1. What are the criteria for identification of an English language learner (ELL)?
2. What is the criteria for reclassification of ELL student as FEP (fluent English proficient)?
3. Are there any special content standards for ELLs?
4. Are there any special performance standards for ELLs?
5. What test is used?
6. Is there test information on reliability / validity?
7. What is the policy on accomodation?
8. What is the policy on disaggregated reporting of outcomes?
9. What are the outcomes for ELLs?
10. What conclusions are justified?

Return to Texas - Policy  ->  States' Policies   |  Standards-based Reforms: States  ->  LAU top

What are the criteria for identification of an English language learner (ELL)?

Bilingual/ESL Education Commissioner's Rules
§89.1225. Testing and Classification of Students.

(a) For identifying limited English proficient students, districts shall administer to each student who has a language other than English as identified on the home language survey:
     (1) in prekindergarten through Grade 1, an oral language proficiency test approved by the Texas Education
     Agency (TEA); and
     (2) in Grades 2-12, a TEA-approved oral language proficiency test and the English reading and English language
     arts sections from a TEA-approved norm-referenced measure, or another test approved by TEA.
(b) Districts which provide a bilingual education program shall administer an oral language proficiency test in the home language of the students who are eligible for being served in the bilingual education program. If the home language of the students is Spanish, the district shall administer the Spanish version of the TEA-approved oral language proficiency test which was administered in English. If the home language of the students is other than Spanish, the district shall determine the students' level of proficiency using informal oral language assessment measures.
(c) All the oral language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in language proficiency testing.
(d) The grade levels and the scores on each test which shall identify a student as limited English proficient shall be established by TEA. The commissioner of education shall review the approved list of tests, grade levels, and scores annually and update the list.
(e) Students with a language other than English shall be administered the required oral language proficiency test within four weeks of their enrollment. Norm-referenced assessment instruments, however, may be administered within the established norming period.
(f) For entry into, or placement within, a bilingual education or English as a second language program, a student shall be identified as limited English proficient using the following criteria.
     (1) At prekindergarten through Grade 1, the score on the English oral language proficiency test is below the level
     designated for indicating limited English proficiency under subsection (d) of this section.
     (2) At Grades 2-12:
          (A) the student's score on the English oral language proficiency test is below the level designated for
          indicating limited English proficiency under subsection (d) of this section;
          (B) the student's score on the reading and language arts sections of the TEA-approved
          norm-referenced measure at his or her grade level is below the 40th percentile; or
          (C) the student's ability in English is so limited that the administration, at his or her grade level, of the
          reading and language arts sections of a TEA-approved norm-referenced assessment instrument or
          other test approved by TEA is not valid.
     (3) In the absence of data required in paragraph (2)(B) of this subsection, evidence that the student is not
     academically successful as defined in subsection (k) of this section is required.
(g) Within the four weeks of their initial enrollment in the district, students shall be identified as limited English proficient and enrolled into the required bilingual education or English as a second language program.

What is the criteria for reclassification of ELL student as FEP (fluent English proficient)?

Bilingual/ESL Education Commissioner's Rules
§89.1225. Testing and Classification of Students.

(h) For exit from a bilingual education or English as a second language program, a student:
     (1) may be classified as English proficient at the end of the school year in which a student would be able to
     participate equally in a regular, all-English, instructional program as determined by:
          (A) meeting state performance standards for the English language criterion-referenced assessment
          instrument for reading and writing (when available) required in the Texas Education Code, §39.023,
          at grade level; and
          (B) tests administered at the end of each school year to determine the extent to which the student has
          developed oral and written language proficiency and specific language skills in both the student's
          primary language and English; or
     (2) may be classified as English proficient when he or she scores at or above the 40th percentile on both the
     English reading and the English language arts sections of a TEA-approved norm-referenced assessment
     instrument; or
     (3) may be classified as English proficient as determined by criteria which meet the requirements outlined in the
     Texas Education Code, §29.055, and §89.1255 of this title (relating to Local Plan).
(i) In making the determination described in subsection (h) of this section, districts shall also consider other indications of a student's overall progress, including criterion-referenced test scores, subjective teacher evaluation, and parental evaluation.
(j) A student may not be exited from the bilingual education or English as a second language program in prekindergarten through Grade 1.
(k) For determining whether a student who has been exited from a bilingual education or English as a second language program is academically successful, the following criteria shall be used at the end of the school year.
     (1) The student meets state performance standards in English of the criterion-referenced assessment instrument
     required in the Texas Education Code, §39.023, for the grade level as applicable.
     (2) The student has passing grades in all subjects and courses taken.

