PART 2. TEXAS EDUCATION AGENCY
CHAPTER 67. STATE REVIEW AND APPROVAL OF INSTRUCTIONAL MATERIALS
SUBCHAPTER B. STATE REVIEW AND APPROVAL
The State Board of Education (SBOE) adopts an amendment to §67.25, concerning state review and approval of instructional materials. The amendment is adopted with changes to the proposed text as published in the October 11, 2024 issue of the Texas Register (49 TexReg 8304) and will be republished. The adopted amendment establishes a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses and for supplemental instructional materials by defining the criteria to be used in the review and approval of instructional materials by the SBOE and the Texas Education Agency (TEA).
REASONED JUSTIFICATION: Texas Education Code (TEC), Chapter 31, addresses instructional materials in public education and permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. House Bill 1605, 88th Texas Legislature, Regular Session, 2023, significantly revised TEC, Chapter 31, including several provisions under SBOE authority.
The adopted amendment establishes a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses and for supplemental instructional materials by defining the criteria to be used in the review and approval of instructional materials.
At adoption, paragraph (2) was amended to modify the criteria for enrichment subjects by outlining the requirements for full-subject tier one instructional materials and partial-subject tier one instructional materials.
The SBOE approved the amendment for first reading and filing authorization at its September 13, 2024 meeting and for second reading and final adoption at its November 22, 2024 meeting.
In accordance with TEC, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date will allow the board to consider and review instructional materials for career and technical education courses and instructional materials for supplemental products in Instructional Materials Review and Approval (IMRA) Cycle 2025. The effective date is 20 days after filing as adopted with the Texas Register.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began October 11, 2024, and ended at 5:00 p.m. on November 12, 2024. The SBOE also provided an opportunity for registered oral and written comments at its November 2024 meeting in accordance with the SBOE board operating policies and procedures. Following is a summary of the public comments received and corresponding responses.
Comment. A publisher expressed support for the proposed rule text for supplemental materials that would allow a publisher to indicate the standards covered by their product prior to review in the IMRA process.
Response. The SBOE agrees that the rule will support the wide array of supplemental materials in the marketplace and allow for a fair review of standards alignment.
Comment. Nine individuals commented in opposition to the materials under review for IMRA Cycle 2024.
Response. These comments are outside the scope of the proposed rulemaking.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §28.002(a), which identifies the subjects of the required curriculum; TEC, §31.003(a), as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, which permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials; TEC, §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the SBOE to review instructional materials that have been provided to the board by the Texas Education Agency (TEA) under TEC, §31.023; and TEC, §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the commissioner of education to establish, in consultation with and with the approval of the SBOE, a process for the annual review of instructional materials by TEA. In conducting a review under this section, TEA must use a rubric developed by TEA in consultation with and approved by the SBOE.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §28.002(a), and §§31.003(a), 31.022, and 31.023, as amended by House Bill 1605, 88th Texas Legislature, Regular Session, 2023.
§67.25.Consideration and Approval of Instructional Materials by the State Board of Education.
The State Board of Education (SBOE) shall review the results of the instructional materials reviews completed by a review panel and submitted by the commissioner of education in accordance with Texas Education Code (TEC), §31.022 and §31.023. Instructional materials may be placed on the list of approved instructional materials only if they meet the following criteria:
(1) for full-subject and partial-subject tier one instructional materials for foundation subjects as defined by TEC, §28.002(a)(1), the product components cover 100% of the Texas Essential Knowledge and Skills (TEKS) and applicable English Language Proficiency Standards (ELPS) for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS and ELPS covered by instructional materials, each student expectation shall count as an independent element of the standards;
(2) for enrichment subjects as defined by TEC, §28.002(a)(2):
(A) the product components for full-subject tier one instructional materials cover 100% of the TEKS for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS covered by instructional materials, each student expectation shall count as an independent element of the standards; and
(B) the product components for partial-subject tier one instructional materials cover 100% of the applicable TEKS for the specific grade level and subject area when the proclamation or request for instructional materials was issued. The agency will bring recommendations regarding which TEKS are applicable to the SBOE for approval. In determining the percentage of the TEKS covered by instructional materials, each student expectation shall count as an independent element of the standards;
(3) for supplemental instructional materials as defined by TEC, §31.002(3), the publisher will indicate which TEKS are applicable, and the product and its components cover 100% of the applicable student expectations in the TEKS for the specific subject or course for which the materials are designed;
(4) materials have been reviewed through the process required by TEC, §31.023;
(5) materials are free from factual error, defined as a verified error of fact or any error that would interfere with student learning, including significant grammatical or punctuation errors;
(6) materials meet the Web Content Accessibility Guidelines (WCAG) and meet the technical specifications of the Federal Rehabilitation Act, Section 508, as specified when a request for instructional materials or proclamation was issued;
(7) materials conform to or exceed in every instance the latest edition of the Manufacturing Standards and Specifications for Textbooks (MSST), developed by the State Instructional Materials Review Association, when the proclamation or request for instructional materials was issued;
(8) materials are compliant with the suitability standards adopted by the SBOE and are compliant with all applicable state laws; and
(9) materials provide access to a parent portal as required by TEC, §31.154.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500078
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 2, 2025
Proposal publication date: October 11, 2024
For further information, please call: (512) 475-1497
SUBCHAPTER B. ENGLISH LANGUAGE PROFICIENCY STANDARDS
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figures in 19 TAC §120.20(e)(2) and §120.21(e)(2) are not included in the print version of the Texas Register. The figures are available in the on-line version of the January 24, 2025, issue of the Texas Register.)
The State Board of Education (SBOE) adopts new §120.20 and §120.21, concerning English language proficiency standards (ELPS). The new sections are adopted with changes to the proposed text as published in the August 2, 2024 issue of the Texas Register (49 TexReg 5620) and will be republished. The new sections relocate the ELPS from 19 TAC §74.4 and update the standards to ensure they remain current and comply with federal requirements.
REASONED JUSTIFICATION: In 1998, standards for English as a second language (ESL) for students in Kindergarten-Grade 12 were adopted as part of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language. In a subsequent Title III monitoring visit, the U.S. Department of Education (USDE) indicated that there was insufficient evidence demonstrating that the ESL standards outlined in 19 TAC Chapter 128 were aligned to state academic content and achievement standards in mathematics, as required by the No Child Left Behind Act (NCLB), §2113(b)(2). In November 2007, the SBOE adopted the ELPS as part of 19 TAC Chapter 74, Curriculum Requirements, to comply with NCLB requirements. The adopted ELPS in 19 TAC §74.4 clarified that state standards in English language acquisition must be implemented as an integral part of the instruction in each foundation and enrichment subject. Additionally, English language proficiency levels of beginning, intermediate, advanced, and advanced high in the domains of listening, speaking, reading, and writing were established as part of the ELPS, as required by NCLB. The superseded second language acquisition standards in 19 TAC Chapter 128 were also repealed in September 2008 during the process of revising the Texas Essential Knowledge and Skills (TEKS) in 19 TAC Chapters 110 and 128.
The SBOE began review and revision of the ELPS in 2019, in accordance with the SBOE's approved TEKS and instructional materials review schedule. Applications to serve on ELPS review work groups were posted on the Texas Education Agency (TEA) website in December 2018, and TEA distributed a survey to collect information from educators regarding the current ELPS. Work groups were convened in March, May, August, September, and October 2019. In September 2019, the USDE indicated that Texas only partially met the requirements of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, and requested additional evidence that the ELPS are aligned to the state's academic content standards and contain language proficiency expectations needed for emergent bilingual students to demonstrate achievement of the state academic standards appropriate to each grade level/grade band in at least reading language arts, mathematics, and science.
