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Texas Administrative Code (TAC), Title 19, Part II

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1Texas Administrative Code (TAC), Title 32student.
19, Part II. Chapter 89. Adaptations for 33Duties of the LPAC. (1) administration
Special Populations, Subchapter BB. of the English version
Commissioner's Rules Concerning State Plan criterion-referenced test; (2)
for Educating Limited English Proficient administration of the Spanish version
Students Developed by Dr. Laurie Weaver. criterion-referenced test; or (3) for
2What do you know? What would you tell certain immigrant students, exemption from
a parent who asks how a child enters the the criterion-referenced test.
bilingual or ESL program? What would you 34Duties of the LPAC. In determining the
tell a parent who asks how a child gets appropriate assessment option, the
out of a bilingual or ESL program? language proficiency assessment committee
3Goal: Bilingual Education. The goal of shall consider the following criteria for
bilingual education programs shall be to each student: (1) academic program
enable limited English proficient students participation (bilingual education or
to become competent in the comprehension, English as a second language) and language
speaking, reading, and composition of the of instruction; (2) language proficiency,
English language through the development including literacy, in English and/or
of literacy and academic skills in the Spanish; (3) number of years enrolled in
primary language and English. U.S. schools;
4Goal: English as a Second Language. 35Duties of the LPAC. (4) previous
The goal of English as a second language testing history; (5) level achieved in the
programs shall be to enable limited state reading proficiency tests in English
English proficient students to become (RPTE); (6) consecutive years of residence
competent in the comprehension, speaking, outside of the 50 U.S. states; and (7)
reading, and composition of the English schooling outside the U.S.
language through the integrated use of 36Duties of the LPAC. The language
second language methods. proficiency assessment committee shall
5When is Bilingual Education Required? give written notice to the student's
Each school district which has an parent advising that the student has been
enrollment of 20 or more limited English classified as limited English proficient
proficient students in any language and requesting approval to place the
classification in the same grade level student in the required bilingual
district-wide shall offer a bilingual education or English as a second language
education program. program.
6When is Bilingual Education Required? 37Monitoring. The language proficiency
A district shall provide a bilingual assessment committee shall monitor the
education program by offering a dual academic progress of each student who has
language program in prekindergarten exited from a bilingual or English as a
through the elementary grades. second language program within the past
7When is ESL Required? All limited two years to determine whether the student
English proficient students for whom a is academically successful as defined in
district is not required to offer a §89.1225(j) of this title (relating to
bilingual education program shall be Testing and Classification of Students).
provided an English as a second language 38Monitoring. Those students who are not
program . . . regardless of the students' academically successful due to limited
grade levels and home language, and English proficiency shall be reclassified
regardless of the number of such students. as limited English proficient (LEP), and
8What if a District is Unable to offer shall be recommended for participation in
a Bilingual Program? Districts which are a bilingual education or English as a
unable to provide a bilingual education second language program.
program . . . shall request from the 39Assessment: Initial Enrollment. In
commissioner of education an exception to prekindergarten through Grade 1, an oral
the bilingual education program and language proficiency test approved by the
approval to offer an alternative program. Texas Education Agency (TEA) must be
. . . This request will be submitted by a administered.
date determined by the commissioner of 40Assessment: Initial Enrollment. In
education and shall include: Grades 2-12, a TEA-approved oral language
9What if a District is Unable to offer proficiency test and the English reading
a Bilingual Program? (1) a statement of and English language arts sections from a
the reasons the district is unable to TEA-approved norm-referenced measure, or
offer the bilingual education program with another test approved by TEA, must be
supporting documentation; (2) a administered.
description of the proposed alternative 41Assessment: Initial Enrollment.
modified bilingual education or intensive Districts which provide a bilingual
English as a second language programs. . . education program shall administer an oral
10What if a District is Unable to offer language proficiency test in the home
a Bilingual Program? (3) an assurance that language of the students who are eligible
certified personnel available in the for being served in the bilingual
district will be assigned to grade levels education program.
beginning at prekindergarten followed 42Assessment: Initial Enrollment. For
successively by subsequent grade levels to entry into a bilingual education or
ensure that the linguistic and academic English as a second language program, a
needs of the limited English proficient student shall be identified as limited
students with beginning levels of English English proficient using the following
proficiency are served on a priority criteria. (1) At prekindergarten through
basis; Grade 1, the score on the English oral
11What if a District is Unable to offer language proficiency test is below the
a Bilingual Program? (4) a description of level designated for indicating limited
the training program which the district English proficiency under subsection (d)
will provide to improve the skills of the of this section.
