April 9, 2024 Committee of the Full Board Item 1
Public Hearing on Proposed New 19 TAC Chapter 120, Other Essential Knowledge and Skills, Subchapter B, English Language Proficiency Standards
April 9, 2024
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: A public hearing before the State Board of Education (SBOE) is scheduled for Tuesday, April 9, 2024. Testimony will be presented regarding proposed new 19 Texas Administrative Code (TAC) Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter B, English Language Proficiency Standards, §120.20, Cross-curricular Second Language Essential Knowledge and Skills, Kindergarten-Grade 3, Adopted 2024; §120.21, Cross-curricular Second Language Essential Knowledge and Skills, Grades 4-12, Adopted 2024; §120.22, Proficiency Level Descriptors, Kindergarten-Grade 3, Adopted 2024; and §120.23, Proficiency Level Descriptors, Grades 4-12, Adopted 2024. In accordance with SBOE operating procedures, oral testimony will be limited to two minutes per person.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a); and 29.051.
TEC, §7.102(c)(4), requires the SBOE to establish curriculum and graduation requirements.
TEC, §28.002(a), identifies the subjects of the required curriculum.
TEC, §29.051, establishes bilingual education and special language programs in public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.
The full text of statutory citations can be found in the statutory authority section of this agenda.
BACKGROUND INFORMATION AND JUSTIFICATION: In November 2007, the SBOE adopted the English Language Proficiency Standards (ELPS) as part of 19 TAC Chapter 74, Curriculum Requirements, to comply with requirements of the No Child Left Behind Act (NCLB). The adopted ELPS in 19 TAC §74.4 clarified that state standards in English language acquisition must be implemented as an integral part of the instruction in each foundation and enrichment subject. Additionally, English language proficiency levels of beginning, intermediate, advanced, and advanced high in the domains of listening, speaking, reading, and writing were established as part of the ELPS, as required by NCLB. The ELPS were first implemented in the 2007-2008 school year.
The SBOE began the review and revision of the ELPS in 19 TAC §74.4 in 2019, in accordance with the SBOE's approved TEKS and instructional materials review schedule. Applications to serve on ELPS review work groups were posted on the Texas Education Agency (TEA) website in December 2018. Also in December 2018, TEA distributed a survey to collect information from educators regarding the review and revision of the ELPS. Work groups were convened in March, May, August, September, and October 2019. In September 2019, the USDE indicated that Texas only partially met the requirements of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, and requested additional evidence that the ELPS are aligned to the state's academic content standards and contain language proficiency expectations needed for emergent bilingual students to demonstrate achievement of the state academic standards appropriate to each grade-level/grade-band in at least reading language arts, mathematics, and science.
In response to feedback from work group members and from the USDE, TEA staff convened a panel of experts in second language acquisition from Texas institutions of higher education to complete an analysis of the work group recommendations and current research on English language acquisition. Based on the panel's findings and direction from the SBOE, panel members prepared a draft of revisions to the ELPS which was presented to the SBOE at the June 2023 SBOE meeting. ELPS review work groups were convened in August, September, and November 2023 and in March 2024 with the charge of reviewing and revising the expert panel’s draft.
Proposed new 19 TAC §§120.20-120.23 is presented for first reading and filing authorization as a separate item in this agenda.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Shelly Ramos, Senior Director, Curriculum Standards and Student Support