1. (a) Student enrollment in a two-way dual language immersion program model is optional for English proficient students in accordance with §89.1233(a) of this title (relating to Participation of English Proficient Students).
2. (b) A two-way dual language immersion 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.

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

   1. (1) eligibility criteria;
   2. (2) program purpose;
   3. (3) the district's commitment to providing equitable access to services for English learners;
   4. (4) grade levels in which the program will be implemented;
   5. (5) support of program goals as stated in §89.1210 of this title (relating to Program Content and Design); and
   6. (6) expectations for students and parents.

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

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