5, 6and 7
must be completed and submitted to TEA.
(electronically)
? FORM 2 The district/charter school requests a
waiver of certification requirements for its ESL
program.
(If this statement is checked, this page and
Form 2 Request for Waiver for the English as a
Second Language (ESL) Program, on pages 8, 9,10
and 11must be completed and submitted to TEA.
(electronically)

27
FORM 1 REQUEST FOR EXCEPTION TO THE BILINGUAL
EDUCATION PROGRAM Section 1 District/Charter
School Data
28

PAGE (p.3)
Complete only the rows for the grade levels in
which you are requesting an exception. Do not
record information for any grade level in which
you have appropriately certified bilingual
teachers. (e.g. bilingual-Spanish,
bilingual-Vietnamese, etc.)
Columns A and B - Language(s) of Instruction for
Language Arts, Math/Science/Social Studies in
each grade level, indicate the language of
instruction by placing a check mark (?) in the
appropriate column. The PL column refers to
Primary Language instruction. The ESL column
refers to English as a Second Language
instruction. The district or charter school
should provide as much instruction in the
students primary language (PL) as needed to
develop literacy and content knowledge. ESL
instruction must be provided in language arts and
the content areas.
Column C - Number of Students Under Exception
record the number of students who are not
receiving instruction from a bilingually
certified teacher at the appropriate grade level.
Add up the number of students and write the
total number in the TOTALS row of this column.

PAGE (p.3)
Column D Instructional Design Create an
appropriate code or phrase to describe the
instructional design(s) or method(s) of
instructional delivery being used to serve
students under exception. You will be asked to
describe these codes in detail in Section 2,
question 3. Example SC Self Contained
Bilingual Classroom.
Column E Number of Classrooms Under Exception
For each grade where data has been entered,
record the number of classrooms where students
are receiving the alternative bilingual services.
(Example If one ESL certified teacher provides
instruction to different grade levels in a
pull-out model, this counts as one classroom.)
Add up the number of classrooms and write the
total in the TOTALS row of this column.
Duplicate the following page, as needed.
Complete for each campus and for each language in
which an exception is requested.

30
FORM 1 REQUEST FOR EXCEPTION TO THE BILINGUAL
EDUCATION PROGRAM
31
Bilingual Action Plan 5a

FORM 1 REQUEST FOR EXCEPTION TO THE
BILINGUAL EDUCATION PROGRAM
5a. Using the following chart describe the
actions the district or charter school will take
to ensure that the required bilingual education
program will be provided and continued beginning
with the 2009-2010 school year, including
district or charter school plans for recruiting
and training an adequate number
of teachers to eliminate the need for
subsequent exceptions.

32
Bilingual Action Plan 5a
33
Bilingual Action Plan 5b

FORM 1 REQUEST FOR EXCEPTION TO THE
BILINGUAL EDUCATION PROGRAM
5b. Using the following chart describe the
actions the district or charter school will take
to ensure that the required bilingual education
program will be provided and continued beginning
with the 2009-2010 school year, including
district or charter school plans for recruiting
and training an adequate number of teachers to
eliminate the need for subsequent exceptions.

34
Bilingual Action Plan 5b
35
FORM 1 REQUEST FOR EXCEPTION TO THE BILINGUAL
EDUCATION PROGRAM

District/Charter School Name County-District
Number
Section 3 Assurances
I assure that
At least 10 of the bilingual education allotment
shall be used to carry out this training program.
The proposed actions described in this request
form will be implemented.
Documentation of completion of the proposed
actions in this form will be submitted to the
Texas9Education Agency by November 1, 2009.
Powerful Leader
September 20, 2009
Signature of Superintendent
Date signed
Powerful Leader
PowerfulLeader_at_HighAchievingISD.org
Typed Name of Superintendent
Superintendents email
__A. Bee
A.Bee_at_HighAchievingISD.org
Contact Person for the District/Charter School
Contact email
(555)555-5555
__(555) 555-5123____________________________
Contact Fax Number Contact
Phone Number

36
ESL Waivers

An ESL waiver form 2 must include
all of those items required for a bilingual
exception except I, K, L
the names of the teachers not on permit who are
assigned to the ESL program and who have never
been submitted previously for an ESL waiver and
the estimated date for completion of the ESL
supplemental certification. (The date must be
within the present school year.)

