SECTION 89.1228. Two-Way Dual Language Immersion Program Model Implementation

(a) Student enrollment in a two-way dual language immersion (DLI) program model is optional for non-emergent bilingual students in accordance with §89.1233(a) of this title (relating to Participation of Non-Emergent Bilingual Students).

(b) A two-way DLI program model shall fully disclose candidate selection criteria and ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability. Additionally, identified emergent bilingual students and non-emergent bilingual students shall not be restricted access to the two-way DLI program model based on any linguistic or academic achievement measures in the program's partner language or English.

(c) A school district implementing a two-way DLI program model shall develop a policy on enrollment and continuation for students in this program model. The policy shall address:

(1) equitable access, including the program's intention to maintain a ratio of 50% emergent bilingual students to 50% non-emergent bilingual students and have no more than two-thirds speakers of the partner language to one-third speakers of English in each classroom;

(2) program goals and benefits;

(3) the district's commitment to providing equitable access to services for emergent bilingual students and to ensuring continuity of program for all program participants;

(4) the program's language allocation plan for the grade levels in which the program will be implemented;

(5) support of program goals as stated in §89.1210 of this title (relating to Program Content and Design); and

(6) expectations for students and parents.

(d) A school district implementing a two-way DLI program model shall obtain written parental approval as follows.

(1) For emergent bilingual students, written parental approval is obtained in accordance with §89.1240 of this title (relating to Parental Authority and Responsibility).

(2) For non-emergent bilingual students, written parental approval is obtained through a school district-developed process.

(e) A school district implementing a two-way DLI program model shall determine the appropriate assessment option for program participants as follows.

(1) For emergent bilingual students, the language proficiency assessment committee (LPAC) shall convene before the administration of the state criterion-referenced test each year to determine the appropriate assessment option for each emergent bilingual student in accordance with §89.1220(i) of this title (relating to Language Proficiency Assessment Committee).

(2) For non-emergent bilingual students, the appropriate assessment option for the administration of the state criterion-referenced test each year is determined by the LPAC or through a school district-developed process.

Source Note: The provisions of this §89.1228 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