Only for Spanish:  see Texas Essential Knowledge and Skills (TEKS)
Chapter 128. Spanish Language Arts and English as a Second Language

Performance Standards

For identification of ELL students: various - see approved tests at the TEA Bilingual/ESL Education website
    Look specifically at List of Commercial Test Publishers
For reading proficiency: RPTE
For subject content: TAAS
For students with disabilities: SDAA
Alternate Assessment(s) are also possible if Selected by the ARD Committee
                LEP students in special education should take one or more alternate assessments selected by the ARD
               committee if they do not receive any TEKS-based instruction, or if they receive TEKS-based instruction
               but with accommodations that would invalidate the SDAA.

For the TAAS end of term tests (charts showing measures at specific grade levels, including Exit)
reliability       validity

    TAAS accomodation

What is the policy on disaggregated reporting of outcomes?

Certain cautions about interpreting data are listed in Interpreting Assessment Reports

Reports are available for TAAS and Spanish TAAS by grade level.
See Statewide Results

Texas has a long history of bilingual education and much of the related legislation has been caused or inspired by the plight of language minority students in the state.  In Massell (1997), Texas was the earliest of nine surveyed states to implement some sort of standards in its policy.  The report paints Texas as somewhat of a pioneer in standards based reform policy.

In considering the effect of Texas’ policy on standards based reforms on LEP students, several factors should be kept in mind.  First, the state has a significant number of LEP students – over 13% of the total students are classified as Limited English Proficient.  Second, the LEP student population is not as diverse as other states’ – in Texas 91% speak Spanish.  (data from Handbook for the Implementation of Bilingual/English as a Second Language Education Programs – Research).  And third, policy on assessment is in transition.  At present, where students are required to take the TAAS tests, starting in 2003 a new testing program known as TAAS II will go into effect.  This program is designed to more fully reflect the TEKS – the standards for Texas’ educational system.  It will focus on exit level tests, additional assessments in Grades 9, 10 and 11, and will be used to determine promotion at the Grade 3, 5, and 8 level.  (see Study of Possible Expansion of the Assessment System for Limited English Proficient Students)

Cursory examination of the data in Statewide Results reveals that LEP students score significantly lower than non-LEP students, even on Spanish TAAS tests.  This tendency exists to a limited extent at the Grade 3 level but differences are quite significant as grade level increases.  In addition, dropout rates (See 2000 Comprehensive Biennial Report on Texas Public Schools p.28) for LEP/bilingual students are almost three times that of the entire student population.  Considering the fact that Texas' policy is so comprehensive and has been in place since 1990, it is quite surprising that the system is not more equitable for LEP students.  While conditions for Spanish speaking students have shown significant increases in over the 10 years of standards based reforms, there still is a considerable distance to go before they could be considered to be receiving an equitable quality education.  This is, of course not to mention the situation of the remaining thousands of LEP students whose first language is not Spanish.  The future tightening of requirements with reforms in 2003 will inevitably put more pressure on students who find it difficult to achieve acceptable proficiency in English within the three years of their exemptions without providing a workable solution to their dilemma.

The present policy in Texas is particularly significant because it was largely formulated and implemented under two terms of governorship by George W. Bush.  Accordingly, the proposals he has presented in his education plan “No Child Left Behind” should be looked at critically, keeping in mind the shortcomings of similar policies on a state level in Texas.  The rhetoric of the title should not be confused with the reality in the schools.