Texas Effective Dual
Language Immersion
Framework
TEXAS EDUCATION AGENCY
English Learner Support Division
DRAFT - Pilot in Progress - Updated January 2022
Contents
History................................................................................................................................................................ 1
Benefits............................................................................................................................................................. 2
Dual Language Guidance Committee............................................................................................ 3
Dual Language Immersion Tools........................................................................................................ 3
7 Essential Steps When Starting a Dual Language Immersion Program...................... 4
Texas Effective Dual Language Immersion Framework.......................................................... 5
Texas Effective Dual Language Immersion Framework Rubric........................................... 7
Lever 1.......................................................................................................................................................... 9
Lever 2......................................................................................................................................................... 13
Lever 3......................................................................................................................................................... 16
Lever 4......................................................................................................................................................... 19
Lever 5......................................................................................................................................................... 26
District Administrator Checklist............................................................................................................ 30
Campus Administrator Checklist........................................................................................................ 33
DLI Teacher Checklist................................................................................................................................. 36
Dual Language Program Success Criteria.................................................................................... 39
Lever 1.......................................................................................................................................................... 40
Lever 2......................................................................................................................................................... 44
Lever 3......................................................................................................................................................... 47
Lever 4......................................................................................................................................................... 49
Lever 5......................................................................................................................................................... 52
References....................................................................................................................................................... 54
Glossary............................................................................................................................................................ 69
Additional Resources......................................................................................................... Coming Soon
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i
History
Dual Language Immersion (DLI) programs have been a part of Texas
education since 1973 when former Governor Dolph Briscoe signed into law
the Bilingual Education and Training Act, which required bilingual education
for students and abolished the English-only teaching requirement imposed
in 1918.
In the summer of 2001, Senate Bill (SB) 467 and Senate Concurrent
Resolution No. 50, were unanimously passed by the House and Senate
ushering in the first DLI bill in the state of Texas. Although dual language
instruction was not prohibited with current laws, this law explicitly focused
on the “biliteracy” goals of DLI programs and encouraged school districts to
offer these innovative and successful instructional programs for all their
students. In addition, in 2007, Texas unanimously passed SB 1871 which
called for disaggregation of achievement data results of Emergent
Bilingual students by type of program served, and it further defined DLI
programs as one-way and two-way to serve both emergent bilingual
students and non-emergent bilingual students.
In 2019, the Texas legislature continued their support of DLI and passed
House Bill 3 that incorporated the Texas Commission on Public School
Finance’s recommendation to create a new DLI program allotment that
incentivized school districts to offer these programs, particularly for
emergent bilingual students, and the necessary resources to support these
programs. HB 3 promotes and supports quality DLI programs in Texas.
Texas continues to be a leader in the development and implementation of
DLI programs, legislative support for DLI programs, and high quality
implementation of these programs to educate large numbers of emergent
bilingual students more effectively.
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1
Benefits
increased academic achievement in reading, writing, mathematics, and
science test scores,
increased self-regulation, emotional control, flexibility in thinking, impulse
control, planning skills, and self-monitoring skills,
increased engagement in higher-level learning as they progress
through the school system and beyond,
linguistic and academic proficiency in more than one language,
increased graduation rates,
a stronger sense of identity and self-esteem, and
increased parent involvement and satisfaction.
Dual language immersion programs provide students with an enriched
education that is beyond traditional schooling, a differentiated challenging
and engaging experience that supports the goals of dual language
education: developing bilingualism and biliteracy development in partner
language and English, high academic achievement in all content areas in
both languages and increased multiculturalism and high levels of socio-
cultural competence. DLI programs build on a student’s first language, no
matter what the language, to develop deep academic language, content
knowledge and skills and enhanced cognitive development.
The research on the benefits of programs is compelling and deep.
Overwhelming evidence shows that DLI programs are the only instructional
programs that close the academic achievement gap between emergent
bilingual students and non-emergent bilingual students.
Students participating in DLI programs have:
Culturally, all students who participate in dual language programs are able
to navigate a multicultural world easier through cultural competency and
can positively interact more easily with those who are different from them.
The economic benefits include a stronger competitiveness within the job
market and a high return on investment for DLI programs.
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2
Dual Language Guidance Committee
In response to the growing research on the benefits of dual language
instruction and the state legislature’s support, the Texas Education Agency
wanted to partner with experts and practitioners in Texas by forming the Dual
Language Guidance Committee. This group’s goal was to positively impact
the academic achievement of emergent bilingual students in Texas by
developing a systemic and sustainable Dual Language Immersion Framework.
This group of committed professionals built on the expertise of experts,
research and practitioners to create three foundational documents: Dual
Language Immersion Rubric, Dual Language Checklists for District
Administrators, Campus Leaders and Teachers and Success Criteria for dual
language programs. These tools not only provide a description of exemplary
dual language programs, but the guidelines and tools to build one. Each
document is broken down into the most important aspects of dual language
instruction.
Dual Language Immersion Tools
This framework comes with three key tools. These should be used to clarify
how to make a dual language program exemplary. Directions on how to use
each tool are below. The previous DLI rubrics also provide resources for
high-quality DLI Implementation.
Dual Language Immersion Rubric:
The Dual Language Immersion Rubric provides holistic descriptions of DLI
programs at different stages of development: established, exceeds,
exemplary. Use this tool internally to diagnose your current state and the next
stage of implementation.
Dual Language Immersion Checklists:
The Dual Language Immersion Checklists provide detailed actions for each
group of DLI leaders: district, campus and teachers. These provide clear
actions for each role.
Dual Language Success Criteria
The Dual Language Immersion Success Criteria provides a measurement
system to assess your current state and identify the highest priority areas for
improvement.
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7 Essential Steps to Start a Dual
Language Immersion Program
7 Essentials steps to consider when starting or enhancing a Dual Language
Immersion program to positively impact student outcomes in your district.
Gain support and understanding of DLI programming from district & campus
leadership, teachers and parents
Conduct a needs assessment related to students to be served (e.g.
achievement patterns, SES, mobility, cultural attributes), district resources and
community interests
Secure comprehensive long-term commitment and involvement at all levels
Collaboratively write clear vision & mission statements with set of guiding
principles based on dual language literature and research
A DLI program model should fit student and community needs and have
consensus among all stakeholders with the goal of biliteracy
Revise curriculum and procure culturally and linguistically sustaining resources
that align to DLI program model and language allocation plan
Design a long-term PD plan for all stakeholders that ensures deep
understanding of DLI program implementation (related to their participation)
and continuous PD support, as well as systematic DLI program assessments
and/or formal evaluations
Build Advocacy and Knowledge:
Understand District and Community Demographics:
Create a Stakeholder Group:
Develop a Mission and Vision Statement:
Design or Adopt a DLI Program Model:
Align Curriculum and Resources to DLI Program
Establish a Staff Development Plan & Evaluation:
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TEXAS EFFECTIVE DUAL LANGUAGE
IMMERSION FRAMEWORK
Overview: The Texas Effective Dual Language Immersion Framework
(TxEDLIF) aims to provide districts, schools, and teachers state-wide the
tools they may need to increase:
A) the effective implementation of dual language immersion program,
B) dual language immersion PK -12, and
C) impact on students outcomes.
The TxEDLIF guides districts and schools across the state with levers and
essential actions that describe what effective educational entities
implement to ensure high academic achievement for their dual language
immersions students.
Objective-driven daily lesson plans with formative biliterate assessments. Data-driven
rigorous and scaffolded instruction.
TEXAS EFFECTIVE DUAL LANGUAGE IMMERSION FRAMEWORK
Lever 1
Leadership and Family & Community Empowerment
Leadership understands and supports DLI program fidelity through quality staffing and
professional development, development of biliterate curriculum, assessments, and
resources that ensure ongoing program fidelity and student success.
Program Model and Design
DLI program clearly prioritizes emergent bilingual students, has a clear language and
content allocation plan, and ensures 50% of instruction in partner language.
Lever 3
Staffing and Professional Development
Proactive staff recruitment, continuous professional development, and data-driven
targeted professional development plans based on DLI program goals.
Lever 4
Lesson Planning and Methods
Lever 5
Curriculum and Resources
Inclusive and collaborative development of assets-based, culturally and linguistically
sustaining practices, biliteracy curriculum, biliterate assessments and biliterate resources
aligned to DLI program goals.
Lever 2
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Purpose:
The TxEDLIF's Rubric provides Local Education Agencies (LEAs) with a tool for self-evaluation of their DLI program
effectiveness. This rubric along with the Success Criteria and Success Criteria Self-Review are intended for internal use for
determining next steps for development and continuous improvement of DLI programs at the campus and district level.
Organization:
The TxEDLIF's Rubric has five levers that are critical in effective implementation and sustainability in high-performing DLI
campuses. Each lever consists of essential actions and foundational key practices.
Texas Effective Dual Language Immersion Framework's (TxEDLIF's) Rubric
Lever 1:
Leadership & Family and
Community
Empowerment
Lever 2:
Program Model
Lever 3:
Staffing & Professional
Development
Lever 4:
Lesson Planning &
Methods
Lever 5:
Curriculum
& Resources
Vision & Mission
Staffing & Professional
Development
Instructional
Policy
Curriculum &
Resources
Funding
Content Area
Dept. Collaboration
Assessents
Family & Community
Empowerment
State Assessments
Progress Monitoring &
Data Analysis
Classroom
Assessments
Resources
Curriculum
Standards
Culturally and
Linguistically
Sustaining Practices
Assessment
Language
Allocation Plan
Teacher
Certification
Recruitment
Lesson Plans
Special Program
Coordination
Program Content
Goals
Content-Based
Language Instruction
Program Duration
Retention
Professional
Development Plan
Differentiated
Instruction
Language Use
General Education
Coordination
Dual Language
Immersion Pedagogy
Authentic Biliterarcy
Development Across
Content-Areas
Program Language &
Literacy Goals
Program Culture
Goals
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In each lever of the rubric, the scale develops from left to right, detailing performance levels from Established, Exceeds,
and Exemplary Implementation. The rubric is organized by essential actions and described with key practices. Each level
builds upon the experiences of the previous one.
When conducting a program evaluation using the rubric, use the associated Success Criteria Self-Review Scorecard for
the associated TxEDLIF lever to mark each key practice as Established Implementation, Exceeds Implementation or
Exemplary Implementation. Once each lever is scored, the aggregated calculation will be calibrated to provide the total
DLI Self-Review Score. The total will give the campus and district a quick analysis of their current overall implementation.
TxEDLIF Rubric Use
Expected Levels of DLI Program Implementation
Established Exceeds Exemplary
This level describes the DLI
Program as implemented
moderately well overall, but there
are multiple areas of
improvement in order to achieve
access to equitable instruction
and long-term academic
achievement for participating
emergent bilingual students.
This level describes the DLI
Program as implemented
remarkably well overall, but there
are some areas of improvement
in order to achieve access to
equitable instruction and long-
term academic achievement for
participating emergent bilingual
students.
This level describes the DLI
Program as implemented
exceptionally well overall, and
there are few, if any, areas of
improvement in order to achieve
access to equitable instruction
and long-term academic
achievement for participating
emergent bilingual students.
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Lever 1: Leadership & Family and Community Empowerment
Established Exceeds Exemplary
A district/campus dual language
vision with goals.
A system to refine the vision and
mission with few stakeholders.
A district/campus dual language
vision supported with some
measurable goals and a plan that
includes expectations in
academic achievement, biliteracy
development and sociocultural
competence.
A system to refine the vision and
mission among some
stakeholders.
A district/campus dual language
vision supported with measurable
goals and a clearly focused plan
that commits to high expectations
in academic achievement,
biliteracy development and
sociocultural competence.
A system for continually refining
the vision and mission among all
stakeholders.
Expected Levels
Essential Action
Leadership understands and supports DLI program fidelity through quality staffing and PD,
development of biliterate curriculum, assessments, and resources that ensure ongoing program
fidelity and student success.
Vision and Mission
A recruitment plan to hire and retain
qualified leaders.
Few district/ campus leaders with
credentials as a bilingual or ESL
teacher.
A leader who receives at least twenty
hours of professional development
annually.
Leaders with at least one professional
goal that focuses on academic
outcomes for emergent bilinguals.
A recruitment plan to hire and retain
effective leaders.
Most district/ campus leaders with
credentials as a bilingual or ESL
teacher.
A leader who receives at least thirty
hours of professional development
annually. New DLI leaders attend an
induction academy.
Leaders with at least two measurable
goals that improve cultural and
academic outcomes for emergent
bilinguals.
A strategic recruitment plan to hire and
retain highly effective leaders.
All district/ campus leaders with credentials
as a bilingual or ESL teacher.
A leader who receives at least forty hours of
professional development annually,
including walkthroughs in classrooms. New
DLI leaders attend an induction academy.
Leaders with an individual professional plan
with measurable goals that improve
cultural and academic outcomes for
emergent bilinguals.
Leaders with clear role descriptions/
expectations and shared responsibilities to
support program responsibilities.
Staffing and
Professional
Development
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A district DLI language assessment
policy not aligned to the DLI rubric.
An observation and feedback system
for teachers.
Systems and protocols established
to review student data.
A district DLI language assessment
policy mostly aligned to the DLI
rubric.
A quality observation and feedback
system for teachers and campus
leaders.
Systems and protocols established
to review student data that includes
both languages.
A clear district DLI language
assessment policy mostly aligned to
the DLI rubric.
A high-quality observation and
feedback system for teachers,
campus leaders, and district
administrators.
Systems and protocols established
to review student data that includes
both languages to refine instructional
and enrichment practices.
Instructional
Policy
Funding from a bilingual allotment
funds the dual language program.
Funding for professional
development aligned to the district/
school improvement plan.
Funding from a bilingual allotment,
centralized (district controlled) and
decentralized (campus controlled)
funds to a quality dual language
program.
Funding for quality professional
development aligned to the district/
school improvement plan.
Sufficient funding from a bilingual
allotment, centralized (district controlled)
and decentralized (campus controlled)
funds to a high-quality dual language
program.
Sufficient funding for consistent high-
quality professional development aligned
to the district/school improvement plan.
Funding
Content planned across the district
and campus levels.
Planning, instructional practices, and
student data monitored at the
district/campus levels.
Protocols for vertical and horizontal
planning across content at the
district and campus levels.
Periodically monitor planning,
instructional practices, and student
data to ensure collaboration
between DLI and the general
education program.
Established and ongoing protocols to
foster vertical and horizontal planning
within and across content at the district
and campus levels.
Consistently monitor planning,
instructional practices, and student data
to ensure collaboration between DLI and
the general education program.
Content Area
Department
Collaboration
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An allocation of few biliterate
resources for classroom use.
Communication about the
expectations in assessment.
Professional development for dual
language administrators and content
specialists in assessment practices.
An allocation of most biliterate
resources for classroom use in both
languages.
Communication about the
expectations in assessment in both
languages.
Professional development for dual
language administrators and content
specialists in formative assessment
practices.
