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November 16, 2001


SUBJECT: Spring 2002 State Testing Requirements for Limited English Proficient (LEP) Students

The purpose of this correspondence is to notify schools of two agency documents relating to state testing requirements for LEP students. This information will help district and campus personnel in planning for the spring 2002 test administrations.

1. 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments (enclosed)

2. LPAC Guide to Decision Making for the Participation of LEP Students in Grades 3 - 8 in the Texas Assessment Program (planned distribution January 2002)

Commissioner's Rules

In April 2001, commissioner rules concerning state testing requirements for LEP students were adopted on an emergency basis to implement Senate Bill 676 legislation. Subsequently the rules were proposed and adopted following normal rulemaking procedures. The new rules became effective September 30, 2001.

The rules are attached and posted on the Texas Education Agency website at

The new rules reflect the policies of the emergency rules issued last April. Minor revisions to the rules were made for clarification purposes.

Please distribute the rules to district and campus personnel involved in making assessment decisions for LEP students. Include personnel making decisions for LEP students receiving special education services.

LPAC Guide

Agency staff is developing a procedural guide for language proficiency assessment committees (LPACs) to use in implementing the spring 2002 testing requirements. This guide will assist districts in monitoring student progress and ensuring that LEP students are included in the assessments at the earliest appropriate date. Guidance will be provided in the following areas:

Selecting appropriate assessments and making exemption decisions

Maintaining documentation in student permanent record folder

Using test results to monitor student progress

Staff from the Student Assessment Division and Bilingual Education Program Unit will conduct a TETN session on December 17, 2001, to familiarize education service center personnel with the guide so that they can hold sessions with district staff in January. The guide will be posted on the TEA website in December.

If you have any questions, please contact the TEA Student Assessment Division at
(512) 463-9536 or the Bilingual Education Program Unit at (512) 475-3555.

Ann Smisko
Associate Commissioner
Curriculum, Assessment, and Technology

A MS Word Version of this letter is available for download.

For further information on this topic, contact the TEA Student Assessment Division at
(512) 463-9536 or the Bilingual Education Program Unit at (512) 475-3555.


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