Texas Education Agency

1. Texas Education Agency Bilingual Exceptions and ESL Waivers Georgina Gonzalez Susie Coultress Director Assistant Director

2. 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

3. 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

4. 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.

5. 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 forExceptionto the Bilingual Education Program.

6. 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.

7. 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 submittingForm 2, Request forWaiverfor English as a Second Language (ESL) Program.

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

9. 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.

10. 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

11. 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.

12. 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.

13. 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.

14. 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.

15. Instructional Designs Any 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

16. Performing Based MonitoringInformation regarding districts submitting for a bilingual education exception and/or ESL waiver is shared with Performance Based Monitoring.

17. Coding of LEP students under bilingual exception form 1 Only the students who receive ESL servicesunder an approved exceptionto the bilingual program are coded ESL on PEIMS in that grade during that year only.

18. 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.

19. Assurances are no longer required to be submitted if a district does not need either a bilingual education exception or an ESL waiver.

20. 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

21. 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.

22. Bilingual Exceptions A 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.

23. 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.

24. 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 theBilingual/English as a Second Language program in your district or charter school. For further information, please contact our office at (512) 463-9581.

25. Original forms must be typed and submitted electronically by November 1, 2009 to: BilingualExceptions_ESLWaivers@tea.state.tx.us 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

26. 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)

27. FORM 1: REQUEST FOR EXCEPTION TO THE BILINGUAL EDUCATION PROGRAM Section 1: District/Charter School Data

28. 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.

29. 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.

30. FORM 1: REQUEST FOR EXCEPTION TO THE BILINGUAL EDUCATION PROGRAM

31. Bilingual Action Plan 5a FORM 1: REQUEST FOR EXCEPTION TO THE BILINGUAL EDUCATION PROGRAM 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.

32. Bilingual Action Plan 5a

33. Bilingual Action Plan 5b FORM 1: REQUEST FOR EXCEPTION TO THE BILINGUAL EDUCATION PROGRAM 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.

34. Bilingual Action Plan 5b

35. FORM 1: REQUEST FOR EXCEPTION TO THE BILINGUAL EDUCATION PROGRAM District/Charter School Name County-District Number Section 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 PowerfulLeader@HighAchievingISD.org Typed Name of Superintendent Superintendent’s email __A. BeeA.Bee@HighAchievingISD.org Contact Person for the District/Charter School Contact email (555)555-5555 __(555) 555-5123____________________________ Contact Fax Number Contact Phone Number

36. ESL Waivers An 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.)

37. 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.

38. FORM 2: REQUEST FOR WAIVER FOR THE ENGLISH AS A SECOND LANGUAGE (ESL) PROGRAMSection 1: District/Charter School Data

39. 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 NameCampus Name Grade Level(s) Date of Completion Betsy Brown High Achieve #1235th gradeApril 1, 2010

40. 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.

41. ESL Action Plan 6a

42. 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.

43. ESL Action Plan 6b

44. FORM 2: REQUEST FOR WAIVER FOR THE ENGLISH AS A SECOND LANGUAGE (ESL) PROGRAM Section 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 PowerfulLeader@HighAchievingISD.org Typed Name of Superintendent Superintendent’s email __A. BeeA.Bee@HighAchievingISD.org Contact Person for the District/Charter School Contact email (555)555-5555 __(555) 555-5123____________________________ Contact Fax Number Contact Phone Number

45. 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 Exceptions_ESLWaivers@tea.state.tx.us 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

46. 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

47. Bilingual Exceptions/ESL Waivers Criteria 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

48. 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)

49. Professional Development to Increase Numbers of Certified Teachers

50. “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.