Section 0520-01-19-.05 - STAFFING RATIOS(1) LEAs shall: (a) Provide adequate ESL staff to implement the chosen service model effectively, as documented by the progress in English language proficiency and academic content of their EL students.(b) Adequately staff their ESL programs to meet state and federal requirements. This includes, but is not limited to, having sufficient staff to ensure meaningful communication to parents or guardians of EL students with limited English proficiency, to identify EL students, and to monitor transitional EL students.(2) To meet the two (2) criteria of effective and compliant ESL programs, LEAs shall implement ESL programs based on the following staffing ratio standards:(a) ESL class sizes shall not exceed state-mandated grade-level class size requirements; and(b) The LEA-wide ESL program staffing ratio shall be based on an average of no more than thirty-five (35) identified EL students per full-time equivalent ESL teacher unless an alternate staffing ratio is approved by the Department of Education.(3) An alternative staffing ratio may only be approved when the LEA can show adequate academic growth and proficiency with the EL student population and can prove that EL students are receiving the required hours of service. LEAs seeking approval for a waiver for an alternate LEA-wide staffing ratio shall provide the following information upon application and, if approved, annually to the Department of Education:(a) The number of EL students served;(b) The proficiency levels of EL students;(c) The academic growth of EL students;(d) Evidence that no school in the LEA is an Additional Targeted Support and Intervention (ATSI) school based on the EL student accountability subgroup;(e) The most recent analysis for the EL student subgroup for achievement assessments in reading/language arts, mathematics, and science;(f) The proposed staffing ratio that will be used in place of the recommended thirty-five (35) to one (1) ratio; and(g) The justification for the alternate staffing ratio.Tenn. Comp. R. & Regs. 0520-01-19-.05
New rule filed April 7, 2021; effective July 6, 2021. Amendments filed June 12, 2024; effective 9/10/2024.Authority: T.C.A. §§ 49-1-104 and 49-1-302; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.