(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 emergent bilingual student shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program, as required in Texas Education Code (TEC), Chapter 29, Subchapter B. To ensure equal educational opportunity, as required in TEC, §1.002(a), each school district shall:
  (1) identify emergent bilingual students based on criteria established by the state;
  (2) provide bilingual education and ESL programs, as integral parts of the general program as described in TEC, §4.002;
  (3) seek appropriately certified teaching personnel to ensure that emergent bilingual students are afforded full opportunity to master the essential knowledge and skills required by the state; and
  (4) assess for academic achievement and linguistic progress in accordance with TEC, Chapter 29, to ensure accountability for emergent bilingual students and the schools that serve them.
(b) The goal of bilingual education programs shall be to enable emergent bilingual students to develop primary language literacy and academic skills through the integrated use of content-based language and instructional methods to become proficient in listening, speaking, reading, and writing in the English language. Such programs shall include the mastery of grade level reading and language arts, mathematics, science, and social studies knowledge and skills as integral parts of the academic goals for all students to enable emergent bilingual students to participate equitably in school.
(c) The goal of ESL programs shall be to enable emergent bilingual students to become proficient in listening, speaking, reading, and writing in the English language through the integrated use of content-based language instructional methods. The ESL program shall include the mastery of grade level English reading and language arts, mathematics, science, and social studies knowledge and skills as integral parts of the academic goals for all students to enable emergent bilingual students 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 emergent bilingual students. The basic curriculum content of the programs shall be based on the Texas Essential Knowledge and Skills and the English language proficiency standards required by the state.

Source Note: The provisions of this §89.1201 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415; amended to be effective August 9, 2023, 48 TexReg 4247