Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES · CHAPTER 29. EDUCATIONAL PROGRAMS
Texas Codes

Tex. Educ. Code § 29.053 (2026)

Establishment Of Bilingual Education And Special Language Programs

✓ current as of May 2026
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Sec. 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS. (a) The agency shall establish a procedure for identifying school districts that are required to offer bilingual education and special language programs in accordance with this subchapter.

(b) Within the first four weeks following the first day of school, the language proficiency assessment committee established under Section 29.063 shall determine and report to the board of trustees of the district the number of emergent bilingual students on each campus and shall classify each student according to the language in which the student possesses primary proficiency. The board shall report that information to the agency before November 1 each year.

(c) Each district with an enrollment of 20 or more emergent bilingual students in any language classification in the same grade level shall offer a bilingual education or special language program.

(d) Each district that is required to offer bilingual education and special language programs under this section shall offer the following for emergent bilingual students:

(1) bilingual education in kindergarten through the elementary grades;

(2) bilingual education, instruction in English as a second language, or other transitional language instruction approved by the agency in post-elementary grades through grade 8; and

(3) instruction in English as a second language in grades 9 through 12.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 7, eff. September 1, 2021.

Notes of Decisions
Cited in 3 cases, 2008–2010 · leading case: United States v. Texas, 601 F.3d 354 (5th Cir. 2010).
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United States v. Texas, 601 F.3d 354 (5th Cir. 2010). “Tex. Educ.Code § 29.053(d)(2). 7 These programs are significantly different; bilingual instruction teaches course materials in both English and the student’s native language, while ESL instruction teaches materials in modified English for easier comprehension by LEP students.”
United States v. Texas, 572 F. Supp. 2d 726 (E.D. Tex. 2008). “Tex. Educ.Code § 29.053(d); (1 Tr. 33; 3 Tr.”
United States v. State of Texas (5th Cir. 2010). “TEX. EDUC. CODE § 29.053(d)(2).7 These programs are significantly different; bilingual instruction teaches course materials in both English and the student’s native language, while ESL instruction teaches materials in modified English for easier comprehension by LEP students.”
— Tex. Educ. Code § 29.053(d) — 1 case
United States v. Texas, 572 F. Supp. 2d 726 (E.D. Tex. 2008). “Tex. Educ.Code § 29.053(d); (1 Tr. 33; 3 Tr.”
— Tex. Educ. Code § 29.053(d)(2) — 2 cases
United States v. Texas, 601 F.3d 354 (5th Cir. 2010). “Tex. Educ.Code § 29.053(d)(2). 7 These programs are significantly different; bilingual instruction teaches course materials in both English and the student’s native language, while ESL instruction teaches materials in modified English for easier comprehension by LEP students.”
United States v. State of Texas (5th Cir. 2010). “TEX. EDUC. CODE § 29.053(d)(2).7 These programs are significantly different; bilingual instruction teaches course materials in both English and the student’s native language, while ESL instruction teaches materials in modified English for easier comprehension by LEP students.”
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