An allocation of equitable biliterate
resources for classroom use in both
languages that facilitate alternative
assessment methods, provide
linguistic accommodations, and
facilitate instructional support.
Communication about the
expectations in assessment in both
languages for each grade level.
Differentiated professional
development for dual language
administrators and content
specialists in effective formative
assessment practices.
Assessments
Systems involve stakeholders
through communication and
decision-making practices.
Parent Academy established by
district leaders to inform parents
about the DLI program
(TO BE REFINED AFTER FACE WORK IS
COMPLETE
Systems involve stakeholders
through effective communication
and decision-making practices.
Parent Academy established by
some campuses to ensure parents
understand the DLI program and
receive some biliterate resources to
support their children at home.
(TO BE REFINED AFTER FACE WORK IS
COMPLETE)
Systems fostered by district/ campus
leaders to involve stakeholders through
highly effective communication and
decision-making practices.
Parent Academy established and
maintained by district/campus leaders
to ensure parents understand the DLI
program and receive sufficient biliterate
resources to support their children at
home.
(TO BE REFINED AFTER FACE WORK IS
COMPLETE)
Family and
Community
Empowerment
(This criteria is
being revised.)
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District leaders provide a curriculum
aligned to TEKS.
Few curriculum and biliterate
resources as indicated in their
campus improvement plan.
District/ campus leaders use student
data.
District leaders provide a curriculum
aligned to TEKS and the DLI rubric.
Most biliterate curriculum and
resources as indicated in their
campus improvement plan.
District/ campus leaders use student
data in both languages.
DLI teachers involved in the
development and procurement of
biliterate curriculum and resources.
District leaders provide a high quality
curriculum aligned to TEKS, ELPS and
the DLI rubric.
All biliterate curriculum and
resources as indicated in their
campus improvement plan.
District/ campus leaders use student
data in both languages to
differentiate supplemental biliterate
resources as needed for DLI
campuses/classrooms.
Curriculum and
Resources
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Lever 2: Program Model and Design
Established Exceeds Exemplary
Certified bilingual teachers are in
areas required by the education
code.
There is limited professional
development focused on
language proficiency.
Certified bilingual teachers are in
core content areas.
There is some professional
development that supports and
strengthens partner language
and/or English proficiency.
Certified bilingual teachers in all
content areas.
Professional development to
support and strengthen partner
language and/or English
proficiency of dual language
teachers.
Expected Levels
Essential Action
Inclusive and collaborative development of assets-based, culturally and linguistically sustaining
practices, biliteracy curriculum, assessments and resources aligned to DLI program goals
TEACHER
CERTIFICATION
TEC 29.061
(89.1210(c)(3)&(c)(4)
29.061 (b-1)(b-2)
A language allocation plan exists, but
is not well-known.
Some decisions are based on the
language allocation plan.
There is an evaluation of the
program, but the focus is on English
data.
Few of the support services are
aligned with the language allocation
plan.
A language allocation plan exists
and is known.
The language plan is understood by
the campus leaders and guides
many, but not all decisions.
An evaluation of the program
includes qualitative and quantitative
data in both languages, but not an
equal amount.
Several, but not all of the support
services are aligned with the
language allocation plan.
A clear allocation plan that is aligned with
the latest research.
A plan implemented with fidelity and
monitored by all campus leaders.
An evaluation based on qualitative and
quantitative data in both program
languages and biliteracy trajectory data.
Support services (e.g., special education,
gifted education, ESL) and specials (e.g.,
art, music) aligned with the language
allocation plan.
LANGUAGE
ALLOCATION PLAN
89.1227(d)
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14
The dual language program is run in
grades PK-3 only.
The students served are mostly
emergent bilingual students.
Newcomers are not offered the dual
language program.
Students learning English are exited
from the dual language program after
they are reclassified.
The dual language program runs
through the grade levels of the
elementary schools.
The students served are mostly
emergent bilingual students.
Newcomers are offered the dual
language program in grades PK-1st.
Reclassification of some emergent
bilinguals happens, but the school does
not encourage or discourage reclassified
students to stay in the program.
Programming beginning at PK, K or 1st
and continuing to roll up each year and
through 5th or 6th grade. Students
receive a recommendation to continue
into a dual language secondary
program.
Primary language English speakers can
enroll in the dual language program for
all grades PK-12.
Newcomers who speak the partner
language enter the dual language
program at all levels.
Re-classification of some emergent
bilinguals, but there is “no” exiting.
PROGRAM DURATION
89.1205 (a)(d)
89.1227 (e)
89.1233
89.1228
Content instruction is based on the
district’s curriculum. There are steps
taken to support a second language.
The goals of bilingualism, biliteracy
and sociocultural competences are
shared by some of the staff.
Content instruction is rooted in
culturally and linguistically sustaining
practices, communicated,
sequenced and scaffolded to ensure
high academic achievement in one
language. The goals of bilingualism,
biliteracy and sociocultural
competence are valued.
Culturally and linguistically sustaining
practices, linguistically accommodated
content instruction and design that is
communicated, sequenced, and
scaffolded to ensure high academic
achievement in both program
languages, bilingualism, biliteracy and
sociocultural competence.
PROGRAM
CONTENT GOALS
There is a limited plan that addresses
sociocultural competence. Some
teachers address this goal in their
classroom.
The school modifies the district
curriculum to incorporate sociocultural
competence when appropriate.
A plan exists that addresses the
development of sociocultural
competence and elevates biliteracy,
among all stakeholders.
Systems for the selection of
linguistically appropriate and culturally
and linguistically sustaining
instructional materials exist.
Opportunities for stakeholders to be involved
in creating a plan that addresses the
development of sociocultural competence
and elevates biliteracy, among all
stakeholders, including teachers, school staff,
administrators, and community members.
Systems for the selection of linguistically
appropriate and culturally and linguistically
sustaining instructional materials and their
thoughtful integration into the curriculum
along with the incorporation of sociocultural
competence skills into the curriculum.
PROGRAM
CULTURE GOALS
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The language allotment time is not
consistent in all classrooms.
The understanding about the
importance of translanguaging and
print in both languages exists with
some adults in the program, but not
all.
The language allotment time is
consistent across grade levels, but
not cohesively across the school.
There is an asset-based lens on
students’ translanguaging, but little
attention to the separation of
instructional languages.
An equal allotment of oral language
and literacy “development” time in
both languages (50/50 model) or is
provided initially in the partner
language (90/10, 80/20 model) and
then allotted equal time in both
languages once the program
reaches a 50/50 division of
instruction in the two languages
An asset-based lens on students’
translanguaging and print in both
languages, but a strict separation of
instructional language is upheld.
PROGRAM
LANGUAGE AND
LITERACY GOALS
28.0051(a)
89.1210 (c)(3)(c)(4)
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Lever 3: Staffing and Professional Development
Established Exceeds Exemplary
The school uses the district’s system
for recruitment and assignment for
teachers.
Individual teachers may reach out to
their network to recruit.
The school uses the district’s criteria,
protocols and induction program.
The interview process provided by
the district is used. Some questions
are asked in the partner language.
There is proactive recruitment of
bilingual certified teachers for the
school overall.
There are two or three modified
hiring practices for the program (i.e.
criteria, induction, protocols).
The interview process includes
bilingual personnel with some
specific dual language questions, but
the process overall focuses on
general education.
Ongoing and proactive recruitment
strategies that include many sources
for high-quality candidates.
Purposefully recruitment of
classroom, special education, elective
teachers and substitutes with
bilingual certification before hiring ESL
teachers.
Clear selection criteria, protocols,
hiring and induction processes for
teachers .
An interview process that includes
committees with bilingual personnel,
a purposeful interview protocol and
performance tasks focused on dual
language immersion and asset-
based values given in both
languages.
Expected Levels
Essential Action
Proactive staff recruitment, continuous professional development, and data-driven targeted PD
plans based on DLI program goals.
RECRUITMENT
89.1201 (a)(3)
89.1210 (c)(3-4)
89.1205 (g)
Teacher placements are primarily
driven by credentials.
Administrators and coaches provide
useful feedback on instruction that
may not be specific to a dual
language program.
There is some strategic placement of
teachers. The criteria is not clear to
all.
Some of the administrators and
coaches have a deep knowledge of
dual language and provide specific
feedback on the program.
Strategic teacher placements based on
student need, teacher strengths,
credentials and commitment to the
program with a recognition of the
importance of the primary grades for
language development in both
languages.
Administrators and coaches with a deep
knowledge of dual language education,
bilingual certification and a high level of
commitment to program goals.
ASSIGNMENT
89.1245 (a)
89.1210 (c)(3-4)
89.1250 (3)(t)
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The school adopts the district’s
strategies for supporting and
retaining staff.
There is a congenial workplace with
little conflict, but limited
collaboration.
The campus leader implements
personalized strategies to support
and retain staff.
There is a positive workplace climate.
Staff works together to gather
biliterate resources for the program.
Campus and district leaders
implement targeted and
personalized strategies to support
and retain staff, including stipends
for bilingual staff.
A positive workplace climate where
all staff are valued, celebrated and
appropriately supported in carrying
out their work, including appropriate
biliterate resources for effective
implementation of the dual language
program.
RETENTION
89.1210 (a)(1)
Districtwide communication is the
main way programs are
communicated.
Data is available about under or
over-identification, but the analysis is
sporadic.
Few, if any, programs have support
staff and teachers who are bilingual.
Opportunities for other programs are
included in school wide
communications (i.e. newsletters,
announcements).
Annually data is reviewed to ensure
there is not over or under-
identification of students in
specialized programs.
Some programs have support staff
and teachers who are bilingual.
Purposeful encouragement of students to
access other special programs, such as
gifted/talented education, special
education, and counseling.
Monitoring of data to ensure there is not
over representation or under-
identification of students in any
specialized program such as special
education
Bilingual teachers and other support staff
provide specialized program services
when appropriate.
SPECIAL PROGRAM
COORDINATION
89.1220 (b)
89.1220 (g)(4)
89.1230 (a-b)
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18
The school gives professional
development provided by the district
or a general education provider.
Professional development
occasionally includes modeling,
practice and reflection.
The professional development plan is
one year.
Board members and administrators
must identify their own professional
development
There is regular schoolwide
professional development provided
monthly to all adults.
Professional development usually
includes modeling, observation and
feedback, data and reflection within
the meeting time.
The professional development plan
covers 1-2 years.
There is optional professional
development on dual language to
board members and administrators.
Job-embedded professional
development given regularly to dual
language teachers, general education,
special education teachers and all
adults providing instruction.
Professional development consistent
with best practices for adult learning
and includes deliberate modeling,
observation and feedback cycles, data
and self-reflection.
A three-year plan for professional
development differentiated by teacher
experience.
Professional development on the best
practices of dual language for board
members, administrators and others in
a position to make decisions about the
dual language program.
PROFESSIONAL
DEVELOPMENT PLAN
89.1210 (c)(3-4)
89.1245 (e)(d)
There is limited coordination between
the programs, but often after the
general education plans are created.
Cross-collaboration rarely takes
place.
There is consistent coordination
between the general education and
dual language program in at least
three of these areas: planning,
offering professional development,
allocating resources and providing
access to electives, interventions and
accelerations.
Cross-collaboration is supported
when teachers initiate it.
Coordination considers a view of all
students needs, including those in a dual
language program. This includes
planning, offering professional
development, allocating biliterate
resources and providing access to
electives, interventions and accelerations.
Cross-training, cross-collaboration and
communication between general ed and
dual language teachers happens
systematically.
GENERAL
EDUCATION
COORDINATION
89.1210 (b)(f)
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19
Lever 4: Lesson Planning and Methods
Established Exceeds Exemplary
Limited and inconsistent use of a
lesson plan template.
Learning objectives posted, but
limited reflection by students at the
end of lessons.
Although expectations are there for
rigorous learning through
cooperative groups and higher order
thinking, this type of instruction is in
place in only a few DLI classrooms.
There is limited evidence of formative
assessments and data for DLI
teacher reflection to adjust and
deliver differentiated instruction.
Lesson plan template clearly defines
language and content objectives
and is used by most DLI staff.
Learning objectives posted and
student learning reflection is
consistent in most classrooms.
Expectations are clearly established
for rigorous learning through
cooperative groups, higher order
thinking and scaffolding, and most
classrooms engage students in this
type of learning.
There are formative assessments
and data used by most DLI teachers
to reflect, adjust and deliver
instruction that supports all students.
Unit and lesson plan templates
clearly define language and content
objectives and are used by all DLI
staff.
Learning objectives posted. Students
understand the purpose and reflect
on it at the end of the lesson.
Instructional strategies that include
rigorous learning, higher order
questioning, cooperative learning,
hands-on activities, critical thinking &
scaffolding are consistent across DLI
classrooms.
DLI Teachers use formative
assessments that yield the data
necessary to reflect, adjust, and
deliver instruction that meets the
needs of each student.
Expected Levels
Essential Action
Objective-driven daily lesson plans with formative biliterate assessments. Data-driven rigorous
and scaffolded instruction.
LESSON PLANS
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20
There is limited evidence of
culturally and linguistically
sustaining resources or instruction
in DLI programs.
There is inconsistent use of
culturally and linguistically
sustaining practices to engage
students in critical issues related
to strengthening equitable
instructional systems for
emergent bilingual students.
There is limited evidence of
culturally and linguistically
sustaining practices using funds
of knowledge to foster student
voice, agency and oral traditions.
Culturally and linguistically
sustaining practices are
inconsistently used by most DLI
teachers as a collective and
collaborative way of learning.
DLI program has identified
culturally and linguistically
sustaining resources, but not
consistently used in most DLI
classrooms.
Culturally and linguistically
sustaining practices are used in
most DLI classrooms engaging
students in critical issues related
to strengthening equitable
instructional systems for
emergent bilingual students.
Culturally and linguistically
sustaining practices include
integration of funds of knowledge
in most DLI classrooms to foster
student voice, agency and oral
traditions.
Culturally and linguistically
sustaining practices are student
centered with collective and
collaborative ways of learning in
most DLI classrooms.
DLI program includes culturally and
linguistically sustaining practices
that includes high-level
expectations, goal setting with
culturally and linguistically
sustaining resources and
experiences.
DLI classrooms use culturally and
linguistically sustaining practices to
foster “critical consciousness” by
addressing issues related to
strengthening equitable
instructional systems for emergent
bilingual students.
DLI classrooms use culturally and
linguistically sustaining practices to
integrate funds of knowledge that
foster student voice, agency and
oral traditions.
Culturally and linguistically
sustaining practices are student-
centered with collective and
collaborative ways of learning in
the majority of DLI classrooms.
CULTURALLY AND
LINGUISTICALLY
SUSTAINING
PRACTICES
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21
DLI students are not consistently
engaged through cooperative
learning based on cognitive and
linguistic skills.
There is limited evidence that the
DLI program has clear biliteracy
integration of content, language
and literacy instruction in both
languages.
There is limited evidence that the
DLI program has clear and
consistent use of language and
vocabulary cross-linguistic
connections to make authentic
and meaningful connections.
