1. (a) Bilingual Special Education Standards. The standards identified in this section are targeted for teachers of emergent bilingual students with disabilities. The standards address the discipline associated with the theory and practice of teaching emergent bilingual students who receive special education services, referred to throughout the standards as dually identified students. The standards inform appropriate teaching techniques, methods, and teacher actions, judgments, and decisions by taking into consideration philosophical, historical, and legal foundations of special education, characteristics of emergent bilingual students who receive special education services, understandings of the needs and strengths emergent bilingual students who receive special education services, and the backgrounds and interests of individual students.

2. (b) Legal and Ethical Guidelines. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:

   1. (1) major legislation and Supreme Court cases that provide and uphold the rights of students receiving special education and/or language-related services;
   2. (2) the Individuals with Disabilities Education Act (IDEA) eligibility categories for special education and related services regarding the role of bilingual assessment in eligibility processes as well as considerations for emergent bilingual students in each category;
   3. (3) policies and statutes related to emergent bilingual students, including the roles, responsibilities, and processes for participating in the Language Proficiency Assessment Committee (LPAC) for identification, recommendation of program services, delivery of services, reclassification, and monitoring for a dually identified student in Texas;
   4. (4) policies and procedures for providing families with all relevant special education and bilingual education documentation in the parent or guardian's native language in accordance with §89.1050 of Part 2 of this title (relating to The Admission, Review, and Dismissal Committee) and §89.1055 of Part 2 of this title (relating to Individualized Education Program);
   5. (5) the confidentiality, components, and maintenance of special education eligibility and LPAC folders, including documentation of receipt of Individualized Education Programs (IEPs) by required staff, use of original home language survey, updated parental permission for current program, and storage of folders according to local and state requirements;
   6. (6) the components of Individualized Family Service Plans (IFSPs) for dually identified students and procedures for developing, implementing, and amending IFSPs in collaboration with the Early Childhood Intervention team;
   7. (7) the components of IEPs and procedures for developing, implementing, and amending IEPs for dually identified students in collaboration with the Admission, Review, and Dismissal (ARD) committee and the LPAC;
   8. (8) auditing student class schedules to ensure compliance with least restrictive environment and schedule of services in the IEP as well as placement in appropriate courses to support language development;
   9. (9) the roles and responsibilities related to preparing for an ARD and/or LPAC committee meeting, including collecting required data, interpreting the results of progress monitoring and classroom assessment data, visually representing and interpreting data to show student progress, and preparing LPAC data on linguistic growth and progress;
   10. (10) the legal responsibility of all school staff to fully implement an IEP for the dually identified student, to provide instruction in the English Language Proficiency Standards (ELPS), and to incorporate linguistically accommodated instruction based on language proficiency level;
   11. (11) applying legal requirements and ethical guidelines relevant to individualized behavioral interventions that consider individual student characteristics;
   12. (12) roles and responsibilities related to implementing the IEP that addresses both linguistic and disability related needs with fidelity, including monitoring student linguistic progress, implementing data collection of IEP goal progress, and reporting progress to the student and parents/guardians throughout the school year in plain language, English, and the language of the program;
   13. (13) the roles and responsibilities regarding Child Find obligations as outlined in 34 Code of Federal Regulations (CFR) §300.300-§300.306 and §89.1011 of Part 2 of this title (relating to Full and Individual Initial Evaluation);
   14. (14) the roles and responsibilities of the required members of the LPAC as well as the roles and responsibilities of the ARD committee, including a representative of the LPAC;
   15. (15) the required components of an LPAC meeting agenda and ARD committee meeting agenda for a dually identified student;
   16. (16) the types and purposes of LPAC meetings throughout the school year;
   17. (17) the local processes and supports to arrange for a home language interpreter/translator to attend the ARD meeting to ensure access for all stakeholders and to allow all LPAC/ARD committee members to have a single role, except in cases where a dual role is permissible under federal and state requirements; and
   18. (18) the relevant special education and emergent bilingual laws and policies that facilitate families' full participation in their students' education.

3. (c) Knowledge of Students and Factors that Influence Learning. The bilingual special educator integrates bilingual and special education pedagogies in order to demonstrate knowledge of:

