OFFICIAL
 

PURPOSE

1. This Policy and Procedure Statement is established to ensure compliance with V.T.C.A. Education Code, Section 51.917. It explains the procedures that are used to assure that the university complies with a Legislative requirement that all Texas public universities that utilize teaching assistants, instructors, lab assistants, research assistants, lecturers, assistant professors, associate professors, and full professors whose primary language is not English establish a program or short course that will ensure that all courses (with the exception of foreign languages) will be clearly taught in the English language.
2. House Bill 638, as enacted by the 71st Legislature of the State of Texas, amends Chapter 51, of the V.T.C.A. Education Code by adding Section 51.917 which reads (in part) as follows:

a.  “Faculty member" means a person who teaches a course offered for  academic credit by an institution of higher education, including teaching assistants, instructors, lab assistants, research assistants, lecturers, assistant professors, associate professors, and full professors.
b.    The governing board of each institution of higher education shall establish a program or a short course the purpose of which is to


(1).  assist faculty members whose primary language is not English to become proficient in the use of English; and
(2).  ensure that courses offered for credit at the institution are taught in the English language as determined by a satisfactory grade on the "Test of Spoken English" of the Educational Testing Service or a similar test approved by the board.


c.    A faculty member may use a foreign language to conduct foreign language courses designed to be taught in a foreign language.
d.    This section does not prohibit a faculty member from providing individual assistance during course instruction to a non-English-speaking student in the native language of the student.
e.    Each institution of higher education shall submit to the Texas Higher Education Coordinating Board a description of the program or short course established under this section, and the coordinating board shall approve and monitor the program or short course established at each institution of higher education.
f.    The cost of such English proficiency course as determined by the Coordinating Board shall be paid by the faculty member lacking proficiency in English. A faculty member must take the course until deemed proficient in English by his or her supervisor. The cost may be deducted from said faculty member’s salary.


 

PROCEDURES AND RESPONSIBILITIES

3. The Program Director, appointed by the Provost, is responsible for monitoring the Coordinating Board approved program that the university provides to meet the purposes described above.  In the process of overseeing this program, the Program Director will work with a committee of representatives from areas which may include:  Faculty Records, Graduate College, Texas State Intensive English (TSIE), International Office, Multicultural Student Affairs, Speech Language Hearing Clinic, Testing, Research-Support and Evaluation, and Undergraduate Admissions.
4. Individuals being interviewed for an instructional position at Texas State, in any of the categories defined as a "faculty member" in paragraph 2. (a) (2) above, and further designated as "instructional personnel" in this policy, will be carefully evaluated prior to being hired, to ensure that they possess effective communication skills in the English language.

a.  All individuals being considered for an instructional position must provide evidence that English is their primary language or that they have sufficiently mastered the spoken English language by making a passing score on one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A (pdf) (word).  Evidence of compliance with Clear English standards is reported by candidates for an instructional position through the use of the English Proficiency Form in Attachment B (pdf) (word).  English Proficiency Form with related evidence of mastery of the spoken English language must be included in the individual’s hiring packet.
b.  The following clause will be added to the contract of any faculty member whose primary language is not English.


"In accordance with a requirement of Texas law, Texas State has created a special assessment procedure and a program to ensure that all courses (with the exception of foreign languages) will be clearly taught in the English language. As a condition of your employment, you must be assessed, and you may be required to complete this program satisfactorily. Costs associated with assessment and/or program instruction as required under the provisions of Education Code Section 51.917 will be paid by instructional personnel receiving such instruction."


5. Each hiring package submitted for instructional personnel whose primary language is not English must include a passing score report on one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A (pdf) (word). Each written recommendation for the employment of instructional personnel will bear the following endorsement from the appropriate academic chair and dean: "I certify that ____________ has been carefully reviewed and evaluated as to his/her English language proficiency and is qualified to fill this position vacancy."  In the case of emergency appointments, instructional personnel whose primary language is not English must provide a passing score report on one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A (pdf) (word) by the end of the long semester of initial appointment.
6. Annually, to ensure continued compliance with the V.T.C.A. Education Code, Section 51.917, each academic dean will

a.    Review with the appropriate department/division chair the English Proficiency status of all College instructional personnel


(1).  whose primary language is not English, and whose English language proficiency has not been satisfactorily established through (i) a passing score report on one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A (pdf) (word), or (ii) peer evaluation and prior service to the University;
(2).  whose primary language is English but whose English language proficiency has not been satisfactorily established through peer evaluation and prior service to the university;
(3).  whose English language proficiency has been brought into question (e.g. because of student complaints).


b.  Require that the appropriate chair acquire and officially put on record the necessary documentation for personnel described in 6.a.(1) and 6.a.(2).
c.  Require that the appropriate chair take the following steps in regard to instructional personnel described in 6.a.3:


(1).   conduct a personal interview with the individual;
(2).   interview a representative sample of students from each class or laboratory taught or supervised by that individual; and
(3).   provide the academic dean with a written assessment of the individual’s English language proficiency.