DLI students are not consistently
engaged in contrastive analysis
and metalinguistic knowledge
across languages.
DLI students are engaged through
cooperative learning based on
cognitive and linguistic skills in
most DLI classrooms.
DLI program has clear biliteracy
integration of content, language
and literacy instruction in both
languages in most DLI
classrooms.
Although the DLI program has
clear and consistent use of
language and vocabulary cross-
linguistic connections, it is not well
known across all DLI classrooms.
In most DLI classrooms, DLI
students are consistently
engaged in contrastive analysis
and metalinguistic knowledge
across languages.
DLI students are consistently engaged
through cooperative learning based
on cognitive and linguistic skills.
DLI program has clear biliteracy
integration of content, language and
literacy instruction in both languages.
DLI program has clear and consistent
use of language and vocabulary
cross-linguistic connections to make
authentic and meaningful
connections.
DLI students are engaged in
contrastive analysis and
metalinguistic knowledge across
languages.
CONTENT-BASED
INSTRUCTION
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22
Although DLI teachers have
common understanding that
language is also learned through
content and provides explicit
language strategies to support
biliteracy development, it is
implemented in few DLI
classrooms.
Although the DLI program
supports biliteracy development
with listening, speaking, reading
and writing in all content areas, it
is implemented in a few DLI
classrooms.
There is inconsistent integration of
content TEKS, Language TEKS and
Literacy TEKS in both languages
across most DLI classrooms to
facilitate deep and meaningful
learning.
Although the DLI program
recognizes the need for authentic
literacy practices in the partner
language that respects the
structure of the language, few of
the DLI classrooms address this
issue correctly.
There is common understanding
by most DLI teachers that
language is also learned through
content and provides explicit
language strategies to support
biliteracy development and
consistently implemented in
some DLI classrooms.
Although the DLI program
supports biliteracy development
with listening, speaking, reading
and writing in all content areas, it
is not implemented in some DLI
classrooms.
There is clear and consistent
integration of content TEKS,
Language TEKS and Literacy TEKS
in both languages of instruction
across most DLI classrooms to
facilitate deep and meaningful
learning.
Although the DLI program
recognizes the need for authentic
literacy practices in the partner
language that respects the
structure of the language, only
some of the DLI classrooms
address this issue correctly.
There is common understanding by
DLI teachers that language is also
learned through content and
provides explicit language strategies
to support biliteracy development
and consistently implemented in DLI
classrooms.
DLI program clearly supports
biliteracy development in that
listening, speaking, reading and
writing is incorporated by DLI teachers
in all content areas to build concepts
and content-based language.
There is clear and consistent
integration of content TEKS, Language
TEKS and Literacy TEKS in both
languages across DLI classrooms to
facilitate deep and meaningful
learning.
The DLI program recognizes the need
for authentic literacy practices in the
partner language that respects the
structure of the language and is
addressed correctly in the majority of
classrooms.
AUTHENTIC
BILITERACY
DEVELOPMENT
ACROSS CONTENT
AREAS
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23
The DLI program promotes an
“asset-based philosophy” that
uses enrichment practices to
provide accelerated growth in
literacy development, however
there is still significant use of
remedial practices such as
pullout and RTI.
DLI teachers are inconsistent with
heterogeneously grouped
students that are given high-
quality classroom instruction,
including differentiation.
In few DLI classrooms, there is
evidence of effective instructional
practices such as higher order
thinking, scaffolding in both
program languages, project
based learning, and cross-
linguistic connections.
The DLI program promotes an
“asset-based philosophy” that
uses enrichment practices to
provide accelerated growth in
literacy development, however
there is still some use of remedial
practices such as pullout and RTI.
There is consistent use of
heterogeneously grouped
students given high-quality
classroom instruction, including
differentiation in some DLI
classrooms.
In most DLI classrooms, there is
evidence of effective instructional
practices such as higher order
thinking, scaffolding in both
program languages, project
based learning, and cross-
linguistic connections.
The DLI program promotes an asset-
based philosophy that uses
enrichment practices to provide
accelerated growth in literacy
development and no remedial
practices such as pullout and RTI.
DLI teachers are consistent with
heterogeneously grouped students
that are given high-quality classroom
instruction and supported through the
use of effective practices, including
differentiated instruction.
DLI classrooms use effective
instructional practices including
higher-order thinking,
evidence-based dual language
instruction,
scaffolding in both program
languages, project-based learning,
and cross-linguistic connections.
DLI
PEDAGOGY
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24
Limited number of DLI teachers
engage students in instruction
that incorporates appropriate
separation of languages to
promote high levels of language
acquisition.
Few DLI teachers engage
students in instruction that
includes recognizing language
varieties within and across
program languages that include
a critical analysis of the
differential power and status of
language varieties at the local
and national level.
Few DLI teachers respect
language variation and make
space for it in the classroom to
support academic, linguistic, and
sociocultural goals.
Few DLI teachers engage
students in instructional activities
that include community-based
projects that incorporate
language varieties in a
meaningful way.
Some DLI teachers engage
students in instruction that
incorporates appropriate
separation of languages to
promote high levels of language
acquisition.
Some DLI teachers engage
students in instruction that
includes recognizing language
varieties within and across
program languages that include
a critical analysis of the
differential power and status of
language varieties at the local
and national level.
Some DLI teachers respect
language variation and make
space for it in the classroom to
support academic, linguistic, and
sociocultural goals.
Some DLI teachers engage
students in instructional activities
that include community-based
projects that incorporate
language varieties in a
meaningful way.
DLI teachers engage students in
instruction that incorporates
appropriate separation of languages
to promote high levels of language
acquisition.
DLI teachers engage students in
instruction that includes recognizing
language varieties within and across
program languages that include a
critical analysis of the differential
power and status of language
varieties at the local and national
level.
DLI teachers respect language
variation and make space for it in the
classroom to support academic,
linguistic, and sociocultural goals.
DLI teachers engage students in
instructional activities that include
community-based projects that
incorporate language varieties in a
meaningful way.
LANGUAGE USE
89.1210 (b)(2)(a)
74.4(a)(2)(c)(a)(4)
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25
Some DLI teachers implement
differentiated instruction
“incorrectly” by providing varied
“levels of instruction” according to
student academic abilities.
Some DLI teachers implement
differentiated instruction
appropriately and provide “on-grade
level instruction” to all students
regardless of academic and
linguistic level.
Teachers implement differentiated
instruction appropriately by providing
on-grade level instruction for all
students regardless of academic and
linguistic level and differentiate the
strategy, methods and techniques to
support diverse students to learn at that
level.
DIFFERENTIATED
INSTRUCTION
89.1201 (a)
74.4 (b)(1), (a)(6)
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26
Lever 5: Curriculum and Resources
Established Exceeds Exemplary
Curriculum is standards-based in
both languages supporting
bilingualism and biliteracy
development but lacking
embedded focus on sociocultural
competence.
Curriculum is based on enriched
education in both languages that
includes digital resources and an
emphasis on language diversity,
but limited focus on equitable
resources and literacy
development across subjects in
both languages.
Curriculum is standards-based in
both languages supporting
bilingualism and biliteracy
development. There is evidence of
a focus on sociocultural
competence
Curriculum is based on enriched
education in both languages that
includes digital resources and an
emphasis on language diversity,
and there is some focus on
equitable resources and literacy
development across subjects in
both languages.
clearly promotes culturally and
linguistically sustaining
practices, linguistic diversity and
equitable resources and literacy
for all learners
includes a scope and sequence
for language and literacy
development across subjects in
both languages, and
includes quality, digital biliterate
resources in both languages.
Curriculum is research and
standards-based addressing the
goals of bilingualism, biliteracy,
strong academic achievement in
both languages and an intentional
intertwining of sociocultural
competence.
DLI curriculum is challenging based
on an enriched education that
Expected Levels
Essential Action
Inclusive and collaborative development of assets-based, culturally and linguistically sustaining
practices, biliteracy curriculum, assessments and resources aligned to DLI program goals
CURRICULUM
STANDARDS
74.4 (a)(1)
89.1201 (a-b)(d)
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27
DLI curriculum has hands-on
resources, but limited integration
of culturally and linguistically
sustaining practices and
authentic biliterate resources in
both languages.
Literacy resources generally do
not accurately reflect the
structure of literacy (reading &
writing) in the partner language.
Partner language resources are
mostly translated from English
versions.
Primary learning resources are
not consistent across subjects in
the language of instruction
according to the language
allocation plan.
Supplemental learning resources
are limited in partner language.
DLI curriculum has hands-on
resources and some integration
of culturally and linguistically
sustaining practices and
authentic biliterate resources in
both languages.
Literacy resources generally
accurately reflect the structure of
literacy (reading & writing) in the
partner language.
Partner language resources are
mostly authentic and not
translated English resources.
Primary learning resources are
mostly consistent across subjects
in the language of instruction
according to the language
allocation plan.
Supplemental learning resources
are available in most subjects in
both languages.
Include culturally and linguistically
sustaining practices in both
languages
address students prior knowledge
include a multilingual perspective,
and
are hands-on and authentic.
DLI curriculum includes asset-based
biliterate resources that
Literacy resources accurately reflect
the structure of the partner language
literacy process and include high-
quality literature.
Partner language resources based on
the partner language and not only
translated English resources.
Primary learning biliterate resources
available in language of instruction.
Supplemental learning biliterate
resources available in both
languages.
RESOURCES
74.4 (a)(1)
89.1201 (a-b)(d)
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28
Student assessments are not
consistent with the language of
instruction according to the
language allocation plan.
Although assessments in literacy
development (reading & writing)
are used by teachers to inform
instruction, there are limited or no
assessments in most subject-
areas in both languages.
Few or no tools or assessments
that allow students to track their
own progress related to
metacognitive & metalinguistic
connections.
Few or no teachers use tools to
monitor the growth of both
languages.
Few or no teachers use student
portfolios with templates and
timelines for completion.
Student assessments generally
include culturally and linguistically
sustaining practices in both
languages or specific to
language of instruction.
Assessments in literacy
development (reading & writing)
and subject-areas are generally
used by most teachers to inform
instruction in both languages.
Some tools or assessments that
allow students to track their own
progress related to metacognitive
& metalinguistic connections are
available.
Teachers generally use tools to
monitor the growth of both
languages.
Most teachers use student
portfolios with templates and
timelines for completion.
Student assessments include
culturally and linguistically sustaining
practices in both languages or
specific to language of instruction.
Assessments allow teachers to
evaluate literacy skills,proficiency, and
subject-area knowledge in both
languages.
Several tools available to students to
build awareness of their own
strengths and weaknesses and track
their own progress on metacognition
and metalinguistics connections.
Observation tools that support
monitoring the growth of both
languages used by all teachers.
All teachers employ student portfolios
with templates and timelines for
completion
CLASSROOM
ASSESSMENTS
89.1210 (a)(1)
89.1220 (i), (l)(1)(G)
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29
No continuous improvement
process aligned to state
standards in both languages at
all grade levels.
Student support and planning
decisions are mostly unilateral
and do not involve stakeholders.
Inconsistent conversations with
students regarding goal setting
and growth in both languages.
Inconsistent systems in place for
data-driven reflection by item
and student level in both
languages.
No clear and consistent visible
data on student progress to
foster student ownership and
goal setting
Limited communication with LPAC
on the academic and linguistic
progress of current and former
emergent bilingual students and
the recommended state and
local assessments
Limited continuous improvement
processes in place aligned to
state standards in both
languages at all grade levels.
Student support and planning
decisions involve some
stakeholders, but not all.
Consistent conversations with
students regarding goal setting
and growth in both languages.
Some systems in place for data-
driven assessments for emergent
bilinguals by item and student
level in both languages.
Some clear and consistent visible
data on student progress in most
classrooms to foster student
ownership and goal setting.
Inconsistent communication with
LPAC on the academic and
linguistic progress of current and
former emergent bilingual
students and the recommended
state and local assessments
Continuous improvement processes
aligned to state standards in both
languages at all grade levels.
Student support and planning
decisions include the input of all
stakeholders.
Systematized conversations with
students to develop student agency
in goal setting and monitoring growth
in both languages.
Systems in place for data-driven
assessments based on best
practices for emergent bilinguals by
item and student level in both
languages.
Visible data on student progress in all
classrooms and throughout the
school to foster student ownership
and goal setting
Communicates regularly with LPAC
on the academic and linguistic
progress of current and former
emergent bilingual students and the
recommended state and local
assessments
STATE ASSESSMENTS,
PROGRESS
MONITORING & DATA
ANALYSIS
89.1220 (l), (l)(1)(F)(I)
89.1226 (i)(k)
Hold a district-level DLI vision and mission
Clearly articulate a DLI district policy approved by the board to support program quality and
sustainability
Use a DLI program marketing strategy to ensure effective communication with all stakeholders to
highlight teacher & student successes, including traditional and online marketing tools
Create a strategic recruitment plan to hire and retain highly qualified and effective campus &
district leaders committed to DLI, including the development of specific job descriptions and
interview protocols for DLI leaders
Facilitate DLI professional development for directors, coordinators, campus principals & assistant
principals, coaches, specialists, counselors, and central office staff involved with supporting DLI
program
Actively participate in local, state, and national conferences & events to highlight the effective
implementation of the DLI program
Use district-wide systems and protocols to review student data that include both languages to
refine instructional and enrichment practices, based on a well-articulated district-wide DLI biliterate
assessment policy
Provide sufficient foundational and supplemental funding from local, state, and federal revenues to
implement a high-quality DLI program at respective campuses
Coordinate meetings between DLI program department and other content departments and
special programs to ensure collaboration between departments and participation of content
teachers and support staff in professional development related to the DLI program
Regularly convene district instructional leadership team meetings focused on district-wide quality
DLI implementation
Regularly provide progress reports & updates on DLI program to board members and other district
administrators at least twice per semester
Conduct a DLI program evaluation annually and share with the board of trustees and other district
administrators
Copyright © 2021. Texas Education Agency. All Rights Reserved.
