(a) Purpose. This rule ensures that the Texas Juvenile Justice Department provides every youth who has a home language other than English and who is identified as limited English proficient a full opportunity to participate in an English as a Second Language program.
(b) Definitions. English Language Learner--a youth whose primary language is one other than English and whose English language skills are such that the youth has difficulty performing ordinary classwork in English. The terms English language learner and limited English proficient are used interchangeably.
(c) General Provisions.
  (1) TJJD provides reasonable access to all programs and services for youth who are determined to be English language learners.
  (2) Upon admission to an orientation and assessment unit, each youth is screened to determine if a language other than English is primary. Youth with a primary language other than English are assessed for the degree of English proficiency. TJJD uses state-approved assessments for classification purposes.
  (3) The Language Proficiency Assessment Committee (LPAC) reviews youth assessments and determines language and instructional accommodations on an individual basis.
  (4) The results and conclusions of all educational, psychological, and other assessments will consider the possible influence of limited English proficiency on the outcome or test scores.
  (5) Youth are provided the necessary linguistic accommodations to ensure competency in listening, speaking, reading, and writing in the English language and to ensure equitable participation in facility programs.
  (6) All appropriate linguistic accommodations, as determined by the LPAC, must be provided to youth in accordance with state law.

Source Note: The provisions of this §380.9125 adopted to be effective July 1, 2003, 28 TexReg 4919; amended to be effective November 1, 2011, 36 TexReg 7352; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976