37
ESL Waivers

An ESL waiver form 2 must include actions that
the district or charter school will take to
ensure that the required ESL program will be
provided and continued beginning with the
requested school year.

38
FORM 2 REQUEST FOR WAIVER FOR THE ENGLISH AS A
SECOND LANGUAGE (ESL) PROGRAMSection 1
District/Charter School Data
39

3 . Provide names of the teachers not on
permit who are assigned to implement the ESL
program and estimated date for the completion of
the ESL endorsement for each teacher under a
waiver. Names of teachers who have been listed
on previous waivers cannot be submitted again.
Teachers who have been submitted in previous
years since1999 on an ESL waiver cannot be
resubmitted. Teachers who have not received ESL
certification are not eligible to teach in an ESL
classroom. Failure to complete these fields will
result in non-approval from the Agency. Attach
a list if more space is needed.
(Before May 2010)
Teacher Name Campus Name Grade Level(s)
Date of Completion
Betsy Brown High Achieve 123 5th
grade April 1, 2010

40
ESL Action Plan 6a

FORM 2 REQUEST FOR WAIVER FOR THE ENGLISH
AS A SECOND LANGUAGE (ESL) PROGRAM
6a. Using the following chart describe the
actions the district or charter school will take
to ensure that the required ESL program will be
provided and continued beginning with the
2009-2010 school year, including district or
charter school plans for recruiting and training
an adequate number of teachers to eliminate the
need for subsequent waivers by November 2009.

41
ESL Action Plan 6a
42
ESL Action Plan 6b

FORM 2 REQUEST FOR WAIVER FOR THE ENGLISH
AS A SECOND LANGUAGE (ESL) PROGRAM
6b. Using the following chart describe the
actions the district or charter school will take
to ensure that the required ESL program will be
provided and continued beginning with the
2009-2010 school year, including district or
charter school plans for recruiting and training
an adequate number of teachers to eliminate the
need for subsequent waivers by November 2010.

43
ESL Action Plan 6b
44
FORM 2 REQUEST FOR WAIVER FOR THE ENGLISH AS A
SECOND LANGUAGE (ESL) PROGRAM

Section 3
I assure that
At least 10 of the bilingual education allotment
shall be used to carry out this training program.
The proposed actions described in this request
form will be implemented.
Documentation of completion of the proposed
actions in this form will be submitted to the
Texas Education Agency by November 1, 2009.
Powerful Leader
September 20, 2009
Signature of Superintendent
Date signed
Powerful Leader
PowerfulLeader_at_HighAchievingISD.org
Typed Name of Superintendent
Superintendents email
__A. Bee
A.Bee_at_HighAchievingISD.org
Contact Person for the District/Charter School
Contact email
(555)555-5555
__(555) 555-5123____________________________
Contact Fax Number Contact
Phone Number

Please email the superintendents signature
page with the superintendents signature together
with the bilingual exception and /or the ESL
waiver request by November 1, 2009 to
Bilingual Exceptions_ESLWaivers_at_tea.state.tx.us
Please save the document in the following manner
prior to submitting
District ABC Bilingual Ed. Exception (actual
date sent) e.g. October 28, 2009 signature page
PLEASE DO NOT FAX THIS PAGE

46
Bilingual Exceptions/ESL Waivers

Criteria for Review of Forms
alternative program is appropriate and adequate
to meet the needs of students and fulfill the
requirements of the law
the recruiting plan is adequate (must include
time lines)
the previous years recruiting plan was
accomplished

47
Bilingual Exceptions/ESL Waivers

Criteria for Review of Forms
years requesting bilingual exceptions/ESL
waivers
teachers on bilingual exception
teachers on ESL waiver
teachers on bilingual exception and/or ESL
waiver has decreased yearly by at least 25 for
the Spanish bilingual program
and of student enrollment impacted