30
District Administrator Checklist
DLI Program Implementation
Lever1
Leadership and Family & Community Empowerment
Use and allocate bilingual funds to support staff seeking bilingual certification, including
certification exam
Establish a district-wide DLI model and goals for all participating schools
Use a language allocation plan to be implemented in all DLI campuses and assures
appropriate allotment of oral language and literacy in both languages
Reclassify emergent bilingual learners but don’t exit them from the DLI program through at
least 5th or 6th grade
Facilitate inclusion of newcomers who speak the partner language, to participate in DLI
program, if available, for all grades PK-12
Promote a district-wide plan for academic & linguistic achievement in both program
languages to support biliteracy and social cultural competence
Ensure there are opportunities for all stakeholders to be involved and valued in the DLI
Program
Demonstrates an alignment and implementation of culturally and linguistically sustaining
instructional materials
Lever2
Program Model and Design
Lever3
Staffing and Professional Development
Establish a recruitment and retention plan with human resources department to incentivize
bilingual certification and actively recruit bilingual teachers
Strategically place teachers, and coaches based on student needs, teacher strengths,
credentials, and commitment to the DLI program in both languages and subjects
Provide specialized program services provided to DLI students allowing access to other
programs through the monitoring of data
Ensure a professional development plan targeting best practices used in DLI program for all
stakeholders and an intentional 6 hour annual refresher course
Create and monitor a cohesive collaboration between general education and DLI programs
aligned to the district's vision and mission statement
Establish professional development systems for district and campus leaders to understand
similarities and differences in curriculum for all content areas in DLI and general education
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31
Adopt a district-wide lesson plan process that clearly defines content, language and
sociocultural objectives
Support instructional strategies district-wide of rigorous learning, scaffolding practices,
and cooperative, and hands-on learning
Use formative biliterate assessment data to reflect, adjust, and differentiate
instructional policy to accelerate student learning
Focus on culturally and linguistically sustaining practices districtwide in lesson plan
templates across content areas and grade levels
Integrate district-wide content, language and literacy TEKS in both program languages
of instruction
Establish and communicate a district-wide language development and biliterate
assessment policy
Lever4
Lesson Planning and Methods
Lever5
Curriculum and Resources
Adopt a standards-based biliterate curriculum that supports biliteracy, diversity and
sociocultural values across content areas in both languages
Adopt assets-based high-quality authentic resources aligned to the curriculum
according to the language allocation plan to address all learning modalities
Ensure quality primary biliterate resources are available in the language(s) of
instruction and supplemental resources are available in both languages
Ensure authentic formative and summative biliterate assessments in both languages
across content areas
Include in the district improvement plan a continuous improvement process to use
with students aligned to state standards in both languages at all grade levels
Ensure the language of assessment is in both languages for reading and writing
classroom & state assessments, when available
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32
Create a vision and mission statement clearly aligned with DLI program goals and
expectations
Implement a comprehensive professional development plan aligned with DLI goals for
all school staff Adhere to district language assessment policy, observation & feedback
systems, and data protocols aligned with DLI programming
Establish and monitor vertical and horizontal planning to ensure collaboration between
the DLI and general education program
Establish, support, and monitor biliterate assessment expectations in both program
languages for each grade level
Prioritize procurement of supplemental biliterate resources in both languages aligned
with campus and district improvement plans
Place certified bilingual teachers strategically based on grade level and content assignments
Monitor the language allocation plan with fidelity
Evaluate the DLI program based on qualitative and quantitative data in both program
languages and biliteracy trajectory data
Begin DLI program at PK, K or 1st and roll it up each year through 5th or 6th grade
Support the re-classification of emergent bilingual students, but don’t exit them from the DLI
program
Offer the DLI program to newcomers who speak the partner language, if available, for all
grades PK-12
Utilize the district-selected culturally and linguistically sustaining instructional materials
Ensure appropriate allotment of oral language and literacy development time in both
languages depending on program model and design
Monitor consistent separation of instructional languages while supporting students’
translanguaging
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33
Campus Administrator Checklist
DLI Program Implementation
Lever1
Leadership and Family & Community Empowerment
Lever2
Program Model and Design
Lever3
Staffing and Professional Development
Recruit teachers focused on high-quality candidates with asset-based values and a clear
priority for bilingual certified personnel versus ESL
Strategically place highly qualified teachers, and support staff across grade levels to ensure
strong program fidelity and student success
Value and celebrate DLI teachers and staff
Ensure emergent bilingual learners have equal access to special programs such as gifted &
talented education, STEM, AP, special education, counseling
Receive and provide continuous professional development on key program components and
best practices
Create and maintain systems of cross-collaboration between general education and DLI
teachers on professional development, allocation of biliterate resources, and acceleration
practices to support emergent bilingual students’ success
Monitor lesson plans to include rigorous, appropriate academic and linguistic objectives,
higher-order thinking activities and strategies, scaffolding in both program languages,
project-based learning, and cross-linguistic connections
Communicate expectations for and monitor implementation of culturally and linguistically
sustaining practices
Construct and monitor campus-wide initiatives that highlight the targeted and strategic
development of academic language in both languages with appropriate separation
Ensure lessons include listening, speaking, reading and writing across subject areas
Monitor biliteracy integration of content, language and literacy TEKS in both program
languages of instruction
Consistently monitor and support implementation of DLI instruction by providing appropriate
feedback & coaching for DLI teachers
Establish and communicate a campus-wide language development and biliterate
assessment policy
Monitor differentiated “on-grade level” instruction for all students regardless of academic
and linguistic level that aligns methods and techniques to support diverse student learning
Lever4
Lesson Planning and Methods
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34
Lever5
Curriculum and Resources
Use a standards-based biliterate curriculum that supports biliteracy, diversity and
sociocultural values across content areas in both languages
Ensure assets-based biliterate resources that are authentic, rooted in culturally and
linguistically sustaining practices, and available in both languages
Obtain quality primary resources in language of instruction(s) and supplemental
resources in both languages
Use teacher observation tools to monitor student growth in literacy and content
knowledge in both languages
Use DLI student portfolios for students to build awareness of their metacognitive and
metalinguistic strengths and areas of growth
Continuously support culturally and linguistically sustaining assessments in both
languages
Use assessments in the classroom in the students’ first language. If possible, state
assessments in first language at the 3rd & 4th grade
Ensure systematized conversations with students to develop goal setting, monitoring
growth in both languages, and data-driven reflections to foster student ownership
Copyright © 2021. Texas Education Agency. All Rights Reserved.
35
Post and communicate program goals to students and families
Participate in an observation & feedback system for continuous improvement
Establish systems to collaborate with instructional leaders to integrate content and DLI
standards
Use partner language assessments that reflect the structure of that language
Analyze assessment data and assess students holistically through an asset-based
and biliteracy trajectory lens
Utilize and provide feedback on biliterate curriculum and resources aligned to best
practices and align to the goals of DLI
DLI Teacher Checklist
DLI Program Implementation
Lever1
Leadership and Family & Community Empowerment
Lever2
Program Model and Design
Obtain or actively pursue bilingual certification
Adhere to language allocation plan with fidelity and provide metalinguistic and
metacognitive connections in both languages
Plan for, deliver, and seek feedback on content instruction that is rooted in culturally and
linguistically sustaining practices
Communicate and model linguistic equity between the partner language and English,
actively integrating families, school, and local communities in this effort
Actively engage in the creation and implementation of a school-wide plan that addresses
the development of sociocultural competency and elevates biliteracy among all
stakeholders
Through an asset-based lens, support students’ linguistic approaches such as
translanguaging while maintaining a strategic separation of instructional language
Copyright © 2021. Texas Education Agency. All Rights Reserved.
36
Lever3
Staffing and Professional Development
Participate in protocol and recruitment committees as directed by administration
Collaborate with one another, feel valued and celebrated through PLCs, grade-level
meetings (horizontal & vertical) focused on DLI program goals
Advocate for the needs of emergent bilingual students to access special programs, such as
gifted & talented education, special education, and counseling
Monitor data of language development and content learning in both program languages to
ensure there is not overrepresentation or under-identification of students in any specialized
program such as special education
Participate in professional development aligned to the DLI program vision and goals
including biliteracy development, pedagogy, and DLI implementation best practices
Participate in professional learning opportunities to develop and elevate partner language at
high academic levels
Participate in cross-training, cross-collaboration, and communication between general
education and dual language teachers
Post clearly defined language, content and literacy objectives that students understand and
reflect on at the end of the lesson
Use effective instructional strategies that include rigorous learning, higher-order questioning,
hands-on activities, critical thinking, oracy strategies, project-based learning & scaffolding
Include formative biliterate assessments that evaluate the effectiveness of the lesson’s
language objective
Engage in culturally and linguistically sustaining practices that include funds of knowledge,
high-level expectations and goal setting that fosters “critical consciousness” with issues of
social inequities using culturally and linguistically sustaining resources and experiences.
Include a critical analysis of the differential power and status of language
Engage students through cooperative learning based on cognitive and linguistic skills and
differentiate strategies to maximize “on-grade level” learning, regardless of their level
Incorporate clear and consistent use of language and vocabulary and intentionally plan for
contrastive analysis facilitating students to make cross and metalinguistic connections while
remaining consistent in language of instruction.
Use explicit language strategies to support biliteracy development in listening, speaking,
reading and writing and incorporated in all content areas to build concepts and content-
based language.
Lever4
Lesson Planning and Methods
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37
Use clear integration of content TEKS, Language TEKS and Literacy TEKS in both partner
language and English instruction to facilitate deep and meaningful learning
Teach in the partner language using authentic literacy practices that accurately reflect the
structure of the partner language
Use asset-based lessons that incorporate enrichment practices to provide accelerated
growth in biliteracy development and not remedial practices such as pullout and RTI
Heterogeneously group students with high-quality classroom instruction including
differentiated instruction and strategies that support cross-linguistic connections
Follow language of instruction while allowing students to draw from their linguistic repertoire
to engage and process learning supporting academic, linguistic, and sociocultural goals
Copyright © 2021. Texas Education Agency. All Rights Reserved.
38
Follow a rigorous standards-based authentic curriculum that supports biliteracy,
diversity and sociocultural values
Use assets-based primary learning resources in language of instruction and
supplemental biliterate resources that are rooted in culturally and linguistically
sustaining practices and available equitably in both languages
Create and use culturally and linguistically sustaining formative, summative
assessments (including performance-based assessments) and observation tools in
both program languages to monitor student growth in biliteracy development and
mastery in content knowledge and skills in both languages
Have systematized conversations with students to build awareness of their
metacognitive and metalinguistic strengths and develop student agency in goal
setting and monitoring growth in both languages
Use systems in place for data-driven assessments based on best practices for
emergent bilinguals by item and student level in both languages
Communicate regularly with LPAC on the academic and linguistic progress of current
and former emergent bilingual students and the recommended state and local
biliterate assessments
Lever5
Curriculum and Resources
Copyright © 2021. Texas Education Agency. All Rights Reserved.
39
Dual Language Success Criteria
The Dual Language Success Criteria provides a numerical model to assess
the current level of implementation of a dual language program. This tool
provides a measurement system to assess your current state and identify
the highest priority areas for improvement. The criteria are organized into the
same levers as the rubric and checklists:
Lever 1: Leadership and Family and Community Empowerment
Lever 2: Program Model
Lever 3: Staffing and Professional Development
Lever 4: Lesson Planning and Methods
Lever 5: Curriculum and Resources
Copyright © 2021. Texas Education Agency. All Rights Reserved.
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1.1.a Clear DLI program vision and mission aligned to the DLI rubric with measurable DLI
goals clearly focused on high academic expectations, biliteracy development and
sociocultural competence
1.1.b DLI program clearly articulated in policy and approved by the board to support
program quality and sustainability
1.1.c DLI program marketing strategy to ensure effective communication with all
stakeholders to highlight teacher & student successes, including traditional and online
marketing tools
1.1.d Post and communicate DLI program goals to students and families
Prioritized Lever #1:
Leadership & Family and
Community Empowerment
Essential Action: Leadership understands and supports DLI program
fidelity through quality staffing and PD, development of biliterate
curriculum, assessments, and resources that ensure ongoingprogram
fidelity and student success.
Dual Language Program Success Criteria
Key DLI Program Practice
Success Criteria
1.1 DLI vision & mission supported
with measurable goals and a clearly
focused plan that commits to high
expectations in academic, biliteracy
development and sociocultural
competence
1.2.a Strategic recruitment plan to hire and retain highly qualified and effective campus &
district leaders committed to DLI, includes the development of specific job descriptions
and interview protocols for DLI leaders
1.2.b Instructional leadership is strategically recruited and retained to support a quality DLI
program
1.2 A strategic recruitment plan to
hire and retain highly effective
leaders
1.3.a Partner language is elevated to equal status with English
1.3.b Perception data is used to measure equitable experiences and a sense of belonging
for all students
1.3 A safe school culture that
elevates all students’ experiences
and fosters a sense of belonging
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1.4.a Comprehensive professional development plan aligned with DLI goals for campus
administrators, teachers and all school staff and continuous monitoring and support of
DLI implementation (e.g. classroom observations, school walkthroughs)
1.4.b Support teachers to set and reach their own professional development goals to
continuously improve on best DLI practices
1.4 Individual professional
development plans with
measurable goals that improve
linguistic, cultural and academic
outcomes for emergent bilingual
students
11.5.a Facilitate DLI professional development for directors, coordinators, campus
principals & assistant principals, coaches, specialists, counselors, and central office staff
involved with supporting DLI program
1.5.b Actively participate in local, state, and national conferences & events to highlight the
effective implementation of their DLI program
1.5 Clear role
descriptions/expectations and
shared responsibilities to support DLI
program responsibilities
1.6.a Follow language of instruction as designated in the content and language allocation
plan and use campus & district biliterate assessments
1.6.b Adhere to district language assessment policy, observation & feedback systems,
and data protocols aligned with DLI programming
1.6.c Systems and protocols to review student data that includes both languages to refine
instructional and enrichment practices, based on a well-articulated district-wide DLI
assessment policy
1.6 A clear district DLI language
assessment policy mostly aligned to
the DLI rubric to review student data
that includes both languages to
refine instruction and enrichment
practices
1.7.a Sufficient foundational and supplemental funding from local, state, and federal
revenues to implement a high-quality DLI program
1.7.b Inclusive conversations with leaders on the funding needs of the DLI program
1.7 Sufficient funding from a bilingual
allotment, centralized (district
controlled) & decentralized
(campus controlled) funds for a
high-quality DLI program aligned to
DIP and CIP
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1.8.a Establish systems to collaborate with instructional leaders to integrate content and
DLI standards
1.8.b Establish and monitor vertical and horizontal planning to ensure multidisciplinary
collaboration between DLI, general education and special programs
1.8.c Hold meetings between DLI program department and other content departments
and special programs to ensure collaboration between departments and participation of
content teachers and support staff in professional development related to the DLI
program
1.8 Established and ongoing
protocols to foster vertical and
horizontal planning within and
across content at all levels
1.9.a Analyze assessment data and assess students holistically through an asset-based
and biliteracy trajectory lens
1.9.b Consistently monitor planning, instructional practices, and student data to ensure
collaboration between DLI and the general education program
1.9 Consistently monitor planning,
instructional practices, and student
data to ensure collaboration
between DLI and the general
education program
1.10.a Establish, support, and monitor assessment expectations in both program
languages for each grade level
1.10.b Partner language assessments reflect the structure of that language and facilitate
alternative assessment method
1.10 An allocation of equitable
biliterate resources for classroom
use in the two program languages
that facilitate alternative
assessment methods, provide
linguistic accommodations, and
facilitate instructional support.