In response to feedback from work group members and the USDE, TEA staff convened a panel of experts in second language acquisition from Texas institutions of higher education to complete an analysis of the work group recommendations and current research on English language acquisition. Based on the panel's findings and direction from the SBOE, TEA executed personal services contracts with the panel members and a representative of an education service center to prepare a draft of revisions to the ELPS. Text of the draft ELPS completed by the expert panel was presented to the SBOE at the June 2023 SBOE meeting.
Applications to serve on the 2023-2024 ELPS review work groups were collected by TEA from June 2023 through January 2024. TEA staff provided SBOE members with applications for approval to serve on ELPS work groups in July, September, and December 2023 and January 2024. ELPS review work groups were convened in August, September, and November 2023 and March 2024 with the charge of reviewing and revising the expert panel's draft. In April 2024, the SBOE held a discussion item on the proposed new ELPS, and in May and June 2024, TEA convened a final work group to complete the recommendations for the new ELPS.
The adopted new sections will be implemented in the 2026-2027 school year and will better align the ELPS for second language acquisition to ensure the standards are current and comply with federal requirements. To make the ELPS easier for the public to locate and improve organization of the standards, they are being moved from 19 TAC §74.4 to Chapter 120, Subchapter B.
The following changes were made since published as proposed.
The general requirements in §120.20(b)(3) and §120.21(b)(3) were amended to read, "provide content-based instruction, including the cross-curricular second language acquisition essential knowledge and skills in subsection (d) of this section, in a manner that is linguistically accommodated to help the student acquire English language proficiency."
The introduction paragraphs in §120.20(c)(7)(B) and §120.21(c)(7)(B) were amended to read, "demonstrate targeted and intentional academic language skills to ensure content-area teachers are able to accurately evaluate the abilities of EB students and scaffold toward the increasingly complex English that students hear, speak, and are expected to read and write."
The student expectation in §120.21(d)(3)(E) was amended to read, "use pre-reading strategies, including previewing the text features, connecting to prior knowledge, organizing ideas, and making predictions, to develop comprehension."
Figure: 19 TAC §120.20(e)(2)
On each page, all proficiency level descriptor headings were amended by striking the numeric references "1 PRE-PRODUCTION," "2 BEGINNING," "3 INTERMEDIATE," "4 HIGH INTERMEDIATE," and "5 ADVANCED" for each level to read, "PRE-PRODUCTION," "BEGINNING," "INTERMEDIATE," HIGH INTERMEDIATE," and "ADVANCED."
On each page, the pre-production proficiency level descriptor heading was amended to read, "With highly scaffolded instruction and linguistic support, the EB student may."
On page 1, related to ELPS Listening: General for Kindergarten-Grade 3, the fourth language pattern was amended to read, "Language Structures/Pragmatics."
On page 2, related to ELPS Listening: English Language Arts and Reading for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Phonology was modified to remove the word "associations" and replace with the word "correspondence."
On page 3, related to ELPS Listening: Mathematics for Kindergarten-Grade 3, the beginning proficiency level descriptor for Language Structures/Pragmatics was modified to remove the semicolon between "descriptions" and "(attributes)."
On page 5, related to ELPS Listening: Science for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Vocabulary was modified to remove the word "academic."
On page 5, related to ELPS Listening: Science for Kindergarten-Grade 3, the third language pattern was amended to read, "Language Structures/Pragmatics."
On page 6, related to ELPS Listening: Social Studies for Kindergarten-Grade 3, the second language pattern was amended to read, "Language Structures/Pragmatics."
On page 7, related to ELPS Speaking: General for Kindergarten-Grade 3, the third beginning proficiency level descriptor for Vocabulary was amended to read, "recite high-frequency, content-area words, including cognates."
On page 7, related to ELPS Speaking: General for Kindergarten-Grade 3, the third intermediate proficiency level descriptor for Vocabulary was amended to read, "speak using high-frequency, content-area words in simple phrases with support from cognates."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Register was modified to remove the phrase "to increase" and replace with the phrase "with increasing."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the second intermediate proficiency level descriptor for Discourse was modified to remove the phrase "with language supports."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the first pre-production proficiency level descriptor for Respond to Information was amended to read, "respond with gestures or mimic simple, modeled responses."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the first beginning proficiency level descriptor for Respond to Information was modified to remove the word "word" and replace with the word "words."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the first advanced proficiency level descriptor for Respond to Information was modified to remove the word "in."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the third intermediate proficiency level descriptor for Respond to Information was amended to read, "ask questions orally about content-area topics using question words and phrases."
On page 8, related to ELPS Speaking: General for Kindergarten-Grade 3, the third intermediate proficiency level descriptor for Respond to Information was amended to read, "ask questions orally about content-area topics using question words in simple sentences."
On page 9, related to ELPS Speaking for Kindergarten-Grade 3, the title of the page was amended to read, "ELPS Speaking: English Language Arts and Reading."
On page 9, related to ELPS Speaking: English Language Arts and Reading for Kindergarten-Grade 3, the second language pattern was amended to read, "Respond to Information."
On page 9, related to ELPS Speaking: English Language Arts and Reading for Kindergarten-Grade 3, the beginning proficiency level descriptor for Respond to Information was modified to remove the phrase "with language supports."
On page 9, related to ELPS Speaking: English Language Arts and Reading for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Respond to Information was modified to remove the phrase "with language supports."
On page 10, related to ELPS Speaking: Mathematics for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Language Structures/Syntax was amended to read, "speak using mathematical words or phrases about mathematical relationships, processes, problem-solving, or mathematical models."
On page 10, related to ELPS Speaking: Mathematics for Kindergarten-Grade 3, the high intermediate proficiency level descriptor for Discourse was amended to read, "use sentences to orally describe and justify mathematical ideas, reasoning, arguments, and application of multiple representations, including symbols, diagrams, or graphs."
On page 10, related to ELPS Speaking: Mathematics for Kindergarten-Grade 3, the advanced proficiency level descriptor for Discourse was amended to read, "use sentences and precise mathematical language to explain and justify mathematical ideas, reasoning, arguments, and application of multiple representations, including symbols, diagrams, or graphs."
On page 11, related to ELPS Speaking: Science for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Discourse was amended to read, "justify or convey orally a proposed solution or hypothesis using phrases to include some ideas or opinions based on scientific data."
On page 12, related to ELPS Speaking: Social Studies for Kindergarten-Grade 3, the beginning proficiency level descriptor for Discourse was modified to remove the phrase "with language supports."
On page 13, related to ELPS Reading: General for Kindergarten-Grade 3, the advanced proficiency level descriptor for Vocabulary was amended to read, "demonstrate comprehension of familiar and unfamiliar content-area concepts found in text by responding orally or in writing using key vocabulary with accuracy."
On page 13, related to ELPS Reading: General for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Print Concepts was amended to read, "imitate how others read a book from top to bottom and turn pages from left to right."
On page 14, related to ELPS Reading: General for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Fluency was amended to read, "mimic word-by-word during shared or choral reading of familiar grade-level, content-area text."
On page 14, related to ELPS Reading: General for Kindergarten-Grade 3, the beginning proficiency level descriptor for Fluency was amended to read, "read word-by-word when reading familiar grade-level, content-area text."
