ELPS and the Law
Legal requirements every Texas educator should know
Legal Foundation
ELPS are not optional guidelines; they are legally required standards established through Texas law and administrative code. Understanding the legal basis helps educators recognize that ELPS implementation is a professional and legal obligation.
Texas Education Code
The primary state laws governing language programs for emergent bilingual students include:
- 1Chapter 29, Subchapter B - Establishes state policy requiring bilingual education and special language programs
- 2Section 29.053 - Requires districts with 20 or more EB students in any language classification at the same grade level to offer bilingual education or special language programs
- 3Section 29.061 - Specifies teacher certification and program requirements
Texas Administrative Code
The administrative rules that govern ELPS implementation:
- 119 TAC Chapter 120, Subchapter B (NEW) - Contains the revised 2026 ELPS with the 5-level proficiency system. Section 120.20 covers K-3 and Section 120.21 covers Grades 4-12
- 219 TAC Section 89.1210(b) - Program Content and Design requirements for bilingual and ESL programs
- 319 TAC Section 74.4 (OLD) - Previous location of ELPS with 4-level system, still in effect through 2025-2026
Federal Requirements
Under the Every Student Succeeds Act (ESSA), states must demonstrate that English learners are making progress toward English language proficiency. In September 2019, the U.S. Department of Education indicated that Texas only partially met these requirements, which was one of the catalysts for the ELPS revision process.
What This Means for Teachers
Every teacher who serves emergent bilingual students must incorporate ELPS into instruction. This is not just best practice; it is a legal requirement under Texas law. Districts are responsible for ensuring that teachers receive the training and support needed for effective ELPS implementation.