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43
1.11.a Regularly convene Instructional Leadership Team (ILT) meetings focused on quality
DLI implementation for emergent bilingual students
1.11.b Regularly provide progress reports & updates on DLI program to board members
and other district administrators
1.11.c DLI program evaluation is conducted and shared annually with the board of trustees
and other district administrators
1.11 Systems fostered to involve
stakeholders through highly
effective communication and
decision-making practices,
including targeted professional
development for DLI administrators
and content specialists in effective
1.12.a Staff at all levels are involved in development and procurement of a biliterate
curriculum and resources
1.12.b Biliterate curriculum and resources are clearly aligned to DLI best practices and
asset-based critical lens aligned to the goal of DLI
1.12.c Established systems for collaboration between bilingual departments and general
education to create aligned biliterate resources documents, such as Year-at-a-Glance,
scope & sequence, exemplar lessons, instructional resources, etc.
1.12 Provide a high-quality
standards-based TEKS curriculum
and the DLI rubric and biliterate
resources as indicated in DIP and
CIP
1.13.a Prioritized procurement of supplemental resources in both languages aligned with
campus and district improvement plans
1.13 Use student data from both
languages to differentiate
supplemental biliterate resources as
needed for DLI
campuses/classrooms
Established - 70%
Exceeds - 80%
Exemplary - 90%
Copyright © 2021. Texas Education Agency. All Rights Reserved.
44
2.1.a Ensure all emergent bilinguals are served in the DLI program either through one-way
or two-way DLI classrooms
2.1.b Ensure the allocation of space for late-coming emergent bilinguals
2.1.c Serve emergent bilinguals in their first language and English
2.1.d Encourage emergent bilingual students whose first language is not available in a DLI
program to participate in another available DLI program
Prioritized Lever #2:
Program Model and Design
Essential Action: Prioritized emergent bilingual students, a clear
language and content allocation plan, and ensures 50% of instruction in
partner language.
Key DLI Program Practice
Success Criteria
2.1 DLI program clearly prioritizes
serving emergent bilinguals
2.2.a Establish and communicate a district-wide DLI model and goals for all participating
schools
2.2.b The language allocation plan is implemented and monitored with fidelity
2.2.c Provide metalinguistic and metacognitive connections in both the partner language
and English
2.2.d Evaluate DLI program based on qualitative and quantitative data in both program
languages and biliteracy trajectory data
2.2 A clear DLI model is
communicated, implemented and
evaluated
Copyright © 2021. Texas Education Agency. All Rights Reserved.
45
2.3.a Support campuses with DLI program roll-out to begin at PK, K or 1st and continue
each year until fully implemented at 5th or 6th grade
2.3.b Ensure reclassified emergent bilinguals continue in DLI program until at least 5th or
6th grade
2.3.c Facilitate inclusion of emergent bilingual students (including newcomers) who
speak the partner language, to participate in DLI program, if available, for all grades PK-12
2.3.d Show clear evidence ofcommunication and modeling of linguistic equity between
the partner language and English, actively integrating families, school, and local
communities in this effort
2.3.e Support reclassification of some emergent bilingual students but “no” exiting, as they
must continue in the DLI program
2.3 Students with different levels of
language proficiency have multiple
entry points into the DLI program
and are encouraged to continue
2.4.a Plan for, deliver, and seek feedback on linguistically accommodated content
instruction that is based on culturally and linguistically sustaining practices, ensures
academic & linguistic achievement in both program languages and support biliteracy
and sociocultural competence
2.4.b Promote a district-wide plan for academic & linguistic achievement in both
program languages to support biliteracy and social cultural competence
2.4.c Ensure there are opportunities for all stakeholders to be involved and valued in the
DLI Program
2.4.d Demonstrates alignment and implementation of linguistically appropriate and
instructional materials based in culturally and linguistically sustaining practices
2.4 Program model ensures high
academic achievement in both
languages, bilingualism, biliteracy
and sociocultural competence
2.5.a Provide opportunities for all stakeholders to be involved and valued in the DLI
program
2.5.b Staff at all levels are actively involved in the creation and implementation of a
school-wide plan that addresses the development of sociocultural competency and
elevates the understanding of biliteracy development among all stakeholders
2.5 Stakeholders are actively
involved in creating a school that
values the sociocultural
competence of students.
Copyright © 2021. Texas Education Agency. All Rights Reserved.
46
2.6.a Schedule reflects oral literacy and biliteracy development according to the
respective model design.
2.6.b Through an asset based lens, support students’ linguistic approaches such as
translanguagingwhile maintaining a strict separation of instructional language
2.6.c Appropriate allotment of oral language and literacy development time in both
languages depending on program model and design
2.6.e Model adheres to consistent separation of instructional languages while supporting
student’s translanguaging
2.6 Program model builds on the
assets of students’ languages and
builds biliteracy development
Established - 70%
Exceeds - 80%
Exemplary - 90%
Copyright © 2021. Texas Education Agency. All Rights Reserved.
47
3.1.a Recruitment process has a clear recruitment and hiring strategy that is focused on
high quality candidates with asset-based values and a clear priority for bilingual certified
personnel
3.1.b Collaborate to create a pathway for existing staff to develop DLI skills and work with
institutions on high-quality preparation for future staffing
Prioritized Lever #3:
Staffing and Professional
Development
Essential Action: Proactive staff recruitment, continuous professional
development, and data-driven targeted PD plans based on DLI program
goals.
Key DLI Program Practice
Success Criteria
3.1 Ongoing and proactive
recruitment strategies with clear
selection and hiring processes that
focus on hiring bilingual certified
teachers with an asset-based
mindset
3.2.a Use and allocate bilingual funds to support staff seeking bilingual certification
3.2.b Reimburse costs of certification exam for DLI teachers completing bilingual
certification
3.2.c Obtain or actively pursue bilingual certification in all content areas
3.2.d Strategically place certified bilingual teachers in grade level or content assignments,
considering not only certification and partnerships, but relationship to the grade level as
a whole.
3.2 Certified bilingual teachers are in
all content areas and grade levels
Copyright © 2021. Texas Education Agency. All Rights Reserved.
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3.3.a Strategic placement of highly qualified leaders, teachers, and support staff across
grade levels to ensure strong program fidelity and student success
3.3.b Strategic placement based on student needs, bilingual strengths, credentialing, and
other staff factors
3.3 Strategic staff placements
based on student need, bilingual
strengths, credentials and
commitment to the program
3.4.a Systemically create professional learning opportunities that align with DLI goals
rooted in culturally and linguistically sustaining practices
3.4.b Collaborate and celebrate with a focus on the DLI program goals
3.4 Implement targeted and
personalized strategies to support
and retain staff to create a positive
workplace climate
3.5.a All DLI students have equitable access to special programs such gifted & talented
education, STEM, AP, special education, counseling
3.5.b Systematically monitor data of language development and content learning in both
program languages to ensure there is not over representation or under-identification of
students in any specialized program
3.5 Purposeful encouragement of
students to access other special
programs
3.6.a Staff receive continuous, targeted professional development aligned to DLI program
goals on key program components and best practices
3.6.b Annual DLI refresher course available
3.6 Job-embedded professional
development given regularly to all
adults providing instruction
3.7.a Professional development plans are based on data from all students
3.7.b Systems of cross-collaboration exist between general education and dual language
teachers on professional development
3.7 A view of all students’ needs
including those in a dual language
program when planning and
offering professional development
Established - 70%
Exceeds - 80%
Exemplary - 90%
Copyright © 2021. Texas Education Agency. All Rights Reserved.
49
4.1.a Clearly defined language, content, and sociocultural objectives that students
understand and reflect on at the end of the lesson and unit
4.1.b Effective instructional strategies that builds content understanding for rigorous
learning and include oracy strategies that build content background knowledge, higher
order questioning, hands-on activities, critical thinking, project-based learning &
scaffolding
4.1.c Grade level planning using formative biliterate assessments that evaluate the
effectiveness of the lesson’s language objective across all four language domains and
content understanding
4.1.e Formative assessment data is used to reflect, adjust, and differentiate instructional
policy to accelerate student learning
4.1.f Cooperative learning based on cognitive and linguistic skills and differentiated
strategies to maximize “on-grade level” learning, regardless of their level
Prioritized Lever #4:
Lesson Planning and
Methods
Essential Action: Objective-driven daily lesson plans with formative
biliterate assessments. Data-driven rigorous and scaffolded instruction.
Key DLI Program Practice
Success Criteria
4.1 Lesson plans include clear
objectives, a variety of formative
assessments, and rigorous
instructional strategies.
4.2.a Culturally and linguistically sustaining practices and resources include funds of
knowledge, high level expectations and goal setting that fosters critical consciousness
addressing issues of social inequities
4.2.b Communicate expectations for and monitor implementation of culturally and
linguistically sustaining practices
4.2.c Culturally and linguistically sustaining practices are included in daily lessons, across
content areas and grade levels
4.2 DLI program includes culturally
and linguistically sustaining
practices
Copyright © 2021. Texas Education Agency. All Rights Reserved.
50
4.3.a Explicit language strategies to support biliteracy development in listening, speaking,
reading and writing and incorporated in all content areas to build concepts and content-
based language
4.3.b Construct and monitor campus-wide initiatives that highlight the targeted and
strategic development of academic language based on grade level TEKS in both
languages
4.3.c Incorporate clear and consistent use of language and academic vocabulary and
intentionally plan for contrastive analysis facilitating students to make cross and
metalinguistic connections while remaining consistent in language of instruction
4.3.d Engage students in cross-language connections, such as identifying cognates and
non-cognates, analyzing pragmatics, syntax, phonology and spelling of the two program
languages.
4.3.e Incorporate authentic literacy practices in the partner language that respect the
structure of the language and is evident in majority of classrooms
4.3 Biliteracy instruction included in
all areas of instruction: content,
literacy, sociocultural and language
by building on authentic
connections and metalinguistic
analysis
4.4.a Lessons that include listening, speaking, reading and writing across subject areas to
support academic biliteracy development, conceptual understanding, and increased
reading & writing skills
4.4.b Integration of content, language (bilingualism) and literacy (biliteracy) TEKS in both
program languages of instruction
4.4.c Authentic literacy practices that accurately reflect the structure of the partner
language
4.4 DLI instruction is aligned to
content, language and literacy TEKS
and LPS in both languages.
4.5.a Use asset-based lessons that incorporate enrichment practices to provide
accelerated growth in biliteracy development and not remedial practices such as pullout
and RTI
4.5.b Heterogeneously groupings with high-quality classroom instruction including
differentiated instruction and strategies that support cross-linguistic connections
4.5.c Consistently monitor and support implementation of DLI instruction by providing
appropriate feedback & coaching for DLI teachers
4.5 DLI program promotes an asset-
based philosophy in planning and
instructional practices
Copyright © 2021. Texas Education Agency. All Rights Reserved.
51
4.6.a Maintain appropriate separation of languages and respect for language variation
4.6.b Follow language of instruction while allowing students to draw from their linguistic
repertoire to engage and process learning supporting academic, linguistic, and
sociocultural goals
4.6.c Establish and communicate a campus-wide language development and
assessment policy
4.6.d Critical analysis of the differential power and status of language varieties (e.g.
indigenous, colloquial)
4.6.f Establish and communicated district-wide language development and assessment
policy
4.6 DLI teachers engage students in
instruction that incorporates
appropriate separation of
languages to promote high levels of
language acquisition
4.7.a Differentiated grade level instruction for all students regardless of academic and
linguistic level that aligns methods and techniques to support diverse student learning
4.7.b Heterogeneously groupings with high-quality classroom instruction including
differentiated instruction and strategies that support cross-linguistic connections
4.7 DLI teachers implement
differentiated instruction
appropriately
Established - 70%
Exceeds - 80%
Exemplary - 90%
Copyright © 2021. Texas Education Agency. All Rights Reserved.
52
5.1.a Standards-based curriculum that supports biliteracy, diversity and sociocultural
values across content areas in both languages
5.1.b Authentic biliterate curriculum that targets the unique language systems that
support partner language and English literacy development
Prioritized Lever #5:
Curriculum and
Resources
Essential Action: Inclusive and collaborative development of assets-
based, culturally and linguistically sustaining practices, biliteracy
curriculum, assessments and resources aligned to DLI program goals.
Key DLI Program Practice
Success Criteria
5.1 DLI curriculum is research and
standard-based addressing the
goals of DLI
5.2.a Assets-based resources that are authentic, include culturally and linguistically
sustaining practices, address all learning modalities and available in both languages
5.2.b Quality primary biliterate resources in language of instruction(s) and supplemental
biliterate resources
asset-based biliterate resources
culturally and linguistically
ustaining ractices
addressing students’ prior
knowledge
a multilingual perspective
hands-on and authentic
activities
translanguaging development
5.2 DLI curriculum includes:
Copyright © 2021. Texas Education Agency. All Rights Reserved.
53
formative and summative authentic assessments in both languages
teacher and student assessment tools to assess the development of both languages
across subjects and grade levels
culturally and linguistically sustaining practices
performance-based assessment tools
5.3.a Observation tools to monitor student growth in language, literacy and content
knowledge in both languages
5.3.b Language of assessment is in the first language (L1) for reading and writing
campus and district assessments, if available
5.3.c DLI biliterate assessments include:
5.3.d Have systematized conversations with students to build awareness of their
metacognitive and metalinguistic strengths and develop student agency in goal setting
and monitoring growth in both languages
5.3.e Systems in place for data-driven assessments based on best practices for
emergent bilinguals by item and student level in both languages
include culturally and
linguistically sustaining practices
are in both languages or specific
to language of instruction
support student agency
include portfolios or other
student work
5.3 DLI biliterate curriculum and
resources ensure that campus and
district level assessments:
5.4.a Inclusive decisions and planning for DLI student support and success
5.4.b Systematized conversations with students to develop goal setting, monitoring
growth in both languages, and data-driven reflections to foster student ownership
5.4.c Campus and District Improvement Plans (CIP/DIP) include a continuous
improvement process used with students aligned to TEKS in both languages at all grade
levels
5.4 DLI program has continuous
improvement processes
Established - 70%
Exceeds - 80%
Exemplary - 90%
References
Copyright © 2021. Texas Education Agency. All Rights Reserved.
54
Texas Administrative Code (TAC) Chapter 89, Subchapter BB
§89.1203. Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context
clearly indicates otherwise.
(1)Bilingual education allotment--An adjusted basic funding allotment provided for each school district based on student
average daily attendance in a bilingual education or special language program in accordance with Texas Education
Code (TEC), §42.153.
§89.1201. Policy.
(a)It is the policy of the state that every student in the state who has a primary language other than English and who is
identified as an English learner shall be provided a full opportunity to participate in a bilingual education or English as a
second language (ESL) program, as required in the Texas Education Code (TEC),Chapter 29, Subchapter B. To ensure
equal educational opportunity, as required in the TEC,
§1.002(a), each school district shall:
(1)identify English learners based on criteria established by the state;
(2)provide bilingual education and ESL programs, as integral parts of the general program as described in the TEC,
§4.002;
(3)seek appropriately certified teaching personnel to ensure that English learners are afforded full opportunity to master
the essential knowledge and skills required by the state; and
(4)assess achievement for essential knowledge and skills in accordance with the TEC, Chapter 29, to ensure
accountability for English learners and the schools that serve them.