On page 14, related to ELPS Reading: General for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Fluency was amended to read, "read in two-word phrases with some three- or four-word groupings when reading familiar grade-level, content-area text."
On page 14, related to ELPS Reading: General for Kindergarten-Grade 3, the high intermediate proficiency level descriptor for Fluency was amended to read, "read in three- or four-word phrase groups up to simple sentences when reading familiar grade-level, content-area text."
On page 14, related to ELPS Reading: General for Kindergarten-Grade 3, the advanced proficiency level descriptor for Fluency was amended to read, "read in larger, meaningful phrase groups or sentences when reading familiar grade-level, content-area text."
On page 15, related to ELPS Reading for Kindergarten-Grade 3, the title of the page was amended to read, "ELPS Reading: English Language Arts and Reading."
On page 16, related to ELPS Reading: Mathematics for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, "use pictures, manipulatives, or primary language to demonstrate an understanding of mathematical language structures and symbols read such as sum, equal, (=), greater than, (>), less than, and (<) in mathematical problems."
On page 16, related to ELPS Reading: Mathematics for Kindergarten-Grade 3, the beginning proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, "use pictures, manipulatives, or primary language to demonstrate an understanding of mathematical structures and symbols read such as sum, equal, (=), greater than, (>), less than, and (<) in mathematical problems."
On page 16, related to ELPS Reading: Mathematics for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, " identify keywords or phrases that correspond to mathematical symbols such as sum, equal, (=), greater than, (>), less than, and (<) read in mathematical problems."
On page 16, related to ELPS Reading: Mathematics for Kindergarten-Grade 3, the high intermediate proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, " identify language structures that correspond to mathematical symbols such as sum, equal, (=), greater than, (>), less than, and (<) read in mathematical problems."
On page 16, related to ELPS Reading: Mathematics for Kindergarten-Grade 3, the advanced proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, "distinguish between language structures that correspond to mathematical symbols such as sum, equal, (=), greater than, (>), less than, and (<) read in mathematical problems."
On page 17, related to ELPS Reading: Science for Kindergarten-Grade 3, the high intermediate proficiency level descriptor for Language Structures: Semantics/Pragmatics was modified to remove the comma between "read" and "with."
On page 17, related to ELPS Reading: Science for Kindergarten-Grade 3, the advanced proficiency level descriptor for Language Structures: Semantics/Pragmatics was modified to remove the comma between "read" and "with."
On page 18, related to ELPS Reading: Social Studies for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Language Structures: Semantics/Pragmatics was modified to add "scaffolded" before "social studies text."
On page 18, related to ELPS Reading: Social Studies for Kindergarten-Grade 3, the beginning proficiency level descriptor for Language Structures: Semantics/Pragmatics was modified to remove the word "scaffolded" before "social studies text."
On page 18, related to ELPS Reading: Social Studies for Kindergarten-Grade 3, the pre-production proficiency level descriptor for Comprehension: Monitor and Adjust was amended to read, "identify or point to text features such as maps, data charts, and images from historical narratives or informational texts in shared reading."
On page 19, related to ELPS Writing: General for Kindergarten-Grade 3, an advanced proficiency level descriptor, "write words by sounding out phonemes or letter clusters with increasing accuracy," was added for Encoding as there was no proficiency level descriptor for this level and language pattern.
On page 19, related to ELPS Writing: General for Kindergarten-Grade 3, the intermediate proficiency level descriptor for Phonology was amended to read, "connect sounds to letters, including letter clusters and different syllable patterns, with increasing consistency."
On page 21, related to ELPS Writing for Kindergarten-Grade 3, the title of the page was amended to read, "ELPS Writing: English Language Arts and Reading."
On page 21, related to ELPS Writing: English Language Arts and Reading for Kindergarten-Grade 3, the first language pattern was amended to read, "Encoding."
On page 21, related to ELPS Writing: English Language Arts and Reading for Kindergarten-Grade 3, the second language pattern was amended to read, "Phonology."
On page 24, related to ELPS Writing: Social Studies for Kindergarten-Grade 3, the high intermediate proficiency level descriptor for Vocabulary was amended to read, "write sentences using high-frequency social studies language related to cause and effect, chronology, or comparison with relevant details."
On page 24, related to ELPS Writing: Social Studies for Kindergarten-Grade 3, the advanced proficiency level descriptor for Vocabulary was amended to read, "write sentences using precise social studies language related to cause and effect, chronology, comparison, or perspective with relevant and accurate details."
Figure: 19 TAC §120.21(e)(2)
On each page, all proficiency level descriptor headings were amended by striking the numeric references "1 PRE-PRODUCTION," "2 BEGINNING," "3 INTERMEDIATE," "4 HIGH INTERMEDIATE," and "5 ADVANCED" for each level to read, "PRE-PRODUCTION," "BEGINNING," "INTERMEDIATE," HIGH INTERMEDIATE," and "ADVANCED."
On each page, the pre-production proficiency level descriptor heading was amended to read, "With highly scaffolded instruction and linguistic support, the EB student may."
On page 1, related to ELPS Listening: General for Grades 4-12, the fourth language pattern was amended to read, "Language Structures/Pragmatics."
On page 2, related to ELPS Listening for Grades 4-12, the title of the page was amended to read, "ELPS Listening: English Language Arts and Reading."
On page 2, related to ELPS Listening: English Language Arts and Reading for Grades 4-12, the pre-production proficiency level descriptor for Phonology was modified to remove the word "associations" and replace with the word "correspondence."
On page 2, related to ELPS Listening: English Language Arts and Reading for Grades 4-12, the beginning proficiency level descriptor for Comprehension was amended to read, "use one- to two-word responses or short phrases to respond to oral prompts and questions about aural information or text read aloud."
On page 3, related to ELPS Listening: Mathematics for Grades 4-12, the pre-production proficiency level descriptor for Following Directions was modified to remove the comma between "simple" and "mathematical."
On page 3, related to ELPS Listening: Mathematics for Grades 4-12, the beginning proficiency level descriptor for Language Structures/Pragmatics was modified to remove the semicolon between "descriptions" and "(attributes)."
On page 3, related to ELPS Listening: Mathematics for Grades 4-12, the advanced proficiency level descriptor for Language Structures/Pragmatics was amended to read, "participate in mathematical discussions using unfamiliar and familiar language structures such as comparative, descriptive, sequential, and operational structures modeled orally in the classroom."
On page 4, related to ELPS Listening: Science for Grades 4-12, the third language pattern was amended to read, "Language Structures/Pragmatics."
On page 5, related to ELPS Listening: Social Studies for Grades 4-12, the second language pattern was amended to read, "Language Structures/Pragmatics."
On page 6, related to ELPS Speaking: General for Grades 4-12, the intermediate proficiency level descriptor for Vocabulary was modified to remove the word "specific" and replace with the word "area."
On page 6, related to ELPS Speaking: General for Grades 4-12, the beginning proficiency level descriptor for Vocabulary was amended to read, "recite high-frequency, content-area words, including cognates and Greek and Latin prefixes, suffixes, and roots."
On page 6, related to ELPS Speaking: General for Grades 4-12, the beginning proficiency level descriptor for Vocabulary was amended to read, "speak in simple phrases using high-frequency, content-area words with support from cognates and Greek and Latin prefixes, suffixes, and roots."
On page 7, related to ELPS Speaking: General for Grades 4-12, the intermediate proficiency level descriptor for Register was modified to remove the phrase "to increase" and replace with the phrase "with increasing."
