1. (a) Each school district required to offer a bilingual education or English as a second language program shall provide each limited English proficient student the opportunity to be enrolled in the required program at his or her grade level. Each student's level of proficiency shall be designated by the language proficiency assessment committee in accordance with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee). The district shall modify the instruction, pacing, and materials to ensure that limited English proficient students have a full opportunity to master the essential knowledge and skills of the required curriculum. Students participating in the bilingual education program may demonstrate their mastery of the essential knowledge and skills in either their home language or in English.
2. (b) The bilingual education program shall be a full-time program of instruction in which both the students' home language and English shall be used for instruction. The amount of instruction in each language shall be commensurate with the students' level of proficiency in both languages and their level of academic achievement. The students' level of language proficiency and academic achievement shall be designated by the language proficiency assessment committee. Within a year after the adoption of these rules, the Texas Education Agency (TEA) shall develop program guidelines to ensure that the programs are developmentally appropriate, that the instruction in each language is appropriate, and that the students are challenged to perform at a level commensurate with their linguistic proficiency and academic potential.

3. (c) The bilingual education program shall be an integral part of the regular educational program required under Chapter 75 of this title (relating to Curriculum). In bilingual education programs using Spanish and English as languages of instruction, districts shall use state-adopted English and Spanish texts and supplementary materials as curriculum tools to enhance the learning process; in addition, districts may use other curriculum adaptations which have been developed. The bilingual education program shall address the affective, linguistic, and cognitive needs of limited English proficient students as follows.

   1. (1) Affective. Limited English proficient students shall be provided instruction in their home language to introduce basic concepts of the school environment, and instruction both in their home language and in English which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall address the history and cultural heritage associated with both the students' home language and the United States.
   2. (2) Linguistic. Limited English proficient students shall be provided instruction in the skills of comprehension, speaking, reading, and composition both in their home language and in English. The instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher order thinking skills in all subjects.
   3. (3) Cognitive. Limited English proficient students shall be provided instruction in mathematics, science, health, and social studies both in their home language and in English. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher order thinking skills in all subjects.
4. (d) English as a second language programs shall be intensive programs of instruction designed to develop proficiency in the comprehension, speaking, reading, and composition in the English language. The amount of instruction provided in English as a second language shall be commensurate with the student's level of English proficiency and his or her level of academic achievement. The students' level of English proficiency and academic achievement shall be designated by the language proficiency assessment committee. In prekindergarten through the elementary grades, instruction in English as a second language may vary from the amount of time accorded to instruction in English language arts in the regular program for nonlimited English proficient students to total immersion in second language approaches. In Grade 6 or Grades 7-12, instruction in English as a second language may vary from one-third of the instructional day to total immersion in second language approaches. The language proficiency assessment committee, however, may recommend only one period a day based on the individual needs of the student. Within a year after the adoption of these rules, TEA shall develop program guidelines to ensure that the programs are developmentally appropriate, that the instruction in English as a second language is appropriate, and that the students are challenged to perform at a level commensurate with their linguistic proficiency and academic potential.
5. (e) Except in the courses specified in subsection (f) of this section, English as a second language strategies, which may involve the use of the students' home language, may be provided in any of the courses or electives required for promotion or graduation to assist the limited English proficient students to master the essential knowledge and skills for the required subject(s). The use of English as a second language strategies shall not impede the awarding of credit toward meeting promotion or graduation requirements.
6. (f) In subjects such as art, music, and physical education, the limited English proficient students shall participate with their English-speaking peers in regular classes provided in the subjects. The district shall ensure that students enrolled in bilingual education and English as a second language programs have a meaningful opportunity to participate with other students in all extracurricular activities.
7. (g) The required bilingual education or English as a second language programs shall be provided to every limited English proficient student with parental approval until such time that the student meets exit criteria as described in §89.1225(h) of this title (relating to Testing and Classification of Students) or graduates from high school.

Source Note:The provisions of this §89.1210 adopted to be effective September 1, 1996, 21 TexReg 5700.