(c)The goal of ESL programs shall be to enable English learners to become competent in listening, speaking, reading, and
writing in the English language through the integrated use of second language acquisition methods. The ESL program
shall emphasize the mastery of English language skills, as well as mathematics,science, and social studies, as integral
parts of the academic goals for all students to enable English learners to participate equitably in school.
(d)Bilingual education and ESL programs shall be integral parts of the total school program. Such programs shall use
instructional approaches designed to meet the specific language needs of English learners. The basic curriculum content
of the programs shall be based on the Texas Essential Knowledge and Skills (TEKS)and the English Language Proficiency
Standards (ELPS) required by the state.
§89.1205. Required Bilingual Education and English as a Second Language Programs.
(a)Each school district that has an enrollment of 20 or more English learners in any language classification in the same
grade level district-wide shall offer a bilingual education program as described in subsection
(b) of this section for the English learners in prekindergarten through the elementary grades who speak that language.
"Elementary grades" shall include at least prekindergarten through Grade 5; sixth grade shall be included when clustered
with elementary grades.)A school district shall provide a bilingual education program by offering dual-language
instruction (English and primary language) in prekindergarten through the elementary grades, using one of the four
bilingual program models described in §89.1210 of this title (relating to Program Content and Design).
(c)All English learners for whom a school district is not required to offer a bilingual education program shall be provided
an ESL program as described in subsection (e) of this section, regardless of the students' grade levels and primary
language, and regardless of the number of such students, except in cases where a district exercises the option described
in subsection (g) of this section.
(d)A school district shall provide ESL instruction by offering an English as a second language program using one of
the two models described in §89.1210 of thistitle.
(e)School districts may join with other school districts to provide bilingual education or ESL programs.
In addition to the required bilingual and/or ESL programs, school districts are authorized to establish a bilingual
education program, even if they have an enrollment of fewer than 20 English learners in any language classification
in the same grade level district-wide and are not required to do so under subsection (a) of this section. Under this
authorization, school districts shall adhere to all program requirements as described in §89.1210 of this title (relating
to Program Content and Design), and §89.1227, §89.1228, and §89.1229 of this title (relating to Dual Language
Immersion program models only).
(g) In addition to the required bilingual and/or ESL programs, school districts are authorized to establish a bilingual
education program at grade levels in which the bilingual education program is not required under subsection (a) of
this section. Under this authorization, school districts shall adhere to all program requirements as described in
§89.1210 of this title (relating to Program Content and Design), and §89.1227, §89.1228, and §89.1229 of this title
(relating to Dual Language Immersion program models only).
§89.1207. Bilingual Education Exceptions and English as a Second Language Waivers.
(a) Bilingual education program.
(1) Exceptions. A school district that is unable to provide a bilingual education program as required by §89.1205(a)
of this title (relating to Required Bilingual Education and English as a Second Language Programs) because of an
insufficient number of certified teachers shall request from the commissioner of education an exception to the
bilingual education program and the approval of an alternative program. The approval of an exception to the
bilingual education program shall be valid only during the school year for which it was granted. A request for a
bilingual education program exception must be submitted by November 1 and shall include:
(A) a statement of the reasons the school district is unable to provide a sufficient number of certified teachers to
offer the bilingual education program, with supporting documentation;
(B) a description of the alternative instructional program and methods to meet the affective, linguistic, and cognitive
needs of the English learners, including the manner through which the students will be given opportunity to master
the essential knowledge and skills required by Chapter 74 of this title (relating to Curriculum Requirements) to
include foundation and enrichment areas, English Language Proficiency Standards (ELPS), and College and Career
Readiness Standards (CCRS);
(C) an assurance that certified teachers available in the school district will be assigned to grade levels beginning at
prekindergarten followed successively by subsequent grade levels to ensure that the linguistic and academic needs
of the English learners with beginning levels of English proficiency are served on a priority basis;
(D) an assurance that the school district will implement a comprehensive professional development plan, which
meets the following criteria: (i) is ongoing and targets the development of the knowledge, skills, and competencies
needed to serve the needs of English learners; (ii) includes the non-certified teachers that are assigned to
implement the proposed alternative program; and (iii) may include additional teachers who work with English
learners;
(E) an assurance that at least 10% of the bilingual education allotment shall be used to fund the comprehensive
professional development plan required under §89.1207(a)(1)(D) of this title;
(F) an assurance that the school district will take actions to ensure that the program required under §89.1205(a) of
this title will be provided the subsequent year, including its plans for recruiting an adequate number of certified
teachers to eliminate the need for subsequent exceptions and measurable targets for the subsequent year and
(G) an assurance that the school district shall satisfy the additional reporting requirements as per §89.1265(c)
(Evaluation).
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(2) A school district submitting a bilingual education exception shall maintain written records of all documents
supporting the submission and assurances listed in sub-section (1) of this section, including:
(A) a description of the proposed alternative instructional program designed to meet the affective, linguistic, and
cognitive needs of the English learners;
(B) the number of teachers for whom a bilingual education exception is needed, by grade level, and per campus;
(C) a copy of the school district’s comprehensive professional development plan;
(D)a copy of the bilingual allotment budget documenting that a minimum of 10% of the funds were used to fund the
comprehensive professional development plan;
(3)Approval of exceptions. Bilingual education program exceptions will be granted by the commissioner if the
requesting school district:
(A)meets or exceeds the state average for English learner performance on the required state assessments; or
(B)meets the requirements and measurable targets of the action plan described in paragraph (1) (F) of this
subsection submitted the previous year and approved by the Texas Education Agency (TEA); or
(C)reduces by 25% the number of teachers under exception for bilingual programs when compared to the number of
exceptions granted the previous year.
(4)Denial of exceptions. A school district denied a bilingual education program exception must submit to the
commissioner a detailed action plan for complying with required regulations for the following school year.
(5)Appeals. A school district denied a bilingual education program exception may appeal to the commissioner or the
commissioner's designee. The Decision of the commissioner or commissioner's designee is final and may not be
appealed further.
(6)Special accreditation investigation. The commissioner may authorize a special accreditation investigation under
the Texas Education Code (TEC),§39.057, if a school district is denied a bilingual education program exception for
more than three consecutive years.
(7)Sanctions. Based on the results of a special accreditation investigation, the commissioner may take appropriate
action under the TEC, §39.102.
ESL certified.)
§89.1210. Program Content and Design.
(a)Each school district required to offer a bilingual education or English as a second language (ESL) program shall
provide each English learner the opportunity to be enrolled in the required program at his or her grade level. Each
student's level of proficiency shall be designated by the language proficiency assessment committee in accordance
with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee). The school district shall
accommodate the instruction, pacing, and materials to ensure that English learners have a full opportunity to master
the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills
(TEKS) and English Language Proficiency Standards (ELPS). Students participating in the bilingual education program
may demonstrate their mastery of the essential knowledge and skills in either their primary language or in English for
each content area.
(1)A bilingual education program established by a school district shall be a full-time program of dual-language
instruction (English and primary language)that provides for learning basic skills in the primary language of the
students enrolled in the program and for carefully structured and sequenced mastery of English language skills under
Texas Education Code (TEC), §29.055(a).
(2)A program of instruction in English as a second language established by a school district shall be a program of
intensive instruction in English in which teachers recognize and address language differences per TEC, §29.055(a).
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(b)The bilingual education program and ESL programs shall be an integral part of the general educational
program required under Chapter 74 of this title (relating toCurriculum Requirements) to include foundation and
enrichment areas, ELPS, and CCRS. In bilingual education programs, school districts shall purchase instructional
materials in both program languages with the district’s instructional materials allotment or otherwise acquire
instructional materials for use in bilingual education classes per TEC §31.029(a). Instructional materials for bilingual
education programs on the list adopted by the commissioner, as provided by TEC §31.0231, may be used as
curriculum tools to enhance the learning process. The school district shall provide for ongoing coordination
between the bilingual/ESL program and the general educational program. The bilingual education and ESL
programs shall address the affective, linguistic, and cognitive needs of English learners as follows.
(1) Affective.
(a) English learners in a bilingual program shall be provided instruction using second language acquisition
methods in their primary language to introduce basic concepts of the school environment, and content instruction
both in their primary language and in English, which instills confidence, self-assurance, and a positive identity with
their cultural heritages. The program shall be designed to consider the students’ learning experiences and shall
incorporate the cultural aspects of the students’ backgrounds TEC, §29.055(b).
(b) English learners in an ESL program shall be provided instruction using second language acquisition methods in
English to introduce basic concepts of the school environment, which instills confidence, self-assurance, and a
positive identity with their cultural heritages. The program shall be designed to incorporate the students’ primary
languages and learning experiences and shall incorporate the cultural aspects of the students’ backgrounds TEC,
§29.055(b).
(2) Linguistic.
(a) English learners in a bilingual program shall be provided intensive instruction in the skills of listening, speaking,
reading, and writing both in their primary language and in English, provided through the ELPS. The instruction in both
languages shall be structured to ensure that the students master the required essential knowledge and skills and
higher-order thinking skills in all subjects.
(b) English learners in an ESL program shall be provided intensive instruction to develop proficiency in listening,
speaking, reading, and writing in the English language, provided through the ELPS. The instruction in academic
content areas shall be structured to ensure that the students master the required essential knowledge and skills
and higher-order thinking skills in all subjects.
(3) Cognitive.
(a) English learners in a bilingual program shall be provided instruction in language arts, mathematics, science,
and social studies both in their primary language and in English, using second language acquisition methods in
either their primary language, in English, or in both, depending on the specific program model(s) implemented by
the district. The content area instruction in both languages shall be structured to ensure that the students master
the required essential knowledge and skills and higher-order thinking skills in all subjects.
(b) English learners in an ESL program shall be provided instruction in English in language arts, mathematics,
science, and social studies using second language acquisition methods. The instruction in academic content
areas shall be structured to ensure that the students master the required essential knowledge and skills and
higher-order thinking skills.
(c) The bilingual education program shall be implemented through at least one of the following program models.
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(1) Transitional bilingual/early exit is a bilingual program model in which students identified as English learners are
served in both English and another language and are prepared to meet reclassification criteria to be successful in
English-only instruction not earlier than two or later than five years after the student enrolls in school. Instruction in
this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1), for
the assigned grade level and content area. The goal of early-exit transitional bilingual education is for program
participants to use their primary language as a resource while acquiring full proficiency in English. This model
provides instruction in literacy and academic content through the medium of the students' primary language
along with instruction in English that targets second language development through academic content.
(2) Transitional bilingual/late exit is a bilingual program model in which students identified as English learners are
served in both English and another language and are prepared to meet reclassification criteria to be successful in
English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction in
this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for
the assigned grade level and content area. The goal of late-exit transitional bilingual education is for program
participants to use their primary language as a resource while acquiring full proficiency in English. This model
provides instruction in literacy and academic content through the medium of the students' primary language
along with instruction in English that targets second language development through academic content.
(3) Dual language immersion/one-way is a bilingual/biliteracy program model in which students identified as
English learners are served in both English and another language and are prepared to meet reclassification criteria
in order to be successful in English-only instruction not earlier than six or later than seven years after the student
enrolls in school. Instruction provided in a language other than English in this program model is delivered by a
teacher appropriately certified in bilingual education under TEC, §29.061. Instruction provided in English in this
program model may be delivered either by a teacher appropriately certified in bilingual education or by a different
teacher certified in ESL in accordance with TEC, §29.061. The goal of one-way dual language immersion is for
program participants to attain full proficiency in another language as well as English. This model provides ongoing
instruction in literacy and academic content in the students' primary language as well as English, with at least half
of the instruction delivered in the students' primary language for the duration of the program.
(4) Dual language immersion/two-way is a bilingual/biliteracy program model in which students identified as
English learners are integrated with students proficient in English and are served in both English and another
language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not
earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other
than English in this program model is delivered by a teacher appropriately certified in bilingual education under
TEC, §29.061, for the assigned grade level and content area. Instruction provided in English in this program model
may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher
certified in ESL in accordance with TEC, §29.061, for the assigned grade level and content area. The goal of two-way
dual language immersion is for program participants to attain full proficiency in another language as well as
English. This model provides ongoing instruction in literacy and academic content in English and another language
with at least half of the instruction delivered in the non-English program language for the duration of the program.
(e) Except in the courses specified in subsection (f) of this section, second language acquisition methods, which
may involve the use of the students' primary language, may be provided in any of the courses or electives required
for promotion or graduation to assist the English learners to master the essential knowledge and skills for the
required subject(s). The use of second language acquisition methods shall not impede the awarding of credit
toward meeting promotion or graduation requirements.
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(f) In subjects such as art, music, and physical education, English learners shall participate with their English-
speaking peers in general education classes provided in the subjects. As noted in TEC, §29.055(d), elective
courses included in the curriculum may be taught in a language other than English. The school district shall ensure
that students enrolled in bilingual education and ESL programs have a meaningful opportunity to participate with
other students in all extracurricular activities.
§89.1220. Language Proficiency Assessment Committee.
(a) School districts shall by local board policy establish and operate a language proficiency assessment
committee. The school district shall have on file policy and procedures for the selection, appointment, and training
of members of the language proficiency assessment committee(s).
(b) The language proficiency assessment committee shall include a certified bilingual educator (for students
served through a bilingual education program), a certified English as a second language (ESL) educator (for
students served through an ESL program), a parent of an English learner participating in a bilingual or ESL program,
and a campus administrator in accordance with Texas Education Code (TEC), §29.063.
(c) In addition to the three required members of the language proficiency assessment committee, the school
district may add other trained members to the committee.
(d) No parent serving on the language proficiency assessment committee shall be an employee of the school
district.
(e) A school district shall establish and operate a sufficient number of language proficiency assessment
committees to enable them to discharge their duties within four weeks of the enrollment of English learners.
(f) All members of the language proficiency assessment committee, including parents, shall be acting for the
school district and shall observe all laws and rules governing confidentiality of information concerning individual
students. The school district shall be responsible for the orientation and training of all members, including the
parents, of the language proficiency assessment committee.
(g) Upon their initial enrollment and at the end of each school year, the language proficiency assessment
committee shall review all pertinent information on all English learners identified in accordance with
§89.1226 of this title (relating to Testing and Classification of Students) and shall:
(1) designate the language proficiency level of each English learner in accordance with the guidelines issued
pursuant to §89.1226(b)-(f) of this title;
(2) designate the level of academic achievement of each English learner;
(3) designate, subject to parental approval, the initial instructional placement of each English learner in the
required program;
(4) facilitate the participation of English learners in other special programs for which they are eligible while
ensuring full access to the language program services required under the TEC, §29.053; and
(5) reclassify students, at the end of the school year only, as English proficient in accordance with the criteria
described in §89.1226(i) of this title
(h)The language proficiency assessment committee shall give written notice to the student's parent or guardian,
advising that the student has been classified as an English learner and requesting approval to place the student in
the required bilingual education or ESL program not later than the 10th calendar day after the date of the student's
classification in accordance with TEC, §29.056. The notice shall include information about the benefits of the
bilingual education or ESL program for which the student has been recommended and that it is an integral part of
the school program.