7. If there is reasonable doubt that the individual is able to clearly express himself/herself in the English language, the academic dean will

a.    Require instructional personnel whose primary language is not English take one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A (pdf) (word).


(1).  A passing score on the test as indicated in Attachment A will be required by the University as satisfactory evidence of English Language Proficiency.
(2).  Instructional personnel who do not earn a passing score on one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A will be required to participate in the Texas State improvement program.  The approved test must be retaken no later than six (6) months following the date of the previous examination which resulted in an unsatisfactory score.
(3).  The TSIE Language Improvement and Support Training Program (LIST) will review test scores as a part of a comprehensive language proficiency assessment and prescribe an improvement program designed to meet the needs of the individual in question. An outline of the prescribed program will be signed by the participating faculty member and appropriate chair and then will be submitted to the academic dean for approval.


b.    Require that instructional personnel, whose primary language is English


(1).  Enter an improvement program offered by the TSIE LIST Program.
or(2).  Meet with a Language Review Committee (LRC), composed of the TSIE LIST Director and two faculty members, one of whom is from the individual’s department. The Committee members will require that the individual in question


(a).  read a printed passage aloud,
(b).  answer questions on general topics, and
(c).  give a 20-minute oral presentation to the committee as if the faculty member were speaking to a class of students.


1.   Each committee member will rate the individual’s demonstrated overall English proficiency on a scale of 0 to 5. If the individual in question is rated 4 or above by at least two of the three committee members, the faculty member may be considered by the academic dean to be proficient in the English language. (Details regarding the committee and the scoring procedures are contained in an operating manual housed with the TSIE LIST Program.)
2.  If the individual in question does not achieve at least two ratings of 4 or higher, the individual will be required to participate in the TSIE LIST program. The three committee members responsible for the ratings will identify particular deficiencies and prescribe an English language improvement program designed to meet the needs of the individual. The appropriate department/division chair will be responsible for submitting the improvement plan to the academic dean for approval.


8. The academic dean may certify instructional personnel as proficient in the English language upon receiving the following evidence:

a.  For instructional personnel whose primary language is not English, proficiency in the English language can be certified upon receiving evidence that they have retaken one of the approved tests of English proficiency as indicated in PPS 7.12, Attachment A (pdf) (word) and have received a passing score. The approved test must be retaken no later than six (6) months following the date of the previous examination which resulted in an unsatisfactory score. A second unsatisfactory score on the approved test of English proficiency may result in a review of the individual’s employment status with the University.
b.  For personnel whose primary language is English, proficiency in the English language can be certified upon receiving evidence from the TSIE LIST Director (a) that the individual has made satisfactory progress through the LIST Program or (b) that the individual in question has met again with their Language Review Committee and has received a satisfactory English language proficiency rating under the procedure outlined in paragraph 7. b above. Item (a) or (b) must occur no later than six (6) months following the date of the first appearance before the Language Review Committee. A second unsatisfactory rating from the Language Review Committee may result in an individual’s employment status with the University being reviewed.


9. Any costs associated with providing English language proficiency instruction as required under the provisions Education Code Section 51.917 will be paid by instructional personnel receiving such instruction as set forth in paragraph 2 (f) V.T.C.A., Education Code Section 51.917 above. Costs associated with taking or retaking the approved test of English proficiency will also be paid by individuals required to take or retake the approved test of English proficiency under the provisions of this policy.
10. Reevaluation and additional prescribed instruction may be necessary in certain cases.
11. Refusal by an individual to participate in any assessment of his/her academic English language competency, and/or prescribed instruction, may result in that individual’s dismissal from employment with the University.
12. University policy does not permit discrimination against any person on any basis prohibited by law, including discrimination on the basis of national origin. The Provost, deans, department chairs/school directors and the program directors will take such steps as are necessary to avoid discrimination on the basis of national origin in the implementation, operation, and evaluation of this program.



 

CERTIFICATION STATEMENT

13. 1This PPS has been approved by the reviewer listed below and represents Texas State's Division of Academic Affairs policy and procedure from the date of this document until superseded.

Review Cycle: _____________________Review Date: ________________
Reviewer: ________________________ Date: _______________________
Approved: ________________________ Date: _______________________


Perry Moore
Provost and Vice President for Academic Affairs
 
Texas State University-San Marcos
Provost and Vice President for Academic Affairs
Last Updated: May 1, 2007
Send comments and questions to: tg12@txstate.edu