48
Bilingual Exceptions/ESL Waivers

Only districts or charter schools that do not
have certified personnel in the bilingual or ESL
programs must submit one of these two options
BILINGUAL EXCEPTION FORM 1 if teachers with
bilingual certification are not available (pages
1-7)
ESL WAIVER FORM 2 if ESL supplemental certified
teachers are not serving LEP students that are
required to receive ESL instruction (pages1
8-11)

Professional Development
to Increase Numbers of
Certified Teachers

Grow Your Own
will train high school students and send them as
tutors to elementary campuses to encourage them
to become bilingual teachers
will offer a stipend to those that will pursue
the bilingual certification and return to their
district for at least five years
will fund Bilingual/ESL TExES Preparation Courses
(15 - 40 hour program) and
will offer Title III Cooperative Professional
Development Sessions for teachers pursuing
certification.

The High Achieving ISD will solicit referrals
from our current faculty. Should the referral be
from a country outside the USA, the district will
work with INS. The goal is to obtain bilingual
teachers to make exceptions unnecessary for our
school. The district will be responsible for
training the teachers in their native country to
pass the necessary tests to become bilingually
certified to teach in Texas.

TITLE 19. EDUCATION
Subchapter BB.
COMMISSIONER'S RULES CONCERNING STATE PLAN FOR
EDUCATING LIMITED ENGLISH PROFICIENT STUDENTS
19 TAC 89.1207

89.1207. Exceptions and Waivers.
(a) Bilingual education program.
(1)Exceptions. A district that is unable to
provide a bilingual education program as
required by 89.1205(a) of this title (relating
to Required Bilingual Education and English as a
Second Language Programs) shall request from the
commissioner of education an exception to the
bilingual education program and the approval of
an alternative program. The approval of an
exception to the bilingual education program
shall be valid only during the school year for
which it was granted. A request for
a bilingual education program exception must be
submitted by ______ 1 and shall include
(A) a statement of the reasons the district is
unable to offer the bilingual education
program with supporting documentation
(B) a description of the proposed alternative
modified bilingual education or intensive
English as a second language programs designed
to meet the affective, linguistic, and
cognitive needs of the limited English
proficient students, including the manner
through

89.1207. Exceptions and Waivers.
(B) which the students will be given an
opportunity to master the essential knowledge
and skills required by Chapter 74 of this title
(relating to Curriculum Requirements)
(C)an assurance that certified teachers
available in the district will be assigned to
grade levels beginning at prekindergarten
followed successively by subsequent grade
levels to ensure that the linguistic and
academic needs of the limited English
proficient students with beginning levels of
English proficiency are served on a priority
basis
(D)a description of the training program which
the district will provide to improve the skills
of the certified teachers that are assigned to
implement the proposed alternative program,
and an assurance that at least 10 of the
bilingual education allotment shall be used to
fund this training program and

89.1207. Exceptions and Waivers.
(E) a description of the actions the district
will take to ensure that the program required
under 89.1205(a) of this title will be provided
the subsequent year, including its plans for
recruiting and training an adequate number of
certified teachers to eliminate the need for
subsequent exceptions and measurable targets for
the subsequent year.
(2) Approval of exceptions. Bilingual education
program exceptions will be granted by the
commissioner of education if the requesting
district
(A) meets or exceeds the state average for
limited English proficient student performance
on the required state assessments
(B)meets the requirements and measurable
targets of the action plan described in
paragraph (1)(E) of this subsection submitted
the previous year and approved by the Texas
Education Agency (TEA) or

89.1207. Exceptions and Waivers.
(C) reduces by 25 the number of teachers
under exception for bilingual Spanish
programs when compared to the number of
exceptions granted the previous year.
(3) Denial of exceptions. A district denied a
bilingual education program exception must
submit to the commissioner of education a
detailed action plan for complying with
regulations for the following school year.
(4) Appeals. A district denied a bilingual
education program exception may appeal to the
commissioner or the commissioner's designee. The
decision of the commissioner or commissioners
designee is final and may not be appealed
further.