   1. (1) relevant development from birth through adolescence for dually identified students;
   2. (2) the impact disability, stress, trauma, protective factors, resilience, and supportive relationships may have on the learning, behavior, and development of dually identified students;
   3. (3) evidence-based strategies to support dual identified students' development and independence given IEP and relevant grade level expectations for academic progress, language proficiency growth, and behavior from birth through adolescence;
   4. (4) individual learner characteristics and specialized curricula knowledge to accommodate, modify, and/or customize the curricula across contexts for dually identified students;
   5. (5) utilizing present levels of academic achievement and functional performance to select and implement appropriate specially designed instruction for dually identified students;
   6. (6) barriers to accessibility and learning for dually identified students and evidence-based methods to mitigate those barriers;
   7. (7) evidence-based, individualized student behavioral support theories and strategies based on local policies and student needs;
   8. (8) leveraging the familial, educational, linguistic, and developmental experiences of dually identified learners to support learning across instructional settings;
   9. (9) differences in language across various groups to design and implement appropriate instructional practices;
   10. (10) the impact of behavior on student learning and the learning of their classmates, factors that impact dually identified student behavior, and application of this knowledge to create a safe and effective learning environment;
   11. (11) applying the concept of funds of knowledge to improve academic outcomes for dually identified students;
   12. (12) transition planning and available transition services aligned to student characteristics and needs; and
   13. (13) leveraging student use of formal and informal registers to promote academic and linguistic development.

4. (d) Language and Literacy Development. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:

   1. (1) using children's or grade appropriate literature and high quality, authentic materials developed in the primary language and not translated or adapted;
   2. (2) applying language components, including oracy, phonics, phonology, morphology, syntactic features, semantics, and pragmatics, authentic to English and the language of instruction;
   3. (3) developing and customizing lesson plans that apply research and evidence-based instructional strategies related to biliteracy development including bi-directional transfer, use of cognates, contrastive analysis, translanguaging, and assessment for biliteracy;
   4. (4) applying literal, inferential, and interpretive reading skills to text in the language of instruction and English;
   5. (5) applying content-based language instruction (CBLI) practices in the language of instruction and English;
   6. (6) creating and adapting lessons with both academic and linguistic objectives and differentiating based on the IEP of the dually identified student;
   7. (7) relevant standards, with biliteracy and disability-related considerations for instruction and assessment (e.g., Science of Teaching Reading, ELPS, Spanish Language Arts and Reading);
   8. (8) planning and delivering linguistically accommodated instruction and evaluating and monitoring the progress of dually identified students in their English language proficiency using connections between the ELPS and the Texas English Language Proficiency Assessment System (TELPAS);
   9. (9) assessing and monitoring language proficiency levels in all four language domains--listening, speaking, reading, and writing;
   10. (10) applying holistic linguistic practices to support learners' language and literacy development in English and the language of instruction;
   11. (11) using oracy to improve comprehension through bilingual storytelling and content-based story retelling;
   12. (12) the application of language and literacy development in the content areas to support targeted lesson planning across all areas of the curriculum; and
   13. (13) the recursive nature of assessment and the need to use multiple data points to assess and monitor biliteracy development across language domains when planning and delivering instruction aligned with the student's IEP and when providing opportunities to develop biliteracy skills.

5. (e) Eligibility, Program Placement, and Assessment. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:

   1. (1) all aspects of special education services (Child Find, evaluation, identification, IEP development, ARD committee processes) and the role of language development throughout for purposes of eligibility, evaluation, assessment, and placement;
   2. (2) all steps in the LPAC process and the role of disability-related needs throughout for purposes of identification, placement, services, review and reclassification, and monitoring;
   3. (3) using data from a variety of formative, dynamic and summative assessments and language proficiency levels to inform pre-referral processes, appropriate placement, and ongoing appropriate evaluation for dually identified students;
   4. (4) components and purposes of a Functional Behavioral Assessment and the collection, analysis and utilization of student data to design effective behavior interventions;
   5. (5) the key components and purposes of a Behavior Intervention Plan (BIP) that takes into account individual student characteristics and variance and analyze progress monitoring data as defined in the BIP to evaluate the effects of behavioral interventions;
   6. (6) research-based de-escalation strategies, trauma-related behavior, and positive behavioral supports, to effectively address individual student behavior;
   7. (7) supporting students to use language proficiency development and academic progress data to articulate and communicate their academic and non-academic needs;
   8. (8) using a variety of assessment data and language proficiency levels to write annual measurable IEP goals and present levels of academic achievement and functional performance, monitor linguistic development, and identify appropriate accommodations, designated supports (state testing) and modifications based on dually identified student needs, and contribute to developing the IEP;
   9. (9) identifying, recommending, and implementing appropriate linguistic and disability related accommodations and/or modifications as determined by the LPAC and/or ARD committee;
   10. (10) state testing requirements and criteria for participation and accommodation for dually identified students;
   11. (11) utilizing and documenting ongoing formative and summative assessments for language development and academic and behavioral progress;
   12. (12) collaboration with campus stakeholders to accurately analyze, interpret, and discuss the results of a variety of evaluation data for a dually identified student;
   13. (13) accurately interpreting the results of various forms of assessment for an individual student to determine linguistic growth and academic progress toward measurable outcomes; and
   14. (14) communicating present levels of student achievement and progress on IEP goals, progress in the ELPS, and mastery of grade-level TEKS to all relevant stakeholders.

