copyright tea, 2009. all rights reserved. texas education agency bilingual exceptions and esl...

Copyright TEA, 2009. All rights reserved.Copyright TEA, 2009. All rights reserved.

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


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


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.


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.


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.


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.


Submission Deadline

November 1

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


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.


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/bipresentations.html


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.


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.


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.


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.


Instructional DesignsAny 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


Performing Based Monitoring

Information regarding districts submitting for a bilingual education

exception and/or ESL waiver is shared with Performance Based Monitoring.


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.


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.


Assurances are no longer required to be submitted if a district does not need either a bilingual education exception

or an ESL waiver.


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


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.


Bilingual ExceptionsA 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.


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, Commissioner’s 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: [email protected]

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


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)


FORM 1: REQUEST FOR EXCEPTION TO THE BILINGUAL EDUCATION PROGRAM

Section 1: District/Charter School Data

A. 657 Number of identified limited English proficient (LEP) students (district-wide)

B. 20 Number of teachers with bilingual certification employed in the district or charter school

C. 19 Number of teachers with bilingual certification currently teaching bilingual education

D. 0 Number of non-certified permanent substitute teachers providing bilingual education instruction

E. 3 Number of teachers currently on special permit for bilingual education granted by the State Board for Educator Certification

F. 19 Number of English as a Second Language (ESL) certified teachers employed in the district or charter school at all grade levels

G. 12 Number of ESL certified teachers currently teaching ESL at all grade levels

H. 0 Number of non-certified permanent substitute teachers providing ESL instruction at all grade levels

I. 9 Total number of teachers instructing LEP students under bilingual education exception (Spanish and other languages) Sum of I = K+L

J. 1 Number of consecutive years since 1999-2000 for which school district or charter school has requested either bilingual education exceptions or ESL waivers(if this is your first year enter 1 )1) K. 5 Number of teachers instructing LEP students under bilingual education exception (Spanish)

L. 4 Number of teachers instructing LEP students under bilingual education exception (languages other than Spanish)


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.



888-678-987 We Will Succeed Spanish

Campus Number Campus Name Language of Exception

A. Language Arts [Language(s) of Instruction]

B. Math/Science/Social Studies [Language(s) of Instruction]

C. Number of Students Under Exception

D. Instructional Design

E. Number of Classrooms Under Exception

Grade PL ESL PL ESL

PK K 1 2 3 4 x x 11 TA 4 5 x x 10 3 6 TOTALS 21 7


Bilingual Action Plan 5a


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.


Bilingual Action Plan 5aAction Timeline

Grade Levels

Number of Bilingual Teachers to be hired yearly per grade level

2009-2010 PK

K 1st 2nd 3rd 4th 5th 6th 2010-2011 PK K 1st 2nd 3rd 4th 5th 6th


Bilingual Action Plan 5b


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.


Bilingual Action Plan 5b

Action Timeline Recruiting and Training Dates and Locations 2009-2010



District/Charter School Name County-District NumberSection 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 [email protected] Typed Name of Superintendent Superintendent’s email __A. Bee [email protected] Person for the District/Charter School Contact email (555)555-5555 __(555) 555-5123____________________________ Contact Fax Number Contact Phone Number


ESL WaiversAn 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.)


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.


FORM 2: REQUEST FOR WAIVER FOR THE ENGLISH AS A SECOND LANGUAGE (ESL) PROGRAM

Section 1: District/Charter School DataA. 354 Number of identified limited English proficient (LEP) students (district-wide)

B. 15 Number of teachers with bilingual certification employed in the district or charter school

C. 10 Number of teachers with bilingual certification currently teaching bilingual education

D. 0 Number of non-certified permanent substitute teachers providing bilingual education instruction

E. 3 Number of teachers currently on special permit for bilingual education granted by the State Board for Educator Certification

F. 12 Number of English as a Second Language (ESL) certified teachers employed in the district or charter school at all levels

G. 10 Number of ESL certified teachers currently teaching ESL at all levels

H. 0 Number of non-certified permanent substitute teachers providing ESL instruction at all levels I 1 Number of teachers instructing LEP students under ESL waiver J. 1 Number of consecutive years since 1999-2000 for which school district or charter school has

requested either bilingual education exceptions or ESL waivers(if this is your first year enter 1 )1)


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


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.


ESL Action Plan 6a

Action Timeline Grade Levels Number of ESL Teachers to be hired yearly per grade level

2009-2010 PK K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th


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.


ESL Action Plan 6b

Action Timeline Recruiting and Training Dates and Locations 2009-2010


FORM 2: REQUEST FOR WAIVER FOR THE FORM 2: REQUEST FOR WAIVER FOR THE ENGLISH AS A SECOND LANGUAGE (ESL) ENGLISH AS A SECOND LANGUAGE (ESL)

PROGRAMPROGRAMSection 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 [email protected] Typed Name of Superintendent Superintendent’s email

__A. Bee [email protected] Person for the District/Charter School Contact email (555)555-5555 __(555) 555-5123____________________________ Contact Fax Number Contact Phone Number


Please email the superintendent’s signature page with the superintendent’s signature together with the bilingual exception and /or the ESL waiver request by November 1, 2009 to:Bilingual [email protected]

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


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 year’s recruiting plan was accomplished


Bilingual Exceptions/ESL WaiversCriteria 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


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 commissioner’s 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;



(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;



(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;



(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.



(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.



(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.



(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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