On page 7, related to ELPS Speaking: General for Grades 4-12, the second intermediate proficiency level descriptor for Discourse was modified to remove the phrase "with language supports."
On page 7, related to ELPS Speaking: General for Grades 4-12, the first pre-production proficiency level descriptor for Respond to Information was amended to read, "respond with gestures or mimic simple, modeled responses."
On page 7, related to ELPS Speaking: General for Grades 4-12, the first beginning proficiency level descriptor for Respond to Information was modified to remove the word "word" and replace with the word "words."
On page 7, related to ELPS Speaking: General for Grades 4-12, the third intermediate proficiency level descriptor for Respond to Information was amended to read, "ask questions orally about content-area topics using question words and phrases."
On page 7, related to ELPS Speaking: General for Grades 4-12, the third high intermediate proficiency level descriptor for Respond to Information was amended to read, "ask questions orally about content-area topics using question words in simple sentences."
On page 8, related to ELPS Speaking for Grades 4-12, the title of the page was amended to read, "ELPS Speaking: English Language Arts and Reading."
On page 8, related to ELPS Speaking: English Language Arts and Reading for Grades 4-12, the second language pattern was amended to read, "Respond to Information."
On page 8, related to ELPS Speaking: English Language Arts and Reading for Grades 4-12, the beginning proficiency level descriptor for Respond to Information was modified to remove the phrase "with language supports."
On page 8, related to ELPS Speaking: English Language Arts and Reading for Grades 4-12, the intermediate proficiency level descriptor for Respond to Information was modified to remove the phrase "with language supports."
On page 9, related to ELPS Speaking: Mathematics for Grades 4-12, the beginning proficiency level descriptor for Discourse was modified to remove the phrase "with support."
On page 9, related to ELPS Speaking: Mathematics for Grades 4-12, the high intermediate proficiency level descriptor for Discourse was amended to read, "use sentences often to describe and justify mathematical ideas, reasoning, arguments, and application of multiple representations, including symbols, diagrams, and graphs."
On page 9, related to ELPS Speaking: Mathematics for Grades 4-12, the advanced proficiency level descriptor for Discourse was amended to read, "use sentences and precise mathematical language to explain and justify mathematical ideas, reasoning, arguments, and application of multiple representations, including symbols, diagrams, and graphs."
On page 11, related to ELPS Speaking: Social Studies for Grades 4-12, the first beginning proficiency level descriptor for Discourse was modified to remove the phrase "with language supports."
On page 12, related to ELPS Reading: General for Grades 4-12, the advanced proficiency level descriptor for Vocabulary was modified to remove the comma between "vocabulary" and "with."
On page 12, related to ELPS Reading: General for Grades 4-12, the pre-production proficiency level descriptor for Print Concepts was amended to read, "imitate how others read a book from top to bottom and turn pages from left to right."
On page 12, related to ELPS Reading: General for Grades 4-12, the beginning proficiency level descriptor for Purpose for Reading was modified to remove the comma between "English" and "when."
On page 12, related to ELPS Reading: General for Grades 4-12, the intermediate proficiency level descriptor for Purpose for Reading was modified to remove the comma between "text" and "when."
On page 13, related to ELPS Reading: General for Grades 4-12, the pre-production proficiency level descriptor for Fluency was amended to read, "mimic word-by-word during shared or choral reading of familiar grade-level, content-area text."
On page 13, related to ELPS Reading: General for Grades 4-12, the beginning proficiency level descriptor for Fluency was amended to read, "read word-by-word when reading familiar grade-level, content-area text."
On page 13, related to ELPS Reading: General for Grades 4-12, the intermediate proficiency level descriptor for Fluency was amended to read, "read in two-word phrases with some three- or four-word groupings when reading familiar grade-level, content-area text."
On page 13, related to ELPS Reading: General for Grades 4-12, the high intermediate proficiency level descriptor for Fluency was amended to read, "read in three- or four-word phrase groups up to simple sentences when reading familiar grade-level, content-area text."
On page 13, related to ELPS Reading: General for Grades 4-12, the advanced proficiency level descriptor for Fluency was amended to read, "read in larger, meaningful phrase groups or sentences when reading familiar grade-level, content-area text with expressive interpretation."
On page 14, related to ELPS Reading for Grades 4-12, the title of the page was amended to read, "ELPS Reading: English Language Arts and Reading."
On page 15, related to ELPS Reading: Mathematics for Grades 4-12, the pre-production proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, "use pictures, manipulatives, or primary language to demonstrate an understanding of mathematical language structures read in simple mathematical problems."
On page 15, related to ELPS Reading: Mathematics for Grades 4-12, the beginning proficiency level descriptor for Language Structures: Semantics/Pragmatics was amended to read, "use pictures, manipulatives, or primary language to demonstrate an understanding of mathematical language structures and symbols read in mathematical problems."
On page 16, related to ELPS Reading: Science for Grades 4-12, the high intermediate proficiency level descriptor for Comprehension: Monitor and Adjust was modified to remove the comma between "read" and "with."
On page 16, related to ELPS Reading: Science for Grades 4-12, the advanced proficiency level descriptor for Comprehension: Monitor and Adjust was modified to remove the comma between "read" and "with."
On page 17, related to ELPS Reading: Social Studies for Grades 4-12, the pre-production proficiency level descriptor for Comprehension: Monitor and Adjust was amended to read, "identify or point to features such as maps, data charts, and images from historical narratives or informational texts in shared reading."
On page 18, related to ELPS Writing: General for Grades 4-12, the intermediate proficiency level descriptor for Phonology was amended to read, "connect sounds to letters, including letter clusters and different syllable patterns, with increasing consistency."
On page 20, related to ELPS Writing for Grades 4-12, the title of the page was amended to read, "ELPS Writing: English Language Arts and Reading."
On page 20, related to ELPS Writing: English Language Arts and Reading for Grades 4-12, the first language pattern was amended to read, "Encoding."
On page 20, related to ELPS Writing: English Language Arts and Reading for Grades 4-12, the second language pattern was amended to read, "Phonology."
On page 21, related to ELPS Writing: Mathematics for Grades 4-12, the first beginning proficiency level descriptor for Vocabulary was modified to remove the phrase "and their meaning."
On page 21, related to ELPS Writing: Mathematics for Grades 4-12, the second high intermediate proficiency level descriptor for Vocabulary was amended to read, "write common mathematical abbreviations such as units of measurement and formulas with increasing accuracy."
On page 21, related to ELPS Writing: Mathematics for Grades 4-12, the second advanced proficiency level descriptor for Vocabulary was amended to read, "write common mathematical abbreviations such as units of measurement and formulas with accuracy."
On page 22, related to ELPS Writing: Science for Grades 4-12, the intermediate proficiency level descriptor for Vocabulary was amended to read, "write using high-frequency science and engineering terms and simple phrases with support from cognates and Greek and Latin prefixes, suffixes, and roots."
The SBOE approved the new sections for first reading and filing authorization at its June 28, 2024 meeting and for second reading and final adoption at its September 13, 2024 meeting.
In accordance with TEC, §7.102(f), the SBOE approved the new sections for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date will enable districts to begin preparing for implementation of the new ELPS. The effective date is 20 days after filing as adopted with the Texas Register.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began August 2, 2024, and ended at 5:00 p.m. on September 3, 2024. The SBOE also provided an opportunity for registered oral and written comments at its September 2024 meeting in accordance with the SBOE board operating policies and procedures. Following is a summary of the public comments received and corresponding responses.
