Limited English Proficiency (LEP)
34 CFR 300.324(a)(2)(i); 20 USC 1414(d)(3)(B)(i); TAC 89.1220; 89.1230(b); 1225(d)(f)(4)(k)
In the case of the child with limited English proficiency, the ARD committee must consider the language need of the child as such needs relate to the child's IEP.
The ARD committee must comply with the ARD Committee Meeting guidelines by including a professional member of the LPAC to serve on the ARD committee of each child with limited English proficiency.
The decision for entry into a bilingual education or English as a second language (ESL) program must be determined by the ARD committee in conjunction with the LPAC and must comply with the State and District-wide Assessments guidelines.
If the tests approved by the commissioner of education would be inappropriate as part of the child's IEP, the ARD committee in conjunction with the LPAC must:
- Determine an appropriate assessment instrument for indicating limited English proficiency for indicating limited English proficiency; and
- Designate the grade level and scores for indicating limited English proficiency.
The decision to exit the child who receives both special education and special language services from the bilingual education or ESL program is determined by the ARD committee in conjunction with the LPAC committee.
If the standard tests used to exit children from a bilingual or ESL program would be inappropriate as part of the child's IEP, the ARD committee in conjunction with the LPAC must determine an appropriate assessment instrument and performance standard requirement.