Title 19 Texas Administrative Code (TAC), Section 89.1225, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students addresses the admission, review and dismissal (ARD) committee working in conjunction with the language proficiency assessment committee (LPAC) to determine entry and exit criteria for students who are receiving special education services and identified as limited English proficient (LEP). Whenever ARD committee members and LPAC members meet to collaborate in the interest of the student, they should consider information regarding the cognitive and linguistic abilities, as well as the affective needs, of the student. These joint meetings may occur not only to facilitate a student’s entry into and exit out of the respective programs but also to review progress, determine linguistic accommodations and discuss other issues related to the student’s individualized education program (IEP). The majority of these meetings will be informal discussions between key members of the ARD committee and key members of the LPAC. Recommendations from these collaborative efforts must be presented at ARD committee meetings to ensure that the appropriate considerations regarding second language acquisition in English are addressed in the development of the student’s IEP. Decisions relating to services that impact second language acquisition must also be documented by the LPAC.
As a student approaches the point where it appears that second language acquisition support in English is no longer needed, key members of the ARD committee and key members of the LPAC should identify appropriate oral language, reading, and writing assessments and performance standards to verify that the student no longer needs second language acquisition support in English to address learning needs. Recommendations are then considered during a formal ARD committee meeting and decisions are made regarding exit from LEP services. Decisions relating to exit from bilingual education or English as a second language (ESL) services must also be documented by the LPAC.
Due to the requirements of the Family Educational Rights and
Privacy Act (FERPA), care should be taken to ensure that student confidentiality
is protected while discussing special education and LEP issues. The school district
always has the option of training the parent of the student receiving special
education services as the LPAC parent representative, thereby avoiding the issue
of student confidentiality. If the school district chooses to involve an LPAC
parent representative in discussions of special education and LEP issues for
a student who is not the child of the LPAC parent representative, the school
district can ensure compliance with FERPA in one of two ways. First, the school
district can notify parents in its annual FERPA notification that the school
district treats LPAC parent representatives as school officials with legitimate
educational interests in the education records of students for whom they act
as LPAC parent representative. The LPAC parent representative can then be permitted
to receive information about a student for whom they serve without the written
consent of the student’s parent. The following is a link to the annual
model notification of FERPA rights published by the U.S. Department of Education
Family Policy Compliance Office: http://www.ed.gov/policy/gen/guid/fpco/ferpa/lea-officials.html.
Paragraph 3 of this model notification contains sample language concerning the
disclosure of education records, without parental consent, to parents and students
serving on an official committee of a school district. Second, if the school
district does not identify parents serving on its official committees as school
officials in its annual FERPA notification, the school district can provide
an LPAC parent representative with information about a student after receiving
written consent for the disclosure from the student’s parent.
Texas Education Code (state law)
Texas Administrative Code (State Board of Education and Commissioner's Rules)
For technical assistance and training in regard to assessing students with disabilities and other aspects of the provision of services for students with disabilities, contact your regional education service center.
Special Education Main Page
Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Updated: November 05, 2010 | Created: February 21, 2008
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