staff which is assigned to implement the 43Assessment: Initial Enrollment. At
proposed alternative program, and an Grades 2-12: (A) the student's score on
assurance that at least 10% of the the English oral language proficiency test
bilingual education allotment shall be is below the level designated for
used to carry out this training program; indicating limited English proficiency
and. under subsection (d) of this section; (B)
12What if a District is Unable to offer the student's score on the reading and
a Bilingual Program? (5) a description of language arts sections of the TEA-approved
the actions the district will take to norm-referenced measure at his or her
ensure that the program required under grade level is below the 40th percentile;
subsection (a) of this section will be or.
provided the subsequent year, including 44Assessment: Initial Enrollment. (C)
its plans for recruiting and training an the student's ability in English is so
adequate number of teachers to eliminate limited that the administration, at his or
the need for subsequent exceptions. her grade level, of the reading and
13What is the Design of the Bilingual language arts sections of a TEA-approved
Education Program? The bilingual education norm-referenced assessment instrument or
program shall be a full-time program of other test approved by TEA is not valid.
instruction in which both the students' 45Exit. For exit from a bilingual
home language and English shall be used education or English as a second language
for instruction. The amount of instruction program, a student may be classified as
in each language within the bilingual English proficient at the end of the
education program shall be commensurate school year in which a student would be
with the students' level of proficiency in able to participate equally in a regular,
each language and their level of academic all-English, instructional program.
achievement. 46Exit. This determination shall be
14What Should the Bilingual Education based upon tests that measure the extent
Program Address? The bilingual education to which the student has developed oral
program shall address the affective, and written language proficiency and
linguistic, and cognitive needs of limited specific language skills in both the
English proficient students. student's primary language (for students
15What is the design of an ESL program? enrolled in bilingual education) and
English as a second language programs English, and one of the following:
shall be intensive programs of instruction 47Exit. (A) meeting state performance
designed to develop proficiency in the standards for the English language
comprehension, speaking, reading, and criterion-referenced assessment instrument
composition in the English language. for reading and writing (when available)
Instruction in English as a second required in the Texas Education Code
language shall be commensurate with the (TEC), §39.023, at grade level; or (B)
student's level of English proficiency and scoring at or above the 40th percentile on
his or her level of academic achievement. both the English reading and the English
16What is the design of an ESL program? language arts sections of a state approved
In prekindergarten through Grade 8, standardized test.
instruction in English as a second 48Exit. A student may not be exited from
language may vary from the amount of time the bilingual education or English as a
accorded to instruction in English second language program in prekindergarten
language arts in the regular program for through Grade 1.
nonlimited English proficient students to 49Participation of Non-LEP Students in
a full-time instructional setting Bilingual Education. Districts may enroll
utilizing second language methods. students who are not limited English
17What is the design of an ESL program? proficient in the bilingual education
In high school, the English as a second program in accordance with the Texas
language program shall be consistent with Education Code.
graduation requirements under Chapter 74 50Facilities. Bilingual education and
of this title (relating to Curriculum English as a second language programs
Requirements). shall be located in the regular public
18What is the design of an ESL program? schools of the district rather than in
The language proficiency assessment separate facilities. In order to provide
committee may recommend appropriate the required bilingual education or
services that may include content courses English as a second language programs,
provided through sheltered instructional districts may concentrate the programs at
approaches by trained teachers, enrollment a limited number of schools within the
in English as a second language courses, district provided that the enrollment in
additional state elective English courses, those schools shall not exceed 60% limited
and special assistance provided through English proficient students.
locally determined programs. 51Parental Authority. The entry or
19What Should be Addressed in the ESL placement of a student in the bilingual
Program? The English as a second language education or English as a second language
program shall address the affective, program must be approved in writing by the
linguistic, and cognitive needs of limited student's parent. The parent's approval
English proficient students as follows. shall be considered valid for the
20Integration in other subjects. In student's continued participation in the
subjects such as art, music, and physical required bilingual education or English as
education, the limited English proficient a second language program until the
students shall participate with their student meets the exit criteria described
English-speaking peers in regular classes in §89.1225(h) of this title (relating to
provided in the subjects. The district Testing and Classification of Students),
shall ensure that students enrolled in graduates from high school, or the parent
bilingual education and English as a requests a change in program placement.
second language programs have a meaningful 52Parental Authority. The district shall
opportunity to participate with other notify the student's parent of the
students in all extracurricular student's reclassification as English
activities. proficient and his or her exit from the
21How do We Know Which Students to Test? bilingual education or English as a second
Districts shall conduct only one home language program and acquire approval as
language survey of each student. The home required under Texas Education Code,
language survey shall be administered to §29.056(a). Students meeting exit
each student new to the district, and to requirements may continue in the bilingual
students previously enrolled who were not education or English as a second language
surveyed in the past. program with parental approval but are not
22Home Language Survey. The home eligible for inclusion in the district
language survey shall be administered in bilingual education allotment.
