Texas Education Code - Section 29.054. Exception
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§ 29.054. EXCEPTION. (a) If a program other than
bilingual education must be used in kindergarten through the
elementary grades, documentation for the exception must be filed
with and approved by the agency.
(b) An application for an exception may be filed with the
agency when a district is unable to hire a sufficient number of
teachers with teaching certificates appropriate for bilingual
education instruction to staff the required program. The
application must be accompanied by:
(1) documentation showing that the district has taken
all reasonable affirmative steps to secure teachers with teaching
certificates appropriate for bilingual education instruction and
has failed;
(2) documentation showing that the district has
affirmative hiring policies and procedures consistent with the need
to serve limited English proficiency students;
(3) documentation showing that, on the basis of
district records, no teacher having a teaching certificate
appropriate for bilingual instruction or emergency credentials has
been unjustifiably denied employment by the district within the
past 12 months; and
(4) a plan detailing specific measures to be used by
the district to eliminate the conditions that created the need for
an exception.
(c) An exception shall be granted under this section on an
individual district basis and is valid for only one year.
Application for an exception for a second or succeeding year must be
accompanied by the documentation prescribed by Subsection (b).
(d) During the period for which a district is granted an
exception under this section, the district must use alternative
methods approved by the agency to meet the needs of its students of
limited English proficiency, including hiring teaching personnel
under a bilingual emergency permit.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Section: 29.015 29.016 29.0161 29.017 29.051 29.052 29.053 29.054 29.055 29.056 29.0561 29.057 29.058 29.059 29.060
Last modified: August 11, 2007
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