89.1207. Exceptions and Waivers.
(5) Special accreditation investigation. The
commissioner may authorize a special
accreditation investigation under the TEC,
39.075, if a district
(A) is denied a bilingual education
program exception for more than three
consecutive years or
(B) is granted an exception based on
meeting or exceeding the state average for
limited English proficient student performance
on the required state assessments but has
excessive numbers of allowable exemptions from
the required state assessment.
(6) Sanctions. Based on the results of a special
accreditation investigation, the commissioner
may take appropriate action under the TEC,
39.131.

89.1207. Exceptions and Waivers.
(b) English as a second language program.
(1) Waivers. A district that is unable to
provide an English as a second language program
as required by 89.1205(d) of this title
because of an insufficient number of certified
teachers shall request from the commissioner
of education a waiver of the certification
requirements for each teacher who will provide
instruction in English as a second language for
limited English proficient students. The
approval of a waiver of certification
requirements shall be valid only during the
school year for which it was granted. A
request for an English as a second language
program waiver must be submitted by October 1
and shall include
(A) A statement of the reasons the district
is unable to provide a sufficient number of
certified teachers to offer the English as a
second language program

89.1207. Exceptions and Waivers.
(A) a statement of the reasons the district
is unable to provide a sufficient number of
certified teachers to offer the English as a
second language program
(B) a description of the manner in which the
teachers in the English as a second language
program will meet the affective, linguistic,
and cognitive needs of the limited English
proficient students, including the manner
through which the students will be given
opportunity to master the essential knowledge
and skills required by Chapter 74 of this
title

89.1207. Exceptions and Waivers.
(C) an assurance that certified teachers
available in the district will be assigned to
grade levels beginning at prekindergarten
followed successively by subsequent grade
levels in the elementary school campus, and on
the basis of need for secondary campuses, to
ensure that the linguistic and academic needs
of the limited English proficient students
with the lower levels of English proficiency
are served on a priority basis
(D) the name of each teacher not on permit
who is assigned to implement the English as a
second language program and estimated date
for the completion of the English as a second
language supplemental certification for each
teacher under a waiver, which must be
completed by the end of the school year for
which the waiver was requested

89.1207. Exceptions and Waivers.
(E) a description of the training program
which the district will provide to improve the
skills of the certified teachers that are
assigned to implement the proposed English as
a second language program, and an assurance
that at least 10 of the bilingual education
allotment shall be used to fund this training
and
(F) a description of the actions the district
will take to ensure that the program required
under 89.1205(d) of this title will be provided
the subsequent year, including its plans for
recruiting and training an adequate number of
certified teachers to eliminate the need for
subsequent waivers.

89.1207. Exceptions and Waivers.
(2) Approval of waivers. English as a
second language waivers will be granted by the
commissioner of education if the requesting
district
(A) meets or exceeds the state average for
limited English proficient student
performance on the required state
assessments or
(B) meets the requirements and measurable
targets of the action plan described in
paragraph (1)(D) of this subsection submitted
the previous year and approved by the TEA.
(3) Denial of waivers. A district denied an
English as a second language program waiver
must submit to the commissioner of education
a detailed action plan for complying with
required regulations for the following school
year.

89.1207. Exceptions and Waivers.
(4) Appeals. A district denied an English as a
second language waiver may appeal to the
commissioner or the commissioner's designee.
The decision of the commissioner or
commissioner's designee is final and may not be
appealed further.
(5) Special accreditation investigation. The
commissioner may authorize a special
accreditation investigation under the TEC,
39.075, if a district
(A) is denied an English as a second language
waiver for more than three consecutive years
or
(B) is granted a waiver based on meeting or
the state average for limited English
proficient student performance on the
required state assessments but has excessive
numbers of allowable exemptions from the
required state assessments.

89.1207. Exceptions and Waivers.
(6) Sanctions. Based on the results of a
special accreditation investigation, the
commissioner may take appropriate action under
the TEC, 39.131.

Additional information on Bilingual/ESL education
can be accessed by visiting the Bilingual/ESL
Unit website
http//ritter.tea.state.tx.us/curriculum/biling/
Join our listserv
http//miller.tea.state.tx.us/list/

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