Comment. One community member asked if there are plans or a timeline for the development of a crosswalk between the current ELPS and the proposed new ELPS to show changes between the two sets of standards.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One parent questioned why there are limited proficiency level descriptors (PLDs) in Grades 4-12 for English language arts and reading (ELAR) in the proposed new ELPS. The commenter stated that the proposed PLDs in the ELAR section for the speaking, reading, and writing domains do not address the following language patterns: vocabulary, language structures/pragmatics, following directions, discourse, print concepts, comprehension, encoding, and fluency.
Response. The SBOE provides the following clarification. The adopted PLDs for Grades 4-12 in Figure §120.21(e) consist of five sections that address general, ELAR, mathematics, science, and social studies. PLDs in the general section apply to every subject area, including ELAR, and address language patterns such as vocabulary, language structures/pragmatics, following directions, discourse, print concepts, comprehension, encoding, and fluency where they are applicable in the speaking, reading, and writing domains.
Comment. One community member asked if the proposed new ELPS will be used for the 2025 Instructional Materials Review and Approval (IMRA) process.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One administrator recommended adding the word "images" to the proposed student expectation in §120.20(d)(1)(A) in the listening domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the suggestion to add "images" to the student expectation in §120.20(d)(1)(A) is unnecessary.
Comment. One administrator recommended changing the word "follow" to "respond" in the proposed student expectation in §120.20(d)(1)(C) in the listening domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the word "follow" in the student expectation in §120.20(d)(1)(C) in the listening domain for Kindergarten-Grade 3 appropriately reflects how a student should respond to oral directions when listening.
Comment. One administrator recommended changing the term "connecting words" to "transition words" in the proposed student expectation in §120.20(d)(2)(C) in the speaking domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the term "connecting words" is appropriate for Kindergarten-Grade 3 as proposed.
Comment. One administrator recommended changing the term "classroom material" to "a variety of text" in the proposed student expectation in §120.20(d)(3)(D) in the reading domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the term "classroom material" in the student expectation in §120.20(d)(3)(H) is developmentally appropriate for Kindergarten-Grade 3 students.
Comment. One administrator recommended adding the word "prosody" to the proposed student expectation in §120.20(d)(3)(H) in the reading domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the suggestion to add the word "prosody" to the student expectation in §120.20(d)(3)(H) is unnecessary.
Comment. One administrator recommended changing the phrase "spell words" to "write text" in the proposed student expectation in §120.20(d)(4)(B) in the writing domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the phrase "spell words" is appropriately included in the student expectation in §120.20(d)(4)(B) as proposed.
Comment. One administrator recommended changing the term "connecting words" to "transition words" in the student expectation in §120.20(d)(4)(D) in the writing domain for Kindergarten-Grade 3.
Response. The SBOE disagrees and has determined that the term "connecting words" in the student expectation in §120.20(d)(4)(D) is appropriate for Kindergarten-Grade 3 as proposed.
Comment. One administrator recommended changing the word "details" to "supporting details and evidence" in the proposed student expectation in §120.20(d)(4)(F) in the writing domain for Kindergarten-Grade 3.
Response. The SBOE disagrees that the suggested change is necessary and has determined that the word "details" is developmentally appropriate in the student expectation in §120.20(d)(4)(F) for Kindergarten-Grade 3.
Comment. One administrator expressed concern that there is not a PLD at the advanced level in Figure §120.20(e), General - Writing (Encoding), and the missing PLD may cause confusion.
Response. The SBOE agrees and took action to add a PLD for the advanced level in Figure §120.20(e)(2), General - Writing (Encoding), to read, "write words by sounding out phonemes or letter clusters with increasing accuracy."
Comment. One administrator expressed concern that relocating the proposed new ELPS from 19 TAC Chapter 74 to 19 TAC Chapter 120 would further reduce the visibility and importance of the ELPS.
Response. The SBOE disagrees and has determined that the relocation of the ELPS from 19 TAC Chapter 74 to 19 TAC Chapter 120 is appropriate and will increase the visibility of the ELPS.
Comment. One teacher expressed support for the proposed new ELPS as they appropriately reflect developmental expectations for emergent bilingual students.
Response. The SBOE agrees and took action to adopt the proposed new ELPS as amended.
Comment. One teacher expressed support for the proposed new ELPS and stated that the proposed new ELPS focus more clearly on English language proficiency growth and seem easier to implement with the TEKS.
Response. The SBOE agrees and took action to adopt the proposed new ELPS as amended.
Comment. One administrator stated that the proposed new ELPS will require a change to the Texas English Language Proficiency Assessment System (TELPAS) and information about these changes will need to be shared prior to the new assessment. The commenter expressed concern that while there has been plenty of time given leading up to the revised State of Texas Assessments of Academic Readiness (STAAR®), there has been little information shared about changes to TELPAS.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One administrator stated that schools have not yet received students' speaking responses from recent TELPAS administrations.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One teacher asked if the TELPAS would measure the new proficiency levels in the proposed new ELPS.
Response. This comment is outside the scope of the proposed rulemaking.
STATUTORY AUTHORITY. The new sections are adopted under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; and TEC, §29.051, which establishes bilingual education and special language programs in public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.
CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code, §§7.102(c)(4), 28.002(a), and 29.051.
§120.20.English Language Proficiency Standards, Kindergarten-Grade 3, Adopted 2024.
(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.
(b) General requirements. In fulfilling the requirements of this section, school districts and charter schools 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 pre-production, beginning, intermediate, high intermediate, and advanced levels delineated in subsection (e) 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 (d) of this section, in a manner that is linguistically accommodated to help the student acquire English language proficiency; and
(4) provide intensive and ongoing foundational second language acquisition instruction to emergent bilingual (EB) students in Kindergarten-Grade 12 who are at the pre-production, beginning, or intermediate level of English language proficiency in listening, speaking, reading, or writing as determined by the state's English language proficiency assessment system. These EB students require focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of English language necessary to support content-based instruction and accelerated learning of English.
(c) Introduction.
(1) The English language proficiency standards (ELPS) outline student expectations and proficiency level descriptors for EB students in English. The ELPS are organized across four language domains: listening, speaking, reading, and writing.
(2) Language acquisition is a complex process that consists of several interrelated components, including phonetics, phonology, semantics, syntax, morphology, and pragmatics. As students develop proficiency in these language structures, they are able to make connections between their primary language and English.
(3) Classroom contexts foster social and academic registers, which are types of language appropriate for a situation or setting, to support language proficiency. Informal (social) language consists of English needed for students to effectively interact, exchange ideas, and engage in various settings and contexts. Formal (academic) language consists of oral and written language used to build knowledge, participate in content-specific discourse, and process complex academic material found in formal school settings and interactions.
(4) The progression of skills in the four language domains are developed simultaneously and can be divided into two categories: receptive skills and expressive skills. Listening and reading are the receptive (input) skills. Students' development in receptive skills is necessary for comprehension and attainment of the English language and content. Speaking and writing are the expressive (output) skills. Students' ability to express and share their personal ideas and content knowledge allow teachers the opportunity to check for understanding and adjust instruction. Effective content-based language instruction involves engaging EB students in scaffolded opportunities to listen, speak, read, and write at their current levels of proficiency while gradually increasing linguistic complexity.