English and Spanish; for students of other 53Staffing. School districts shall take
language groups, the home language survey all reasonable affirmative steps to assign
shall be translated into the home language appropriately certified teachers to the
whenever possible. The home language required bilingual education and English
survey shall contain the following as a second language programs in
questions. accordance with the Texas Education Code,
23Home Language Survey. (1) "What §29.061, concerning bilingual education
language is spoken in your home most of and special language program teachers.
the time?" (2) "What language 54Staffing. Districts which are unable
does your child (do you) speak most of the to secure a sufficient number of certified
time?" bilingual education and English as a
24Home Language Survey. If the response second language teachers to provide the
on the home language survey indicates that required programs, shall request emergency
a language other than English is used, the teaching permits or special assignment
student shall be tested in accordance with permits, as appropriate, in accordance
§89.1225 of this title (relating to with Chapter 230, Subchapter Q, of this
Testing and Classification of Students). title (relating to Permits).
25Language Proficiency Assessment 55Staffing. School districts which are
Committee. Membership (Bilingual unable to employ a sufficient number of
Education) (b) Each committee shall teachers, including part-time teachers,
include a professional bilingual educator, who meet the requirements of subsection
a professional transitional language (a) of this section for the bilingual
educator, a parent of a limited English education and English as a second language
proficiency student, and a campus programs shall apply on or before October
administrator. 1 for an exception to the bilingual
26LPAC. Membership (ESL) In districts education program.
and grade levels not required to provide a 56Staffing. Teachers assigned to the
bilingual education program, the language bilingual education program and/or English
proficiency assessment committee shall be as a second language program may receive
composed of one or more professional salary supplements as authorized by the
personnel and a parent of a limited Texas Education Code, §42.153.
English proficient student participating 57Staffing. Districts may compensate
in the program designated by the district. teachers and aides assigned to bilingual
27How Often Does the LPAC Meet? A education and English as a second language
district shall establish and operate a programs for participation in continuing
sufficient number of language proficiency education programs designed to increase
assessment committees to enable them to their skills or lead to bilingual
discharge their duties within four weeks education or English as a second language
of the enrollment of limited English certification.
proficient students. 58Staffing. Districts which are unable
28Duties of the LPAC. Upon their initial to staff their bilingual education and
enrollment and at the end of each school English as a second language programs with
year, the language proficiency assessment fully certified teachers shall use at
committee shall review all pertinent least 10% of their bilingual education
information on all limited English allotment for preservice and inservice
proficient students identified in training to improve the skills of the
accordance with §89.1225(f) of this title teachers who provide the instruction in
(relating to Testing and Classification of the alternative bilingual education
Students), and shall: program, who provide instruction in
29Duties of the LPAC. (1) designate the English as a second language, and/or who
language proficiency level of each limited provide content area instruction in
English proficient student in accordance special classes for limited English
with the guidelines issued pursuant to proficient students.
§89.1210(b) and (d) of this title 59Required Summer School. Summer school
(relating to Program Content and Design); programs that are provided under the Texas
(2) designate the level of academic Education Code, §29.060, for children of
achievement of each limited English limited English proficiency who will be
proficient student; eligible for admission to kindergarten or
30Duties of the LPAC. 3) designate, first grade at the beginning of the next
subject to parental approval, the initial school year shall be implemented in
instructional placement of each limited accordance with this section.
English proficient student in the required 60Evaluation. Annual reports of
program; (4) facilitate the participation educational performance shall reflect the
of limited English proficient students in academic progress in either language of
other special programs for which they are the limited English proficient students,
eligible provided by the district with the extent to which they are becoming
either state or federal funds; and. proficient in English, the number of
31Duties of the LPAC. (5) classify students who have been exited from the
students as English proficient in bilingual education and English as a
accordance with the criteria described in second language programs, and the number
§89.1225(h) of this title (relating to of teachers and aides trained and the
Testing and Classification of Students), frequency, scope, and results of the
and recommend their exit from the training.
bilingual education or English as a second 61Evaluation. Each school year, the
language program. principal of each school campus, with the
32Duties of the LPAC. Before the assistance of the campus level committee,
administration of the state shall develop, review, and revise the
criterion-referenced test each year, the campus improvement plan described in the
language proficiency assessment committee Texas Education Code, §11.253, for the
shall determine the appropriate assessment purpose of improving student performance
option for each limited English proficient for limited English proficient students.
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