6. (f) Content Knowledge and Instructional Practices. The bilingual special educator integrates bilingual and special education pedagogies to demonstrate knowledge of:

   1. (1) all domains of the Texas Prekindergarten Guidelines and specific knowledge of early numeracy, early literacy, and pre-academic skills in the primary language of the program and English;
   2. (2) developing individualized goals and objectives for IEPs aligned to appropriate grade-level TEKS, ELPS, and/or the Texas Prekindergarten Guidelines that identify appropriate language of instruction for the student as well as language(s) appropriate for the student to demonstrate mastery;
   3. (3) integrating language development and content-area instruction to meet the needs of students in accordance with Chapter 89, Subchapter BB, of Part 2 of this title (relating to Commissioner's Rules Concerning State Plan for Educating Emergent Bilingual Students);
   4. (4) applying second language acquisition methodologies (e.g., Total Physical Response, Sheltered Instruction Observation Protocol) and CBLI methodologies in language of instruction and English;
   5. (5) differentiated methodologies and strategies for instructing a wide variety of learners, including heritage language learners, simultaneous bilinguals, recent arrivals, long-term emergent bilingual students, and program language learners in a two-way dual language immersion program, within different school-based configurations and program models;
   6. (6) applying content-specific knowledge and language development knowledge to routinely collaborate, co-teach, modify, and adapt curriculum with general education teachers, special education teachers and related service providers;
   7. (7) using explicit, differentiated, scaffolded, and systematic instruction to teach content, strategies, and skills designed for the student's language proficiency level and aligned with IEP goals;
   8. (8) providing linguistically appropriate access to subject-specific instructional materials to address individual learner needs in different contexts such as center-based, home-based, and school-based classrooms, including specialized and general classrooms;
   9. (9) utilizing assessments and language proficiency levels to develop specially designed instruction, including accommodations, modifications, and adaptations, as well as appropriately differentiated lessons;
   10. (10) planning instruction according to the requirements of an IEP, including supplementary aids, assistive technology, and related services;
   11. (11) providing specific, appropriate, and explicit feedback to students during instruction to engage, motivate, and support students toward language proficiency development and content mastery;
   12. (12) specialized curricula that may include curriculum for social skills, life skills, transition, orientation and mobility, independence, and self-advocacy;
   13. (13) proficient use of various forms of assistive technology (low, mid-, and high-tech) and plan for the strategic integration of assistive technology into daily teaching practices based on student developmental, learning, and linguistic needs;
   14. (14) planning for and the integration of school-to-school and school-to-community transition-focused activities into classroom instruction related to the student's post-secondary goals;
   15. (15) using evidence-based practices to design and implement appropriate interventions when dually identified students are not making expected progress in linguistic, functional, academic, or behavioral goals;
   16. (16) building positive relationships with students based on understanding of individual strengths and needs, high expectations, and mutual respect and rapport;
   17. (17) appropriate accommodations, modifications, and differentiation strategies to meet the needs of dually identified students as well as providing, adapting, and/or creating appropriate instructional materials and resources;
   18. (18) utilizing knowledge of language development and learning processes of dually identified students to select and use appropriate engagement strategies (bilingual pairs, language stations, strategic groupings, etc.) that meet the linguistic and learning needs of all students; and
   19. (19) the key differences between accommodations (language and disability related) and modified curriculum.

7. (g) Student Support, Collaboration, and Professional Responsibilities. The bilingual special educator integrates bilingual and special education pedagogies in order to demonstrate knowledge of:

   1. (1) the academic benefits of multilingualism and bilingualism for students with disabilities;
   2. (2) misconceptions related to bilingualism and disability and practices based on these misunderstandings;
   3. (3) providing rigorous learning opportunities that support the development of a student's first language and English and promote positive learning outcomes;
   4. (4) effective communication with parents and guardians around all aspects of the LPAC and/or ARD process to support participation in activities designed to support student achievement and growth;
   5. (5) supporting access to services for dually identified students and their families as well as programmatic considerations/practices, particularly those with high support needs, recognizing students' multiple identified linguistic and disability related needs and how needs may change over time;
   6. (6) collaborating with general education teachers to deliver, adapt, and differentiate instruction to address students' academic and non-academic needs;
   7. (7) collaboration strategies to support all relevant stakeholders to effectively serve dually identified students across instructional settings;
   8. (8) coordination with related service providers and community agencies to identify and access services, resources, and supports to meet the needs of dually identified students;
   9. (9) supervising and collaborating with paraprofessionals to identify the responsibilities and skills needed for their roles; and
   10. (10) setting short-term and long-term professional goals based on ongoing analysis of student learning, self-reflection, advocacy, and professional standards.

Source Note:The provisions of this §235.137 adopted to be effective October 19, 2025, 50 TexReg 6665.