(5) In order for EB students to be successful, educators must create an environment that welcomes and encourages students to leverage their unique cultural and linguistic experiences as they develop English language skills and learn academic content. Educators must cultivate an approach that integrates students' and their families' funds of knowledge into the classroom instructional practices. Culturally and linguistically sustaining practices leverage and celebrate students' cultural heritage and backgrounds while elevating their cultural and linguistic identities. Teaching and learning cognates that connect both (or multiple) languages can also construct bridges between languages and increase confidence as English language acquisition progresses.
(6) The ELPS student expectations are the knowledge and skills students must demonstrate. They indicate what students should know and be able to do in order to meet academic content standards. Proficiency level descriptors describe behaviors EB students exhibit across five proficiency levels as they acquire English. EB students may exhibit different proficiency levels within and across the domains of listening, speaking, reading, and writing.
(7) The ELPS demonstrate an asset-based approach to address the affective, linguistic, and cognitive needs of EB students in accordance with §89.1210(b) of this title (relating to Program Content and Design) as follows:
(A) acknowledge and leverage the existing funds of knowledge students possess, including linguistic repertoire, cultural heritage, and background knowledge;
(B) demonstrate targeted and intentional academic language skills to ensure content-area teachers are able to accurately evaluate the abilities of EB students and scaffold toward the increasingly complex English that students hear, speak, and are expected to read and write; and
(C) provide an exact and incremental measure of the stages of English language acquisition with attention to the fact that EB students at all levels of proficiency can engage in cognitively demanding tasks and master the required essential knowledge and skills with appropriate language support.
(8) The proficiency level descriptors are organized into general proficiency level descriptors and content-area proficiency level descriptors. General proficiency level descriptors are descriptions of a broad scope of student behaviors that can be observed in a variety of educational settings and across content areas. Content-area proficiency level descriptors describe student behaviors and language associated with discipline-specific learning in English language arts and reading, mathematics, science, and social studies.
(d) Cross-curricular English language acquisition student expectations.
(1) Student expectations--listening. The EB student listens to a variety of speakers, including teachers, peers, and multimedia, to gain an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels in listening. The student is expected to:
(A) distinguish sounds and intonation patterns by responding orally, in writing, or with gestures;
(B) demonstrate an understanding of content-area vocabulary when heard during formal and informal classroom interactions by responding with gestures or images, orally, or in writing;
(C) follow oral directions with accuracy;
(D) use context to construct the meaning of descriptive language, words with multiple meanings, register, or figurative language such as idiomatic expressions heard during formal and informal classroom interactions;
(E) demonstrate listening comprehension from information presented orally during formal and informal classroom interactions by recalling, retelling, responding, or asking for clarification or additional details; and
(F) derive meaning from a variety of auditory multimedia sources to build and reinforce concepts and language acquisition.
(2) Student expectations--speaking. The EB student speaks using a variety of language structures for a variety of purposes with an awareness of different language registers (formal/informal) using vocabulary with increasing accuracy and fluency in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency level of English language acquisition in speaking. The student is expected to:
(A) produce sounds of newly acquired vocabulary such as long and short vowels, silent letters, and consonant clusters to pronounce words with accuracy;
(B) speak using content-area vocabulary during formal and informal classroom interactions to demonstrate acquisition of new words and high-frequency words;
(C) speak using a variety of language and grammatical structures, sentence lengths and types, and connecting words;
(D) speak using appropriate register to convey a message during formal and informal classroom interactions with accuracy and fluency;
(E) narrate, describe, or explain information or persuade orally with increasing specificity and detail during formal and informal classroom interactions; and
(F) restate, ask questions about, or respond to information during formal and informal classroom interactions.
(3) Student expectations--reading. The EB student reads a variety of texts for different purposes with an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in reading. For Kindergarten and Grade 1, certain student expectations apply to text read aloud for students not yet at the stage of decoding written text. The student is expected to:
(A) demonstrate awareness of print concepts and directionality of reading as left to right and top to bottom;
(B) decode words using relationships between sounds and letters;
(C) use high-frequency words, cognates, and content-area vocabulary to comprehend written classroom materials;
(D) use context to construct the meaning of figurative language such as idiomatic expressions, descriptive language, and words with multiple meanings to comprehend classroom materials;
(E) use pre-reading strategies, including previewing text features, connecting to prior knowledge, organizing ideas, and making predictions, to develop comprehension;
(F) derive meaning from and demonstrate comprehension of content-area texts using visual, contextual, and linguistic supports;
(G) demonstrate reading comprehension of content-area texts by making connections, retelling, or responding to questions; and
(H) read with fluency and demonstrate comprehension of content-area text.
(4) Student expectations--writing. The EB student writes using a variety of language structures with increasing accuracy to effectively address a variety of purposes (formal and informal) and audiences in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in writing. For Kindergarten and Grade 1, certain student expectations do not apply until the student has reached the proficiency level of generating original written text using a standard writing system. The student is expected to:
(A) apply relationships between sounds and letters of the English language to represent sounds when writing;
(B) spell words following conventional spelling patterns and rules;
(C) write using high-frequency words and content-area vocabulary;
(D) write using a variety of grade-appropriate sentence lengths and types and connecting words;
(E) write formal or informal text using conventions such as capitalization and punctuation and grammatical structures such as subject-verb agreement and verb tense; and
(F) write to narrate, describe, explain, respond, or persuade with detail in the content areas.
(e) Proficiency level descriptors.
(1) The following five proficiency levels describe students' progress in English language acquisition.
(A) Pre-production. The pre-production level, also known as the silent period, is the early stage of English language acquisition when receptive language is developing. Students develop comprehension when highly scaffolded instruction and linguistic support are provided. Student responses are mostly non-verbal.
(B) Beginning. The beginning level is characterized by speech emergence (expressive language) using one word or two-to-three-word phrases. Students at this level require highly scaffolded instruction and linguistic support. Students at this level begin to consistently use present tense verbs and repeat keywords and familiar phrases when engaging in formal and informal interactions.
(C) Intermediate. The intermediate level is characterized by the ability to use receptive and expressive language with demonstrated literal comprehension. Students at this level need moderately scaffolded instruction and linguistic support. Additional visual and linguistic support is needed to understand unfamiliar or abstract concepts such as figurative language, humor, and cultural or societal references. Students at this level begin to consistently use short phrases and simple sentences or ask short questions to demonstrate comprehension during formal and informal interactions.
(D) High intermediate. Students at the high intermediate level begin to consistently use a variety of sentence types, express opinions, share thoughts, and ask for clarification. Students at this level have an increased level of literal and abstract comprehension. Students may need minimal scaffolded instruction and linguistic support to engage in formal and informal classroom interactions.
(E) Advanced. The advanced level is characterized by the ability of students to engage in formal and informal classroom interactions with little to no linguistic support. Students at this level engage in discourse using content-area vocabulary and a variety of grammatical structures with increasing accuracy.
(2) The Kindergarten-Grade 3 proficiency level descriptors are described in the figure provided in this paragraph.
Figure: 19 TAC §120.20(e)(2) (.pdf)
§120.21.English Language Proficiency Standards, Grades 4-12, Adopted 2024.
(a) Implementation. The provisions of this section shall be implemented by school districts beginning with the 2026-2027 school year.
(b) General requirements. In fulfilling the requirements of this section, school districts and charter schools 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 pre-production, beginning, intermediate, high intermediate, and advanced levels delineated in subsection (e) 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 (d) of this section, in a manner that is linguistically accommodated to help the student acquire English language proficiency; and
(4) provide intensive and ongoing foundational second language acquisition instruction to emergent bilingual (EB) students in Kindergarten-Grade 12 who are at the pre-production, beginning, or intermediate level of English language proficiency in listening, speaking, reading, or writing as determined by the state's English language proficiency assessment system. These EB students require focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of English language necessary to support content-based instruction and accelerated learning of English.
