SECTION 89.1203. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Alternative language program--A temporary instructional plan that meets the affective, linguistic, and cognitive needs of emergent bilingual students and equips the teacher under a bilingual education exception or English as a second language (ESL) waiver described in §89.1207 of this title (relating to Bilingual Education Exceptions and English as a Second Language Waivers) to align closely to the required bilingual or ESL program through the comprehensive professional development plan.

(2) Bilingual education allotment--An adjusted basic funding allotment provided for each school district based on student average daily attendance in a bilingual education or an ESL program in accordance with Texas Education Code (TEC), §48.105.

(3) Certified bilingual education teacher--A teacher appropriately certified in bilingual education as well as for the grade level and content area.

(4) Certified English as a second language teacher--A teacher appropriately certified in ESL as well as for the grade level and content area. The term "certified English as a second language teacher" as used in this subchapter is synonymous with the term "professional transitional language educator" used in TEC, §29.063.

(5) Content-based language instruction--An integrated approach to language instruction in which language is developed within the context of content delivery that is linguistically sustaining and is used across all programs for emergent bilingual students.

(6) Dual language immersion (DLI) program--A state-approved bilingual program model in accordance with TEC, §29.066.

(7) Dual-language instruction--An educational approach that focuses on the use of English and the student's primary language for instructional purposes.

(8) Emergent bilingual--A student identified by the language proficiency assessment committee (LPAC) who is in the process of acquiring English and has another language as the student's primary or home language. This term is interchangeable with English learner as used in federal regulations and replaces the term "limited English proficient student" formerly used in TEC, Chapter 29, Subchapter B.

(9) English as a second language program--A special language program in accordance with TEC, Chapter 29, Subchapter B. Another related term for an ESL program is "English as an additional language program."

(10) English language proficiency standards (ELPS)--Standards to be published along with the Texas Essential Knowledge and Skills for each subject in the required curriculum outlined in Chapter 74 of this title (relating to Curriculum Requirements), including foundation and enrichment areas, ELPS, and college and career readiness standards.

(11) English proficient student--A former emergent bilingual student who has met reclassification as English proficient by the LPAC.

(12) Exit--The point when a student is no longer classified as an emergent bilingual student (i.e., the student is reclassified) and the student ends bilingual or ESL program participation with parental approval and based on the recommendation of the LPAC. The term "exit" as used in this subchapter is synonymous with the description in TEC, Chapter 29, of "transferring out" of bilingual or special language programming. For the purpose of meeting the goals of a DLI program, the LPAC may recommend continued program participation beyond reclassification.

(13) Language allocation plan--A strategically developed and clearly communicated plan for a DLI program model that defines the percentage of language of instruction for each content area and grade level.

(14) Language proficiency assessment committee--A designated group of committee members as described in §89.1220 of this title (relating to Language Proficiency Assessment Committee) that ensures the appropriate identification, placement, assessment, services, reclassification, and monitoring of emergent bilingual students. The LPAC also meets in conjunction with all other committees related to programs and services for which an emergent bilingual student qualifies.

(15) Non-emergent bilingual student--A student who has not been classified as an emergent bilingual student by the LPAC.

(16) Paired teaching--A teaching partnership permissible in a DLI program model when half the content area instruction is in the partner language and half is in English (50/50 language allocation). One teacher provides content area instruction in the partner language while the second teacher provides content area instruction delivered in English. The teacher instructing in the partner language must hold bilingual education certification while the teacher instructing in English may hold either bilingual education or ESL certification.

(17) Parent--The parent or legal guardian of the student in accordance with TEC, §29.052(2).

(18) Partner language--The designated language of instruction other than English within a DLI program. The partner language may or may not be the primary language of a DLI program student.

(19) Prekindergarten--Students enrolled in a 3- or 4-year-old prekindergarten program as well as 3- or 4-year-old students enrolled in an early education setting.

(20) Primary language--The language an emergent bilingual student is exposed to prior to entering school and uses mainly to communicate at home and school, also known as mother tongue, first language, native language, home language, or heritage language.

(21) Reclassification--The process by which the LPAC determines that an emergent bilingual student has met the appropriate criteria to be classified as English proficient, and the student enters year 1 of monitoring as indicated in the Texas Student Data System Public Education Information Management System.

(22) School district--A local education agency, an open-enrollment charter school, or a district of innovation.

Source Note: The provisions of this §89.1203 adopted to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247