Section 122.322 - Bilingual Public Notice(a) The requirements of this subsection are applicable when either the elementary school or the middle school located nearest to the facility or proposed facility provides a bilingual education program as required by Education Code, Chapter 29, Subchapter B, and 19 Texas Administrative Code (TAC) §89.1205(a) (relating to Required Bilingual Education and English as a Second Language Programs), or if either school has waived out of such a required bilingual education program under the provisions of 19 TAC § 89.1205(g). Schools not governed by the provisions of 19 TAC § 89.1205shall not be considered in determining applicability of the requirements of this section. Each affected facility shall meet the following requirements. (1) At the applicant's expense, an additional notice shall be published at least once in each alternate language in which the bilingual education program is taught. If the nearest elementary or middle school has waived out of the requirements of 19 TAC § 89.1205(a) under 19 TAC § 89.1205(g), the notice shall be published in the alternate languages in which the bilingual education program would have been taught had the school not waived out of the bilingual education program.(2) Each notice under this section shall be published in a newspaper or publication that is published in the alternate language in which public notice is required.(3) The newspaper or publication must be of general circulation in the municipality or county in which the facility is located or proposed to be located.(4) The requirements of this section are waived for each language in which no publication exists, or if the publishers of all alternate language publications refuse to publish the notice.(5) Notice under this subsection shall only be required to be published within the United States.(6) If the alternate language publication is published less frequently than once a month, this notice requirement may be waived by the executive director on a case-by-case basis.(7) Each alternate language publication shall follow the requirements of § 122.320(g) of this title (relating to Public Notice) not otherwise inconsistent with this subsection.(8) At the applicant's expense, an additional sign shall be posted in each alternate language in which the bilingual education program is taught. If the nearest elementary or middle school has waived out of the requirements of 19 TAC § 89.1205(a) under 19 TAC § 89.1205(g), the alternate language signs shall be posted in the alternate languages in which the bilingual education program would have been taught had the school not waived out of the bilingual education program.(9) The alternate language signs shall be posted adjacent to each English language sign required in public notice.(10) The alternate language signs shall meet all other requirements of § 122.320(g) of this title.(b) Elementary or middle schools that offer English as a second language under 19 TAC § 89.1205(d), and are not otherwise affected by 19 TAC § 89.1205(a), will not trigger the requirements of subsection (a) of this section.(c) If the notices required by § 122.320(a) of this title and § 122.340 of this title (relating to Notice and Comment Hearing) are combined, the combined notice is subject to the requirements of this section.30 Tex. Admin. Code § 122.322
The provisions of this §122.322 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688