(c) Introduction.
(1) The English language proficiency standards (ELPS) outline student expectations and proficiency level descriptors for EB students in English. The ELPS are organized across four language domains: listening, speaking, reading, and writing.
(2) Language acquisition is a complex process that consists of several interrelated components, including phonetics, phonology, semantics, syntax, morphology, and pragmatics. As students develop proficiency in these language structures, they are able to make connections between their primary language and English.
(3) Classroom contexts foster social and academic registers, which are types of language appropriate for a situation or setting, to support language proficiency. Informal (social) language consists of English needed for students to effectively interact, exchange ideas, and engage in various settings and contexts. Formal (academic) language consists of oral and written language used to build knowledge, participate in content-specific discourse, and process complex academic material found in formal school settings and interactions.
(4) The progression of skills in the four language domains are developed simultaneously and can be divided into two categories: receptive skills and expressive skills. Listening and reading are the receptive (input) skills. Students' development in receptive skills is necessary for comprehension and attainment of the English language and content. Speaking and writing are the expressive (output) skills. Students' ability to express and share their personal ideas and content knowledge allow teachers the opportunity to check for understanding and adjust instruction. Effective content-based language instruction involves engaging EB students in scaffolded opportunities to listen, speak, read, and write at their current levels of proficiency while gradually increasing linguistic complexity.
(5) In order for EB students to be successful, educators must create an environment that welcomes and encourages students to leverage their unique cultural and linguistic experiences as they develop English language skills and learn academic content. Educators must cultivate an approach that integrates students' and their families' funds of knowledge into the classroom instructional practices. Culturally and linguistically sustaining practices leverage and celebrate students' cultural heritage and backgrounds while elevating their cultural and linguistic identities. Teaching and learning cognates that connect both (or multiple) languages can also construct bridges between languages and increase confidence as English language acquisition progresses.
(6) The ELPS student expectations are the knowledge and skills students must demonstrate. They indicate what students should know and be able to do in order to meet academic content standards. Proficiency level descriptors describe behaviors EB students exhibit across five proficiency levels as they acquire English. EB students may exhibit different proficiency levels within and across the domains of listening, speaking, reading, and writing.
(7) The ELPS demonstrate an asset-based approach to address the affective, linguistic, and cognitive needs of EB students in accordance with §89.1210(b) of this title (relating to Program Content and Design) as follows:
(A) acknowledge and leverage the existing funds of knowledge students possess, including linguistic repertoire, cultural heritage, and background knowledge;
(B) demonstrate targeted and intentional academic language skills to ensure content-area teachers are able to accurately evaluate the abilities of EB students and scaffold toward the increasingly complex English that students hear, speak, and are expected to read and write; and
(C) provide an exact and incremental measure of the stages of English language acquisition with attention to the fact that EB students at all levels of proficiency can engage in cognitively demanding tasks and master the required essential knowledge and skills with appropriate language support.
(8) The proficiency level descriptors are organized into general proficiency level descriptors and content-area proficiency level descriptors. General proficiency level descriptors are descriptions of a broad scope of student behaviors that can be observed in a variety of educational settings and across content areas. Content-area proficiency level descriptors describe student behaviors and language associated with discipline-specific learning in English language arts and reading, mathematics, science, and social studies.
(d) Cross-curricular English language acquisition student expectations.
(1) Student expectations--listening. The EB student listens to a variety of speakers, including teachers, peers, and multimedia, to gain an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels in listening. The student is expected to:
(A) distinguish sounds and intonation patterns by responding with gestures or images, orally, or in writing;
(B) use contextual factors or word analysis such as cognates, Greek and Latin prefixes, suffixes, and roots to comprehend content-specific vocabulary when heard during formal and informal classroom interactions by responding with gestures or images, orally, or in writing;
(C) respond with accuracy to oral directions, instructions, and requests;
(D) use context to construct the meaning of descriptive language, words with multiple meanings, register, and figurative language such as idiomatic expressions heard during formal and informal classroom interactions;
(E) demonstrate listening comprehension from information presented orally during formal and informal classroom interactions by restating, responding, paraphrasing, summarizing, or asking for clarification or additional details; and
(F) derive meaning from a variety of auditory multimedia sources to build and reinforce concepts and language acquisition.
(2) Student expectations--speaking. The EB student speaks using a variety of language structures for a variety of purposes with an awareness of different language registers (formal/informal) using vocabulary with increasing accuracy and fluency in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency level of English language acquisition in speaking. The student is expected to:
(A) pronounce words, including high-frequency words, cognates, and increasingly complex syllable types, with accuracy;
(B) speak using content-area vocabulary during formal and informal classroom interactions to demonstrate acquisition of new words and high-frequency words;
(C) speak using a variety of language and grammatical structures, sentence lengths and types, and transition words;
(D) speak using appropriate register to convey a message during formal and informal classroom interactions with accuracy and fluency;
(E) narrate, describe, explain, justify, discuss, elaborate, or evaluate orally with increasing specificity and detail in academic context or discourse; and
(F) restate, ask questions about, or respond to information during formal and informal classroom interactions.
(3) Student expectations--reading. The EB student reads a variety of texts for different purposes with an increasing level of comprehension in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in reading. The student is expected to:
(A) demonstrate awareness of print concepts and directionality of reading as left to right and top to bottom;
(B) decode words using the relationships between sounds and letters and identify syllable patterns, cognates, affixes, roots, or base words;
(C) use high-frequency words, contextual factors, and word analysis such as Greek and Latin prefixes, suffixes, and roots and cognates to comprehend content-area vocabulary in text;
(D) use context to construct the meaning of figurative language such as idiomatic expressions, descriptive language, and words with multiple meanings to comprehend a variety of text;
(E) use pre-reading strategies, including previewing the text features, connecting to prior knowledge, organizing ideas, and making predictions, to develop comprehension;
(F) derive meaning from and demonstrate comprehension of content-area texts using visual, contextual, and linguistic supports;
(G) demonstrate reading comprehension of content-area texts by retelling, paraphrasing, summarizing, and responding to questions; and
(H) read with fluency and prosody and demonstrate comprehension of content-area text.
(4) Student expectations--writing. The EB student writes using a variety of language structures with increasing accuracy to effectively address a variety of purposes (formal and informal) and audiences in all content areas. The EB student may be at the pre-production, beginning, intermediate, high intermediate, or advanced proficiency levels of English language acquisition in writing. The student is expected to:
(A) apply relationships between sounds and letters of the English language to represent sounds when writing;
(B) write text following conventional spelling patterns and rules;
(C) write using a combination of high-frequency words and content-area vocabulary;
(D) write content-area texts using a variety of sentence lengths and types and transition words;
(E) write content-area specific text using conventions such as capitalization, punctuation, and abbreviations and grammatical structures such as subject-verb agreement, verb tense, possessive case, and contractions; and
(F) write to narrate, describe, explain, respond, or justify with supporting details and evidence using appropriate content, style, register, and conventions for specific purpose and audience.
(e) Proficiency level descriptors.
(1) The following five proficiency levels describe students' progress in English language acquisition.
(A) Pre-production. The pre-production level, also known as the silent period, is the early stage of English language acquisition when receptive language is developing. Students develop comprehension when highly scaffolded instruction and linguistic support are provided. Student responses are mostly non-verbal.