(i)Before the administration of the state criterion-referenced test each year, the language proficiency assessment
committee shall determine the appropriate assessment option for each English learner as outlined in Chapter 101,
Subchapter AA, of this title (relating to Commissioner's Rules Concerning the Participation of English Language
Learners in State Assessments).
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(j)Pending parent approval of an English learner's entry into the bilingual education or ESL program recommended by
the language proficiency assessment committee, the school district shall place the student in the recommended
program. Only English learners with parent approval who are receiving services will be included in the bilingual
education allotment.
(k)The language proficiency assessment committee shall monitor the academic progress of each student who has
met criteria for exit in accordance with TEC, §29.056(g), for the first two years after reclassification. If the student earns
a failing grade in a subject in the foundation curriculum under TEC, §28.002(a)(1), during any grading period in the
first two school years after the student is reclassified, the language proficiency assessment committee shall
determine, based on the student's second language acquisition needs, whether the student may require intensive
instruction or should be re enrolled in a bilingual education or special language program. In accordance with TEC,
§29.0561, the language proficiency assessment committee shall review the student's performance and consider:
(1) the total amount of time the student was enrolled in a bilingual education or special language program;
(2) the student's grades each grading period in each subject in the foundation curriculum under TEC, §28.002(a)(1);
(3) the student's performance on each assessment instrument administered under TEC, §39.023(a) or (c);
(4) the number of credits the student has earned toward high school graduation, if applicable; and
(5) any disciplinary actions taken against the student under TEC, Chapter 37, Subchapter A (Alternative Settings for
Behavior Management).
(l)The student's permanent record shall contain documentation of all actions impacting the English learner.
(1) Documentation shall include:
(A)the identification of the student as an English learner;
(B)the designation of the student's level of language proficiency;
(C)the recommendation of program placement;
(D)parental approval of entry or placement into the program;
(E)the dates of entry into, and placement within, the program;
(F)assessment information as outlined in Chapter 101, Subchapter AA, of this title;
(G)additional instructional interventions provided to address the specific language needs of the student;
(H)the date of exit from the program and parental approval;
(I)the results of monitoring for academic success, including students formerly classified as English learners, as
required under the TEC, §29.063(c)(4); and
(J)the home language survey.
(2) Current documentation as described in paragraph (1) of this subsection shall be forwarded in the same manner
as other student records to another school district in which the student enrolls.
§89.1226. Testing and Classification of Students.
(a) Beginning with school year 2019-2020, the provisions of this subsection supersede the provisions in §89.1225 of this
title (relating to Testing and Classification of Students).
(b) Within four weeks of initial enrollment in a Texas school, a student with a language other than English indicated on
the home language survey shall be administered the state-approved English language proficiency test for
identification as described in subsection (c) of this section and shall be identified as English learners and placed into
the required bilingual education or ESL program in accordance with the criteria listed in subsection (f) of this section.
(c) For identifying English learners, school 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, the listening and speaking components of the state-approved English
language proficiency test for identification; and
(2) in Grades 2-12, the listening, speaking, reading, and writing components of the state-approved English language
proficiency test for identification.
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(d) School districts that provide a bilingual education program at the elementary grades shall administer a
language proficiency test in the primary language of the student who is eligible to be served in the bilingual
education program. If the primary language of the student is Spanish, the school district shall administer the
Spanish version of the state-approved language proficiency test for identification. If a state-approved language
proficiency test for identification is not available in the primary language of the student, the school district shall
determine the student's level of proficiency using informal oral language assessment measures.
(e) All of the language proficiency testing shall be administered by professionals or paraprofessionals who are
proficient in the language of the test and trained in the language proficiency testing requirements of the test
publisher.
(f) For entry into a bilingual education or ESL program, a student shall be identified as an English learner using the
following criteria.
(1) In prekindergarten through Grade 1, the student's score from the listening and speaking components on the
state-approved English language proficiency test for identification is below the level designated for indicating
English proficiency.
(2) In Grades 2-12, the student's score from the listening, speaking, reading, and writing components on the state-
approved English language proficiency test for identification is below the level designated for indicating English
proficiency.
(g) A student shall be identified as an English learner if the student's ability in English is so limited that the English
language proficiency assessment described in subsection (c) of this section cannot be administered.
(h) The language proficiency assessment committee in conjunction with the admission, review, and dismissal
(ARD) committee shall identify a student as an English learner if the student's ability in English is so limited or the
student's disabilities are so severe that the English language proficiency assessment described in subsection (c)
of this section cannot be administered. The decision for entry into a bilingual education or ESL program shall be
determined by the language proficiency assessment committee in conjunction with the ARD committee in
accordance with §89.1220(f) of this title (relating to Language Proficiency Assessment Committee).
(i) For exit from a bilingual education or ESL program, a student may be classified as English proficient only at the
end of the school year in which a student would be able to participate equally in a general education, all-English
instructional program. This determination shall be based upon all of the following:
(1) a proficiency rating on the state-approved English language proficiency test for exit that is designated for
indicating English proficiency in each the four language domains (listening, speaking, reading, and writing);
(2) passing standard met on the reading assessment instrument under the Texas Education Code (TEC),
§39.023(a), or, for students at grade levels not assessed by the aforementioned reading assessment instrument, a
score at or above the 40th percentile on both the English reading and the English language arts sections of the
state-approved norm-referenced standardized achievement instrument; and
(3) the results of a subjective teacher evaluation using the state's standardized rubric.
(j) A student may not be exited from the bilingual education or ESL program in prekindergarten or kindergarten. A
school district must ensure that English learners are prepared to meet academic standards required by the TEC,
§28.0211.
(k) A student may not be exited from the bilingual education or ESL program if the language proficiency
assessment committee has recommended designated supports or accommodations on the state reading
assessment instrument.
(l) For English learners who are also eligible for special education services, the standardized process for English
learner program exit is followed in accordance with applicable provisions of subsection (i) of this section. However,
annual meetings to review student progress and make recommendations for program exit must be made in all
instances by the language proficiency assessment committee in conjunction with the ARD committee in
accordance with §89.1230(b) of this title (relating to Eligible Students with Disabilities). Additionally, the language
proficiency committee in conjunction with the ARD committee shall implement assessment procedures that
differentiate between language proficiency and disabling conditions in accordance with §89.1230(a) of this title.
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(m) For an English learner with significant cognitive disabilities, the language proficiency assessment committee in
conjunction with the ARD committee may determine that the state's English language proficiency assessment for
exit is not appropriate because of the nature of the student's disabling condition. In these cases, the language
proficiency assessment committee in conjunction with the ARD committee may recommend that the student take
the state's alternate English language proficiency assessment and shall determine an appropriate performance
standard requirement for exit by language domain under subsection (i)(1) of this section;
(n) Notwithstanding §101.101 of this title (relating to Group-Administered Tests), all tests used for the purpose of
identification, exit, and placement of students and approved by the TEA must be re-normed at least every eight
years.
§89.1227. Minimum Requirements for Dual Language Immersion Program Model.
(a) A dual language immersion program model shall address all curriculum requirements specified in Chapter 74,
Subchapter A, of this title (relating to Required Curriculum) to include foundation and enrichment areas, English
language proficiency standards, and college and career readiness standards.
(b) A dual language immersion program model shall be a full-time program of academic instruction in English
and another language.
(c) A dual language immersion program model shall provide equitable resources in English and the additional
program language whenever possible.
(d) A minimum of 50% of instructional time shall be provided in the language other than English for the duration of
the program.
(e) Implementation shall:
(1) begin at prekindergarten or kindergarten, as applicable;
(2) continue without interruption incrementally through the elementary grades; and
(3) consider expansion to middle school and high school whenever possible.
(f) A dual language immersion program model shall be developmentally appropriate and based on current best
practices identified in research.
§89.1228. Two-Way Dual Language Immersion Program Model Implementation.
(a) Student enrollment in a two-way dual language immersion program model is optional for English proficient
students in accordance with §89.1233(a) of this title (relating to Participation of English Proficient Students).
(b) A two-way dual language immersion program model shall fully disclose candidate selection criteria and
ensure that access to the program is not based on race, creed, color, religious affiliation, age, or disability.
(c) A school district implementing a two-way dual language immersion program model shall develop a policy on
enrollment and continuation for students in this program model. The policy shall address:
(1) eligibility criteria;
(2) program purpose;
(3) the district's commitment to providing equitable access to services for English learners;
(4) grade levels in which the program will be implemented;
(5) support of program goals as stated in §89.1210 of this title (relating to Program Content and Design); and
(6) expectations for students and parents.
(d) A school district implementing a two-way program model shall obtain written parental approval as follows.
(1) For English learners, written parental approval is obtained in accordance with §89.1240 of this title (relating to
Parental Authority and Responsibility).
(2) For English proficient students, written parental approval is obtained through a school district-developed
process.
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§89.1229. General Standards for Recognition of Dual Language Immersion Program Models.
(a) School recognition. A school district may recognize one or more of its schools that implement an exceptional dual
language immersion program model if the school meets all of the following criteria.
(1) The school must meet the minimum requirements stated in §89.1227 of this title (relating to Minimum Requirements
for Dual Language Immersion Program Model).
(2) The school must receive an acceptable performance rating in the state accountability system.
(3) The school must not be identified for any stage of intervention for the district's bilingual and/or English as a
second language program under the performance-based monitoring system.
(b) Student recognition. A student participating in a dual language immersion program model or any other state-
approved bilingual or ESL program model may be recognized by the program and its local school district board of
trustees by earning a performance acknowledgment in accordance with §74.14 of this title (relating to Performance
Acknowledgments).
§89.1230. Eligible Students with Disabilities.
(a) School districts shall implement assessment procedures that differentiate between language proficiency and
disabling conditions in accordance with Subchapter AA of this chapter (relating to Commissioner's Rules Concerning
Special Education Services) and shall establish placement procedures that ensure that placement in a bilingual
education or English as a second language program is not refused solely because the student has a disability.
(b) Language proficiency assessment committee members shall meet in conjunction with admission, review, and
dismissal committee members to review and provide recommendations with regard to the educational needs of each
English learner who qualifies for services in the special education program.
§89.1233. Participation of English Proficient Students.
a. (a) School districts shall fulfill their obligation to provide required bilingual program services to English learners in
accordance with Texas Education Code (TEC), §29.053.
b. (b) School districts may enroll students who are not English learners in the bilingual education program or the
English as a second language program in accordance with TEC, §29.058.
c. (c) The number of participating students who are not English learners shall not exceed 40% of the number of
students enrolled in the program district-wide in accordance with TEC, §29.058.
§89.1235. Facilities.
Bilingual education and English as a second language (ESL) programs shall be located in the public schools of the
school district with equitable access to all educational resources rather than in separate facilities. In order to provide
the required bilingual education or ESL programs, school districts may concentrate the programs at a limited number
of facilities within the school district. Recent immigrant English learners shall be enrolled in newcomer centers for no
more than two years.
§89.1240. Parental Authority and Responsibility.
(a) The parent or legal guardian shall be notified in English and the parent or legal guardian's primary language that
their child has been classified as an English learner and recommended for placement in the required bilingual
education or English as a second language (ESL) program. They shall be provided information describing the bilingual
education or ESL program recommended, its benefits to the student, and its being an integral part of the school
program to ensure that the parent or legal guardian understands the purposes and content of the program. The entry
or placement of a student in the bilingual education or ESL program must be approved in writing by the student's
parent or legal guardian in order to have the student included in the bilingual education allotment. The parent's or
legal guardian's approval shall be considered valid for the student's continued participation in the required bilingual
education or ESL program until the student meets the reclassification criteria described in §89.1226(i) of this title
(relating to Testing and Classification of Students), the student graduates from high school, or a change occurs in
program placement.
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(b) The school district shall give written notification to the student's parent or legal guardian of the student's
reclassification as English proficient and his or her exit from the bilingual education or ESL program and acquire written
approval as required under the Texas Education Code, §29.056(a). Students meeting exit requirements may continue
in the bilingual education or ESL program with parental approval but are not eligible for inclusion in the bilingual
education allotment.
(c) The parent or legal guardian of a student enrolled in a school district that is required to offer bilingual education or
ESL programs may appeal to the commissioner of education if the school district fails to comply with the law or the
rules. Appeals shall be filed in accordance with Chapter 157 of this title (relating to Hearings and Appeals).
§89.1245. Staffing and Staff Development.
(a) School districts shall take all reasonable affirmative steps to assign appropriately certified teachers to the required
bilingual education and English as a second language (ESL) programs in accordance with the Texas Education Code
(TEC), §29.061, concerning bilingual education and special language program teachers. School districts that are
unable to secure a sufficient number of appropriately certified bilingual education and/or ESL teachers to provide the
required programs shall request activation of the appropriate permits in accordance with Chapter 230 of this title
(relating to Professional Educator Preparation and Certification).
(b) School districts that are unable to employ a sufficient number of teachers, including part-time teachers, who meet
the requirements of subsection (a) of this section for the bilingual education and ESL programs shall apply on or
before November 1 for an exception to the bilingual education program as provided in §89.1207(a) of this title (relating
to Bilingual Education Exceptions and English as a Second Language Waivers) or a waiver of the certification
requirements in the ESL program as provided in §89.1207(b) of this title as needed.
(c) Teachers assigned to the bilingual education program and/or ESL program may receive salary supplements as
authorized by the TEC, §42.153.
(d) School districts may compensate teachers and aides assigned to bilingual education and ESL programs for
participation in professional development designed to increase their skills or lead to bilingual education or ESL
certification.
(e) The commissioner of education shall encourage school districts to cooperate with colleges and universities to
provide training for teachers assigned to the bilingual education and/or ESL programs.
(f)The Texas Education Agency shall develop, in collaboration with education service centers, resources for
implementing bilingual education and ESL training programs. The materials shall provide a framework for:
(1)developmentally appropriate bilingual education programs for early childhood through the elementary grades;
(2)affectively, linguistically, and cognitively appropriate instruction in bilingual education and
ESL programs in accordance with §89.1210(b)(1)-(3) of this title (relating to Program Content and Design); and
(3)developmentally appropriate programs for English learners identified as gifted and talented and English learners
with disabilities.
§89.1250. Required Summer School Programs.
Summer school programs that are provided under the Texas Education Code (TEC), §29.060, for English learners who
will be eligible for admission to kindergarten or grade 1 at the beginning of the next school year shall be implemented
in accordance with this section.
(1)Purpose of summer school programs.
(A)English learners shall have an opportunity to receive special instruction designed to prepare them to be successful
in kindergarten and Grade 1.
(B)Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the
student.
(C)The program shall address the affective, linguistic, and cognitive needs of the English learners in accordance with
§89.1210(b) of this title (relating to program Content and Design).
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(2)Establishment of, and eligibility for, the program.
