The Education of Older Immigrant Students Question & Answer Document TEXAS EDUCATION AGENCY 1.

What is the federal definition of an immigrant student? Under Title III of the No Child Left Behind Act of 2001 (NCLB), the term ‘immigrant children and youth’ is defined as, “individuals who are aged 3 through 21; were not born in any state; and have not been attending one or more schools in any one or more states for more than 3 full academic years. The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.” P.L. 107-110 Title III, Part C, § 3301(6). Who can enroll in English I for SOL and in English II for SOL? Only immigrant students with limited English proficiency may enroll in English I for SOL and English II for SOL. [Ref 19 TAC 74.11(d)(1)(A) and 74.42 (b)(1)(a)]. What other English courses must immigrant students take to complete the English graduation requirements? Immigrant students, whether LEP or non-LEP, are required to fulfill the graduation requirements as are all students. These requirements include English III, and either English IV, Research/Technical Writing, Creative/Imaginative Writing, Practical Writing Skills, Literacy Genres, Business Communication, Journalism, or concurrent enrollment in a college English course [Ref. 19 TAC 74.11 (d)(1)(B) and 74.42 (b)(1)(B). For guidance on requirements for immigrant students with disabilities, contact your regional education service center. What certification is required for teachers teaching English I for SOL and English II for SOL? In order to teach English I for SOL and English II for SOL, a teacher must have a secondary teaching certificate and ESL certification/endorsement. Additionally, all teachers will have to meet the highly qualified requirements of the No Child Left Behind Act of 2001 (NCLB). Is the school district responsible for meeting the needs of LEP immigrant students in other content areas? Yes. School districts are required to meet the needs of LEP immigrant students by providing an ESL program consistent with graduation requirements under Chapter 74: Curriculum Requirements. The LPAC may recommend appropriate services that may include content courses provided through sheltered instructional approaches by trained teachers, enrollment in English as a Second language courses, additional state elective English courses, and special assistance provided through locally determined programs [Ref. 19 TAC 89.1210 (d)].





CFB Q & A 1. Can students who do not meet the “Federal Definition of Immigrant” be in ESOL? Non-Immigrant ELL should be in regular education courses to complete their high school graduation requirements (question #2). Sheltered courses should be for those students who are still considered immigrants (question #5). CFB Bil- ESL Department codes non-immigrant students as HSL (high school LEP). Students coded as HSL should be in regular content courses and remedial courses to assist them in meeting state standards for graduation.

Texas Education Agency