(B) Beginning. The beginning level is characterized by speech emergence (expressive language) using one word or two-to-three-word phrases. Students at this level require highly scaffolded instruction and linguistic support. Students at this level begin to consistently use present tense verbs and repeat keywords and familiar phrases when engaging in formal and informal interactions.
(C) Intermediate. The intermediate level is characterized by the ability to use receptive and expressive language with demonstrated literal comprehension. Students at this level need moderately scaffolded instruction and linguistic support. Additional visual and linguistic support is needed to understand unfamiliar or abstract concepts such as figurative language, humor, and cultural or societal references. Students at this level begin to consistently use short phrases and simple sentences or ask short questions to demonstrate comprehension during formal and informal interactions.
(D) High intermediate. Students at the high intermediate level begin to consistently use a variety of sentence types, express opinions, share thoughts, and ask for clarification. Students at this level have an increased level of literal and abstract comprehension. Students may need minimal scaffolded instruction and linguistic support to engage in formal and informal classroom interactions.
(E) Advanced. The advanced level is characterized by the ability of students to engage in formal and informal classroom interactions with little to no linguistic support. Students at this level engage in discourse using content-area vocabulary and a variety of grammatical structures with increasing accuracy.
(2) The Grades 4-12 proficiency level descriptors are described in the figure provided in this paragraph.
Figure: 19 TAC §120.21(e)(2) (.pdf)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500076
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 2, 2025
Proposal publication date: August 2, 2024
For further information, please call: (512) 475-1497
SUBCHAPTER J. HOSPITALITY AND TOURISM
The State Board of Education (SBOE) adopts an amendment to §127.482, concerning Texas Essential Knowledge and Skills for career development and career and technical education. The amendment is adopted without changes to the proposed text as published in the August 2, 2024 issue of the Texas Register (49 TexReg 5625) and will not be republished. The adopted amendment makes technical adjustments to prerequisites to align with the recently revised career and technical education (CTE) programs of study.
REASONED JUSTIFICATION: The federal Strengthening Career and Technical Education for the 21st Century Act, commonly referred to as Perkins V, requires states that receive federal CTE funds to align CTE programs of study to high-wage, in-demand, and high-skill occupations. In fall 2023, the Texas Education Agency engaged members of the workforce, secondary education, and higher education to advise on the development and refresh of programs of study, which include coherent course sequences, industry-based certifications, and work-based learning opportunities to ensure students are prepared for high-wage, in-demand, and high-skill careers in Texas.
The adopted amendment aligns language related to prerequisites to ensure alignment with the refreshed programs of study.
The SBOE approved the amendment for first reading and filing authorization at its June 28, 2024 meeting and for second reading and final adoption at its September 13, 2024 meeting.
In accordance with Texas Education Code, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date will allow for technical adjustments to be made to course titles, prerequisites, and corequisites at the earliest possible date to avoid confusion and ensure students have access to appropriate corequisite courses. The effective date is 20 days after filing as adopted with the Texas Register.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began August 2, 2024, and ended at 5:00 p.m. on September 3, 2024. The SBOE also provided an opportunity for registered oral and written comments at its September 2024 meeting in accordance with the SBOE board operating policies and procedures. No public comments were received.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; and TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §7.102(c)(4) and §28.002(a) and (c).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500079
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 2, 2025
Proposal publication date: August 2, 2024
For further information, please call: (512) 475-1497
The State Board of Education (SBOE) adopts amendments to §§130.30, 130.136, 130.137, 130.138, 130.143, 130.144, 130.445, and 130.446, concerning Texas Essential Knowledge and Skills for career and technical education. The amendments are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5627) and will not be republished. The adopted amendments make technical adjustments to course titles, prerequisites, and corequisites to align with the recently revised career and technical education (CTE) programs of study.
REASONED JUSTIFICATION: The federal Strengthening Career and Technical Education for the 21st Century Act, commonly referred to as Perkins V, requires states that receive federal CTE funds to align CTE programs of study to high-wage, in-demand, and high-skill occupations. In fall 2023, the Texas Education Agency engaged members of the workforce, secondary education, and higher education to advise on the development and refresh of programs of study, which include coherent course sequences, industry-based certifications, and work-based learning opportunities to ensure students are prepared for high-wage, in-demand, and high-skill careers in Texas.
The adopted amendments align existing CTE course titles and language related to prerequisites and corequisites to ensure alignment with the refreshed programs of study.
The SBOE approved the amendments for first reading and filing authorization at its June 28, 2024, meeting and for second reading and final adoption at its September 13, 2024, meeting.
In accordance with Texas Education Code, §7.102(f), the SBOE approved the amendments for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date will allow for technical adjustments to be made to course titles, prerequisites, and corequisites at the earliest possible date to avoid confusion and ensure students have access to appropriate corequisite courses. The effective date is 20 days after filing as adopted with the Texas Register.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began August 2, 2024, and ended at 5:00 p.m. on September 3, 2024. The SBOE also provided an opportunity for registered oral and written comments at its September 2024 meeting in accordance with the SBOE board operating policies and procedures. Following is a summary of the public comments received and corresponding responses.
Comment. One teacher and three administrators recommended maintaining the current course titles for §130.136, Business Information Management I, and §130.137, Business Information Management II, since the proposed new course names could cause confusion.
Response. The SBOE disagrees and has determined that the proposed new course titles are appropriate and better reflect the content and level of the courses.
Comment. One administrator stated that the proposed new course titles, Foundations of Business Communication and Technologies and Business Communication and Technologies, for Business Information Management I and II, respectively, do not reflect the Texas Essential Knowledge and Skills for the courses, which focus on application software.
Response. The SBOE disagrees and has determined that the proposed new course titles appropriately reflect the content and level of the courses.
Comment. Two administrators stated that the proposed amendments to certain course titles are necessary but are incomplete as they only address four courses in two career clusters. The commenter explained that there are more course titles with "I" and "II" used to designate two levels of related content rather than to indicate the level of a course within a program of study.
Response. The SBOE agrees that changes to CTE course titles are necessary and took action to adopt the proposed amendments to certain course titles as proposed. The SBOE has also determined that additional updates to CTE course titles may be necessary in the future to better reflect the level of the courses within program(s) of study.
Comment. One administrator stated that there are currently only two CTE courses that include the word "foundations" in their titles, while other course titles include "essentials," "fundamentals," "introduction," and "basic." The commenter recommended consistently using "foundations" and "advanced" respectively as replacements for "I" and "II" in CTE course titles.
Response. The SBOE disagrees that the term "foundations" is the only term that should be used in the titles of introductory level courses and has determined that terms such as "essentials," "fundamentals," "introduction," and "basic" may also be appropriate. The SBOE also disagrees that "I" and "II" should be replaced in all CTE courses and has determined that they are appropriate for Level 2 and Level 3 courses in a program of study.
SUBCHAPTER A. AGRICULTURE, FOOD, AND NATURAL RESOURCES
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; and TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §7.102(c)(4) and §28.002(a) and (c).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500080
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 2, 2025
Proposal publication date: August 2, 2024
For further information, please call: (512) 475-1497
19 TAC §§130.136 - 130.138, 130.143, 130.144
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; and TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §7.102(c)(4) and §28.002(a) and (c).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500081
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 2, 2025
Proposal publication date: August 2, 2024
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; and TEC, §28.002(c), which requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §7.102(c)(4) and §28.002(a) and (c).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500082
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 2, 2025
Proposal publication date: August 2, 2024
For further information, please call: (512) 475-1497