Section 101.1003 - English Language Proficiency Assessments(a) In Kindergarten-Grade 12, an emergent bilingual (EB) student, as defined by Texas Education Code (TEC), Chapter 29, Subchapter B, as a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork, shall be administered state English language proficiency assessments annually in listening, speaking, reading, and writing to fulfill state requirements under TEC, Chapter 39, Subchapter B, and federal requirements.(b) In rare cases, the admission, review, and dismissal (ARD) committee in conjunction with the language proficiency assessment committee (LPAC) may determine that it is not appropriate for an EB student in Grades 2-12 who receives special education services to participate in the general English language proficiency assessment required by subsection (a) of this section for reasons associated with the student's particular disability.(1) Students with the most significant cognitive disabilities who cannot participate in the general English language proficiency assessment, even with allowable accommodations, and meet the participation requirements for the alternate English language proficiency assessment shall participate in the alternate English language proficiency assessment to meet federal requirements.(2) The ARD committee shall document the decisions and justifications in the student's individualized education program, and the LPAC shall document the decisions and justifications in the student's permanent record file.(c) In the case of an EB student who receives special education services, the ARD committee in conjunction with the LPAC shall determine and document the need for allowable testing accommodations in accordance with administrative procedures established by the Texas Education Agency.19 Tex. Admin. Code § 101.1003
The provisions of this §101.1003 adopted to be effective December 22, 2011, 36 TexReg 8521; Amended by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3439, eff. 5/31/2020; Amended by Texas Register, Volume 49, Number 38, September 20, 2024, TexReg 7635, eff. 9/24/2024