(A)Each school district required to offer a bilingual or English as a second language (ESL) program in accordance
with the TEC, §29.053, shall offer the summer program.
(B)To be eligible for enrollment:
(i)a student must be eligible for admission to kindergarten or to Grade 1 at the beginning of the next school year
and must be an English learner; and
(ii)a parent or guardian must have approved placement of the English learner in the required bilingual or ESL
program following the procedures described in §89.1220(g) of this title (relating to Language Proficiency
Assessment Committee) and §89.1226(b)-(f) of this title (relating to Testing and classification of Students).
(3)Operation of the program.
(A)Enrollment is optional.
(B)The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks
or the equivalent of 120 hours of instruction.
(C)The student/teacher ratio for the program district-wide shall not exceed 18 to one.
(D)A school district is not required to provide transportation for the summer program.
(E)Teachers shall possess certification as required in the TEC, §29.061, and §89.1245 of this title (relating to Staffing
and Staff Development).
(F)Reporting of student progress shall be determined by the board of trustees. A summary of student progress
shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's
teacher at the beginning of the next regular school term.
(G)A school district may join with other school districts in cooperative efforts to plan and implement programs.
(H)The summer school program shall not substitute for any other program required to be provided during the
regular school term, including those required in the TEC, §29.153.
(4)Funding and records for programs.
(A)A school district shall use state and local funds for program purposes.
(i)Available funds appropriated by the legislature for the support of summer school programs provided under the
TEC, §29.060, shall be allocated to school districts in accordance with this subsection.
(ii)Funding for the summer school program shall be on a unit basis in such an allocation system to ensure a
pupil/teacher ratio of not more than 18 to one. The numbers of students required to earn units shall be established
by the commissioner. The allotment per unit shall be determined by the commissioner based on funds available.
(iii)Any school district required to offer the program under paragraph (2)(A) of this subsection that has fewer
than 10 students district-wide desiring to participate is not required to operate the program. However, those school
districts must document that they have encouraged students' participation in multiple ways.
(iv)Payment to school districts for summer school programs shall be based on units employed. This information
must be submitted in a manner and according to a schedule established by the commissioner in order for a
school district to be eligible for funding.
(B)A school district shall maintain records of eligibility, attendance, and progress of students.
§89.1265. Evaluation.
(a)All school districts required to conduct a bilingual education or English as a second language (ESL) program
shall conduct an annual evaluation in accordance with Texas Education Code (TEC), §29.053, collecting a full
range of data to determine program effectiveness to ensure student academic success. The annual evaluation
report shall be presented to the board of trustees before November 1 of each year and the report shall be retained
at the school district level in accordance with TEC, §29.062.
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(b)Annual school district reports of educational performance shall reflect:
(1)the academic progress in the language(s) of instruction for English learners;
(2)the extent to which English learners are becoming proficient in English;
(3)the number of students who have been exited from the bilingual education and ESL programs; and
(4)the number of teachers and aides trained and the frequency, scope, and results of the professional development
in approaches and strategies that support second language acquisition.
(c)In addition, for those school districts that filed in the previous year and/or will be filing a bilingual education
exception and/or ESL waiver in the current year,the annual district report of educational performance shall also reflect:
(1)the number of teachers for whom an exception or waiver was/is being filed;
(2)the number of teachers for whom an exception or waiver was filed in the previous year who successfully obtained
certification; and
(3)the frequency and scope of a comprehensive professional development plan, implemented as required under
§89.1207 of this title (relating toBilingual Education Exceptions and English as a Second Language Waivers), and results
of such plan if an exception and/or waiver was filed in the previous school year.
(d)School districts shall report to parents the progress of their child in acquiring English as a result of participation in
the program offered to English learners.
(e)Each school year, the principal of each school campus, with the assistance of the campus level committee, shall
develop, review, and revise the campus improvement plan described in the TEC, §11.253, for the purpose of improving
student performance for English learners.
Sec. 28.0051. DUAL LANGUAGE IMMERSION PROGRAM.
(a) A dual language immersion program should be designed to produce students with a demonstrated mastery, in
both English and one other language, of the required curriculum under Section 28.002(a).
(b) The commissioner by rule shall adopt:
(1) minimum requirements for a dual language immersion program implemented by a school district;
(2) standards for evaluating: the success of a dual language immersion program; and the performance of schools
that implement a dual language immersion program; and
(3) standards for recognizing:
(A) schools that offer an exceptional dual language immersion program; and
(B) students who successfully complete a dual language immersion program.
(C) A school district may implement a dual language immersion program in a manner and at elementary grade
levels consistent with rules adopted by the commissioner under this section.
Added by Acts 2001, 77th Leg., ch. 925, § 2, eff. June 14, 2001.
Sec. 29.061. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM TEACHERS.
(a) The State Board for Educator Certification shall provide for the issuance of teaching certificates appropriate for
bilingual education instruction to teachers who possess a speaking, reading, and writing ability in a language other
than English in which bilingual education programs are offered and who meet the general requirements of Chapter 21.
The board shall also provide for the issuance of teaching certificates appropriate for teaching English as a second
language. The board may issue emergency endorsements in bilingual education and in teaching English as a second
language.
(b) A teacher assigned to a bilingual education program using one of the following program models must be
appropriately certified for bilingual education by the board:
(1) transitional bilingual/early exit program model; or
(2) transitional bilingual/late exit program model.
(b-1) A teacher assigned to a bilingual education program using a dual language immersion/one-way or two-way
program model must be appropriately certified by the board for:
(1) bilingual education for the component of the program provided in a language other than English; and
(2) bilingual education or English as a second language for the component of the program provided in English.
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(b-2) A school district that provides a bilingual education program using a dual language immersion/one-way or
two-way program model may assign a teacher certified under Subsection (b-1)(1) for the language other than
English component of the program and a different teacher certified under Subsection (b-1)(2) for the English
language component.
(c) A teacher assigned to an English as a second language program must be appropriately certified for English as a
second language by the board.
(d) A school district may compensate a bilingual education or special language teacher for participating in a
continuing education program that is in addition to the teacher's regular contract. The continuing education program
must be designed to provide advanced bilingual education or special language program endorsement or skills.
(e) The State Board for Educator Certification and the Texas Higher Education Coordinating Board shall develop a
comprehensive plan for meeting the teacher supply needs created by the programs outlined in this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 453 (H.B.
218), Sec. 1, eff. June 15, 2015.
Texas Administrative Code (TAC) §74.4. English Language Proficiency Standards
(a) Introduction.
(1) The English language proficiency standards in this section outline English language proficiency level descriptors
and student expectations for English language learners (ELLs). School districts shall implement this section as an
integral part of each subject in the required curriculum. The English language proficiency standards are to be
published along with the Texas Essential Knowledge and Skills (TEKS) for each subject in the required curriculum.
(2) In order for ELLs to be successful, they must acquire both social and academic language proficiency in English.
Social language proficiency in English consists of the English needed for daily social interactions. Academic language
proficiency consists of the English needed to think critically, understand and learn new concepts, process complex
academic material, and interact and communicate in English academic settings.
(3) Classroom instruction that effectively integrates second language acquisition with quality content area instruction
ensures that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills in the
TEKS, and reach their full academic potential.
(4) Effective instruction in second language acquisition involves giving ELLs opportunities to listen, speak, read, and
write at their current levels of English development while gradually increasing the linguistic complexity of the English
they read and hear, and are expected to speak and write.
(5) The cross-curricular second language acquisition skills in subsection (c) of this section apply to ELLs in
Kindergarten-Grade 12.
(6) The English language proficiency levels of beginning, intermediate, advanced, and advanced high are not grade-
specific. ELLs may exhibit different proficiency levels within the language domains of listening, speaking, reading, and
writing. The proficiency level descriptors outlined in subsection (d) of this section show the progression of second
language acquisition from one proficiency level to the next and serve as a road map to help content area teachers
instruct ELLs commensurate with students' linguistic needs.
(b) School district responsibilities. In fulfilling the requirements of this section, school districts shall:
(1) identify the student's English language proficiency levels in the domains of listening, speaking, reading, and writing
in accordance with the proficiency level descriptors for the beginning, intermediate, advanced, and advanced high
levels delineated in subsection (d) of this section;
(2) provide instruction in the knowledge and skills of the foundation and enrichment curriculum in a manner that is
linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's levels of
English language proficiency to ensure that the student learns the knowledge and skills in the required curriculum;
(3) provide content-based instruction including the cross-curricular second language acquisition essential
knowledge and skills in subsection (c) of this section in a manner that is linguistically accommodated to help the
student acquire English language proficiency; and
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(4) provide intensive and ongoing foundational second language acquisition instruction to ELLs in Grade 3 or
higher who are at the beginning or intermediate level of English language proficiency in listening, speaking, reading,
and/or writing as determined by the state's English language proficiency assessment system. These ELLs require
focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of
English language vocabulary, grammar, syntax, and English mechanics necessary to support content-based
instruction and accelerated learning of English.
(c) Cross-curricular second language acquisition essential knowledge and skills.
(1) Cross-curricular second language acquisition/learning strategies. The ELL uses language learning strategies to
develop an awareness of his or her own learning processes in all content areas. In order for the ELL to meet grade-
level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English
must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the
student's level of English language proficiency.
(2) Cross-curricular second language acquisition/listening. The ELL listens to a variety of speakers including
teachers, peers, and electronic media to gain an increasing level of comprehension of newly acquired language in
all content areas. ELLs may be at the beginning, intermediate, advanced, or advanced high stage of English
language acquisition in listening. In order for the ELL to meet grade-level learning expectations across the
foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated
(communicated, sequenced, and scaffolded) commensurate with the student's level of English language
proficiency.
(3) Cross-curricular second language acquisition/speaking. The ELL speaks in a variety of modes for a variety of
purposes with an awareness of different language registers (formal/informal) using vocabulary with increasing
fluency and accuracy in language arts and all content areas. ELLs may be at the beginning, intermediate,
advanced, or advanced high stage of English language acquisition in speaking. In order for the ELL to meet grade-
level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English
must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the
student's level of English language proficiency.
(4) Cross-curricular second language acquisition/reading. The ELL reads a variety of texts for a variety of
purposes with an increasing level of comprehension in all content areas. ELLs may be at the beginning,
intermediate, advanced, or advanced high stage of English language acquisition in reading. In order for the ELL to
meet grade-level learning expectations across the foundation and enrichment curriculum, all instruction delivered
in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with
the student's level of English language proficiency. For Kindergarten and Grade 1, certain of these student
expectations apply to text read aloud for students not yet at the stage of decoding written text.
(5) Cross-curricular second language acquisition/writing. The ELL writes in a variety of forms with increasing
accuracy to effectively address a specific purpose and audience in all content areas. ELLs may be at the
beginning, intermediate, advanced, or advanced high stage of English language acquisition in writing. In order for
the ELL to meet grade-level learning expectations across foundation and enrichment curriculum, all instruction
delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded)
commensurate with the student's level of English language proficiency. For Kindergarten and Grade 1, certain of
these student expectations do not apply until the student has reached the stage of generating original written text
using a standard writing system.
Glossary
50/50 Model: A dual language immersion program model in which English and the partner
language are each used for 50 percent of instruction at all grade levels.
80/20 model: A dual language immersion program model in which students are instructed 80
percent of the time in the partner language and 20 percent in English in the first year or two, with
the amount of English instruction gradually increasing each year until English and the partner
language are each used for 50 percent of instruction.
90/10 model: A dual language immersion program model in which students are instructed 90
percent of the time in the partner language and 10 percent in English in the first year or two, with
the amount of English instruction gradually increasing each year until English and the partner
language are each used for 50 percent of instruction.
Achievement gap: A disparity in academic performance between groups of students.
Bilingual education: An umbrella term for dual language and transitional bilingual programs, and
used synonymously with transitional bilingual programs.
Bridging: The purposeful development of a visual generated by student input to bridge literacy
between languages (i.e., recognizing cognates and patterns).
Culturally and linguistically sustaining practices: Instructional practices that honor and elevate
students’ culture and their first language.
Dual-language Immersion (DLI): A state-approved bilingual program model in accordance with
TEC, §29.066.
Dual-Language Instruction: An educational approach that focuses on the use of the student's
primary language and English for instructional purposes.
Emergent bilingual: Students who are continuing to develop their home language while also
learning an additional language.
English learner: Students who are not proficient in English as determined by the Texas English
Language Proficiency Assessment.
Full immersion: A term denoting 90-100 percent partner language instruction, used more
frequently by world language immersion practitioners than two-way or developmental bilingual
practitioners. See 90/10 model.
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Immersion (as a program type): A program in which at least 50 percent of instruction is in the
partner language and the focus of instruction is on both language and subject content, in both
English and the partner language.
Immersion (as a method): A method in which teachers speak in the partner language
exclusively during instructional time. The term may be used in immersion programs or in
traditional world language classes at any grade level.
Metacognitive: awareness and understanding of one's own thought processes.
Metalinguistic: A branch of linguistics that deals with the relation between language and other
cultural factors in a society.
Newcomer: Students who are new immigrants to the U.S. who are English learners
One-way immersion: Dual language immersion/one-way is a bilingual/biliteracy program
model in which students identified as emergent bilingual students are served in both in another
language and English and are prepared to meet reclassification criteria in order to be successful
in English-only instruction not earlier than six or later than seven years after the student enrolls in
school. Instruction provided in a language other than English in this program model is delivered
by a teacher appropriately certified in bilingual education under TEC, §29.061. Instruction provided
in English in this program model may be delivered either by a teacher appropriately certified in
bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The
goal of one-way dual language immersion is for program participants to attain full proficiency in
another language as well as English. This model provides ongoing instruction in literacy and
academic content in the students' primary language as well as English, with at least half of the
instruction delivered in the students' primary language for the duration of the program.
Partner language: An alternative term for “target” language or a language other than English that
is used for instruction. This is the preferred term in dual language education, in which both English
and the world language are “targets” for developing proficiency.
Sequential bilingual: Students who learn a new language after age three.
Simultaneous bilingual: Students learning a new language after age three.
Sociocultural: Combining social and cultural factors.
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Translanguaging: A process by which students who are bilingual use both languages as one
integrated communication system.
Two-way immersion: A dual language immersion/two-way is a bilingual/biliteracy program
model in which students identified as English learners are integrated with students proficient in
English and are served in both English and another language and are prepared to meet
reclassification criteria in order to be successful in English-only instruction not earlier than six or
later than seven years after the student enrolls in school. Instruction provided in a language other
than English in this program model is delivered by a teacher appropriately certified in bilingual
education under TEC, §29.061, for the assigned grade level and content area. Instruction provided
in English in this program model may be delivered either by a teacher appropriately certified in
bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061, for
the assigned grade level and content area. The goal of two-way dual language immersion is for
program participants to attain full proficiency in another language as well as English. This model
provides ongoing instruction in literacy and academic content in English and another language
with at least half of the instruction delivered in the non-English program language for the
duration of the program.
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