Texas Education Code

§ 29.056 — ENROLLMENT OF STUDENTS IN PROGRAM

ED § 29.056Title 2. PUBLIC EDUCATION · Part F. CURRICULUM, PROGRAMS, AND SERVICES · Ch. 29. EDUCATIONAL PROGRAMS · Art. B. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS

Statute text

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(a)The agency shall establish standardized criteria for the identification, assessment, and classification of emergent bilingual students eligible for entry into the program or exit from the program. The student's parent must approve a student's entry into the program, exit from the program, or placement in the program. The school district or parent may appeal the decision under Section 29.064. The criteria for identification, assessment, and classification may include:

(1)results of a home language survey conducted within four weeks of each student's enrollment to determine the language normally used in the home and the language normally used by the student, conducted in English and the home language, signed by the student's parents if the student is in kindergarten through grade 8 or by the student if the student is in grades 9 through 12, and kept in the student's permanent folder by the language proficiency assessment committee;

(2)the results of an agency-approved English language proficiency test administered to all students identified through the home survey as normally speaking a language other than English to determine the level of English language proficiency, with students in kindergarten or grade 1 being administered an oral English proficiency test and students in grades 2 through 12 being administered an oral and written English proficiency test; and

(3)the results of an agency-approved proficiency test in the primary language administered to all students identified under Subdivision (2) as being of limited English proficiency to determine the level of primary language proficiency, with students in kindergarten or grade 1 being administered an oral primary language proficiency test and students in grades 2 through 12 being administered an oral and written primary language proficiency test.

(b)Tests under Subsection (a) shall be administered by professionals or paraprofessionals with the appropriate English and primary language skills and the training required by the test publisher.

(c)The language proficiency assessment committee may classify a student as emergent bilingual if:

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Legislative history

Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.06, eff. May 31, 2006. Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 10, eff. September 1, 2021. Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 4.007, eff. December 4, 2025.