November 1, 2008
October 6, 2008
TO THE ADMINISTRATOR ADDRESSED:
SUBJECT: Bilingual Education Exceptions/Waivers for English as a Second
Language
Districts and charter schools are required to identify students of limited English proficiency (LEP) and to serve each student through bilingual education or English as a second language (ESL) programs as described in Chapter 29, Subchapter B of the Texas Education Code.
Every district and charter school that does not have the appropriately certified teachers to serve LEP students with the required program as described in Title 19 Texas Administrative Code (TAC) Chapter 89, Subchapter BB, §89.1207, must complete one or both of the enclosed forms (as appropriate) as well as the transmittal form for the 2008-2009 school year and return them to Texas Education Agency (TEA) by November 1, 2008. A bilingual exception and/or ESL waiver is valid for the current school year only.
2008-2009 Transmittal form for Bilingual Education Exception Form 1 and ESL Waiver Form 2
This transmittal form should be completed and returned with the appropriate form(s) below:
Form 1: Request for Exception to the Bilingual Education Program
Districts or charter schools that are unable to provide bilingually certified teachers to implement the bilingual program in the elementary grades 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 for Exception to the Bilingual Education Program.
Form 2: Request for Waiver for the English as a Second Language (ESL) Program
Districts or charter schools that are unable to provide 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 submitting Form 2: Request for Waiver for the English as a Second Language (ESL) Program.
Please note: If your district or charter school requested a bilingual exception or ESL waiver for the 2007-2008 school year, evidence is required to document completion of all actions taken by the district during that year to avoid the need for an exception or waiver in subsequent years. Evidence must include the documentation of recruitment and training efforts conducted by the district during the 2007-2008 school year. Please be sure to complete only the form or forms that specifically apply to your district.
Return completed forms including the superintendent’s electronic signature to:
PLEASE DO NOT FAX FORMS
If you have any questions or need additional information regarding this letter or the attachments, please contact the Bilingual Education Program Unit of the TEA Curriculum Division at (512) 463-9581.
Sincerely,
Anita Givens
Deputy Associate Commissioner
Standards and Alignment
Attachments:
2008-2009 Transmittal Form with Bilingual Education Exception Form 1
2008-2009 Transmittal Form with ESL Waiver Form 2